Extraterritoriality from the Port: EU’s approach to jurisdiction over ship-source pollution

Abstract

Ship-source pollution represents a threat to the environment, regardless of where it occurs. The European Union has been developing standards that aim to counter accidental, operational and intentional pollution in the waters under its member-state’s jurisdiction. However, and precisely because marine pollution knows no boundaries, the EU is not coy in contemplating what ships do beyond waters under the sovereignty of its member states. This article analyses the international lawfulness of EU claims to port state jurisdiction over ship-source pollution. It demonstrates that port state jurisdiction is today not only a means to ensure compliance with international standards but also a means to unilaterally enforce more stringent environmental standards.