The European and International legal framework on monitoring and response to oil pollution from ships

Oil spills cause damage to the marine environment. Such oil spills originate from land-based or sea-based sources. Sea-based sources are discharges coming from ships or offshore platforms. The origin of the pollution can be accidental or deliberate (defined also as operational). The European and international legislation in the field of monitoring and response to marine oil pollution is mainly based on the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 thereto (MARPOL 73/78) and the 1982 United Nations Convention on the Law of the Sea (UNCLOS). To complete the international framework, and with specific reference for European Countries, also the recent European legislation is presented. Special attention is given to the prosecution of polluting vessels. The main legal problem is the coordination and integration of the two principles on jurisdiction which co-exist: the nationality of the ship and the geographical position of the ship.