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Geographical Scope of the 92 Protocols to the CLC Convention and Fund Convention in the States which have not Established an Exclusive Economic Zone

Dorotea Ćorić ; Jadranski zavod HAZU, Zagreb

Puni tekst: hrvatski pdf 875 Kb

str. 71-82

preuzimanja: 331



The geographical scope of the 1992 Protocols to the CLC Convention and Fund Convention was extended to the exclusive economic zone. For states which have not established an exclusive economic zone (the coastal states of the Mediterranean Sea) the enlargement of the geographical scope of application of the Conventions only imposes an additional burden on them without there being any benefit in exchange. This is breach of the principle of mutuality on which the regime introduced by Fund was based. Therefore, there is growing concern between the Coastal States of the Mediterranean Sea in relation with the application of the CLC 92 and Fund 92 to an incident which might take place in the Mediterranean Sea beyond the territorial sea. The author discusses possible options to deal with this legal problem, particularly the Italian proposal to sign a Joint Declaration by all the Coastal States of the Mediterranean Sea. At the end author proposes that the Republic of Croatia should, as soon as possible, deposit Unilateral Declaration to the IMO and to the 1992 Fund concerned to interpretate the geographical scope of the 92 Protocols.

Ključne riječi

marine oil pollution; liability for damage; geographical scope; exclusive economic zone; CLC Convention - 1992 Protocols; Fund Convention; coastal states; Mediterranean Sea;

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