Answer
A. Enforcement by Flag state – Article 217
1.FS is responsible for making sure that the ships flying its falg follow Int. regltns & standards to prevent polltn from ships.
2.If ship doesn’t meet the requrmnts, it must stop vessel from leaving port until it complies 3.States must ensure ships are regularly checked, inspected & renew their certfcts.
4.Vessel commitiing violations, FS shall should carry immediate investigation & take legal action, no matter where the violation has hppnd
5.FS may request assistance of of other state in investigation
6.State at the written request of any state, investig ate any violation alleged to have been committed by vessels flying their flag.
7.FS shall promptly inform requesting state & competent Int. Org. of the action taken & its outcome. Such information shall be available to all states.
8.Penalties shall be adequate in severity to discourage violations.
Article 220 – Enforcement by Coastal state
8.When ship is in port/Offshore terminal of a state – Costal state can take legal action if the vessel violated its pollution law within territorial sea or EEZ.
9.Violatn in territorial sea during passage – if there is clear evidence that a passion ship broke pollution laws in the territorial sea, the state can inspect, detain & start proceeding under its law.
10.Violation in EEZ or Ter. Sea – if there are clear grounds a ship broke interntnl or national pollution rules in EEZ, the state can demand the ship’s identficatn, registry & voyage details for violatns.
11.Countries must ensure ships flying their flag must comply with such info (in pt. 3) requested by other states
12.Serious pollution threat in EEZ – if a vessel in EEZ causes or risks significant pollution & refuses to give info or gives false info, the costal state can physically inspect it
13.Major pollution or damage - If there is clear evidence of major damage or threat to a sate’s coast, resources or EEZ, the costal state can if evidence supports, detain & start legal proceedings.
Article 221 – Measures to avoid pollution arising from maritime casualties
1.Nothing in this Part shall prejudice the right of States, pursuant to international law, both customary and conventional, to take and enforce measures beyond the territorial sea proportionate to the actual or threatened damage to protect their coastline or related interests, including fishing, from pollution or threat of pollution following upon a maritime casualty or acts relating to such a casualty, which may reasonably be expected to result in major harmful consequences.
2.For the purposes of this article of UN CLOS, "Maritime Casualty" means a collision of vessels, stranding or other Incident of navigation, or other occurrence on board a vessel or external to it resulting in material damage or imminent threat of material damage to a vessel or cargo