Statul de coastă și poluarea țărmurilor acestuia de o navă străină – după decizia Thysseas
The Coastal State and the pollution of its realms by a foreign vessel after the Thysseas decision

Summary/Abstract: France (including Corsica) has 5,953 kilometres of coastline, all of which is open to oil pollution. The aim of this paper is to demonstrate that this coastline is well protected by the French Administration and by French Courts against pollution by foreign vessels - notwithstanding the various provisions of the United Nations Convention on the law of the sea which protect such vessels (arts. 92 and 97 and art. 228). French Courts have a broad jurisdiction when the pollution originates from the internal sea o territorial waters. They share their jurisdiction with the Flag State when such pollution starts in the exclusive economic zone (art. 228). However, French Courts, when construing art. 228, strongly tend tofavour French jurisdiction. Finally, where pollution originates from the high seas, as this was the case of the Prestige, the extent of jurisdiction of French Courts remains unsettled.

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