International Law Update
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SandBar 7:4, January, 2009

International Law Update

EU Emission Reduction
In December, the European Union reached the world’s most expansive agreement to curb climate change. As part of the plan, the EU will auction industrial emission permits that had been previously issued free of charge. The plan seeks to cut carbon dioxide emissions by a fifth by 2020; however, the plan creates exemptions and offsets that environmentalists claim will lower the emission reductions.

 

Officers Liable for South Korean Oil Spill
The Government of the Republic of Korea has held two Indian officers on the supertanker Hebei Spirit liable for a December 2007 oil spill. Nearly 80,000 barrels of oil were spilled from the supertanker off South Korea’s western coast. The officers had been exonerated of liability from a lower court. Intertanko and other maritime organizations have protested the decision, asserting that the captains dealt with the oil spill appropriately.

 

Nations May Hunt Pirates on Shore
In response to an increase in pirate attacks on the high seas, the United Nations has approved a U.S. sponsored resolution to allow “all necessary measures that are appropriate in Somalia” to search for pirates. The resolution will allow nations to go ashore in Somalia and use the nation’s airspace in tracking the pirates.

 

Ship-Source Pollution Directive Upheld
In Intertanko v. Secretary of State for Transport, C-308/106 (June 3, 2008), the European Court of Justice held that the European Union’s directive on ship source pollution is valid. The EU directive governs liability for accidental discharges of pollutants. The court held that its validity could not be challenged under MARPOL because the European Community is not party to the convention. The court also held that the directive could not be challenged under the United Nations Convention on the Law of the Sea (UNCLOS) because it does not establish rules intended to apply directly and immediately to individuals.anchor


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