Paragraphs in "International Convention Relating To Intervention On The High Seas In Cases Of Oil Pollution Casualties" coded as SUBS

Displaying 1 - 26 of 26
Label Provision
Art.1 Article I
Art.1.1 1. Parties to the present Convention may take such measures on the high seas as may be necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat of pollution of the sea by oil, following upon a maritime casualty or acts related to such a casualty, which may reasonably be expected to result in major harmful consequences.
Art.1.2 2. However, no measures shall be taken under the present Convention against any warship or other ship owned or operated by a State and used, for the time being, only on government non-commercial service.
Art.3 Article III
Art.3.1x When a coastal State is exercising the right to take measures in accordance with Article I, the following provisions shall apply:
Art.3.1x.a (a) before taking any measures, a coastal State shall proceed to consultations with other States affected by the maritime casualty, particularly with the flag State or States;
Art.3.1x.b (b) the coastal State shall notify without delay the proposed measures to any persons physical or corporate known to the coastal State, or made known to it during the consultations, to have interests which can reasonably be expected to be affected by those measures. The coastal State shall take into account any views they may submit;
Art.3.1x.c (c) before any measure is taken, the coastal State may proceed to a consultation with independent experts, whose names shall be chosen from a list maintained by the Organization;
Art.3.1x.d (d) in cases of extreme urgency requiring measures to be taken immediately, the coastal State may take measures rendered necessary by the urgency of the situation, without prior notification or consultation or without continuing consultations already begun;
Art.3.1x.e (e) a coastal State shall, before taking such measures and during their course, use its best endeavours to avoid any risk to human life, and to afford persons in distress any assistance of which they may stand in need, and in appropriate cases to facilitate repatriation of ships' crews, and to raise no obstacle thereto;
Art.3.1x.f (f) measures which have been taken in application of Article I shall be notified without delay to the States and to the known physical or corporate persons concerned, as well as to the Secretary-General of the Organization.
Art.4 Article IV
Art.4.1 1. Under the supervision of the Organization, there shall be set up and maintained the list of experts contemplated by Article III of the present Convention, and the Organization shall make necessary and appropriate regulations in connection therewith, including the determination of the required qualifications.
Art.4.2 2. Nominations to the list may be made by Member States of the Organization and by Parties to this Convention. The experts shall be paid on the basis of services rendered by the States utilizing those services.
Art.5 Article V
Art.5.1 1. Measures taken by the coastal State in accordance with Article I shall be proportionate to the damage actual or threatened to it.
Art.5.2 2. Such measures shall not go beyond what is reasonably necessary to achieve the end mentioned in Article I and shall cease as soon as that end has been achieved; they shall not unnecessarily interfere with the rights and interests of the flag State, third States and of any persons, physical or corporate, concerned.
Art.5.3 3. In considering whether the measures are proportionate to the damage, account shall be taken of:
Art.5.3.a (a) the extent and probability of imminent damage if those measures are not taken; and
Art.5.3.b (b) the likelihood of those measures being effective; and
Art.5.3.c (c) the extent of the damage which may be caused by such measures.
Art.13 Article XIII
Art.13.1 1. The United Nations where it is the administering authority for a territory, or any State Party to the present Convention responsible for the international relations of a territory, shall as soon as possible consult with the appropriate authorities of such territories or take such other measures as may be appropriate, in order to extend the present Convention to that territory and may at any time by notification in writing to the Secretary-General of the Organization declare that the present Convention shall extend to such territory.
Art.13.2 2. The present Convention shall, from the date of receipt of the notification or from such other date as may be specified in the notification, extend to the territory named therein.
Art.13.3 3. The United Nations, or any Party which has made a declaration under paragraph 1 of this Article may at any time after the date on which the Convention has been so extended to any territory declare by notification in writing to the Secretary-General of the Organization that the present Convention shall cease to extend to any such territory named in the notification.
Art.13.4 4. The present Convention shall cease to extend to any territory mentioned in such notification one year, or such longer period as may be specified therein, after the date of receipt of the notification by the Secretary-General of the Organization.