On Monday, February 21, two locomotives equipped with fire hoses are expected off the Azores, a Portuguese property located in the Atlantic Ocean. His mission: to save what’s left of Felicity Ice, a ship the size of two football fields, has been destroyed by fire since February 16. On board, there will be 4,000 luxury cars from the Volkswagen group, including Porsche and Audi, with inflated displacement.
If the sailorsThe first team sent to put out the fire since February 18 has been evacuated. For good reason, a number of transportable vehicles are equipped with lithium-containing batteries. The captain of the ship, Joao Mendes Cabesas, also told Reuters that these batteries “Keep the fire burning.”
Responsible ship owner
Containing the fire to prevent the ship from sinking, and the cars ending up on the ocean floor, is a priority for the ship’s owner, Japan’s Mol Ship Management. The ship is saved on his responsibility.
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It remains to be seen who the ship owner will be responsible in the event of pollution. This raises the question of the competent state in this corner of the globe. Three components to this: the boat displays the flag of Panama, the accident occurred in the exclusive economic zone (EEZ) of Portugal, and for the time being, the ship owner assures that there is no polluted water. The ship’s tank, in particular, is stationary.
under the guardianship of Panama
“The exclusive economic zone is a free-of-navigation zone: as long as there is no danger of pollution, the competent state is the flag state, in this case Panama”Explains Odile Delfour, deputy director of the Center for Maritime and Oceanic Law in Nantes. “For example, if a ship’s tank leaks, with a danger on the Portuguese coast, the law of the sea would allow Portugal to take proportionate measures.»
Anyway, the cargo ship logged 90 nautical miles (167 kilometers) from the Azores on February 16. It has been drifting ever since, although it is guarded by the Portuguese Navy. Two more large tugboats are expected by the end of the week to follow the ship once the fire has been put out to a safe port. But what would happen if the ship continued to drift and sink in international waters, 200 miles (370 kilometers) from the Portuguese coast?
Low risk
“In international waters, jurisdiction is exclusive to the flag state.Odell Delfour continues. There is an obligation not to harm the environment. But it is not known that Panama is a very vigilant country in this regard. » In other words, in this case – UnlikelyBecause of the maneuvers that were conducted-, the shipowner can slip through the cracks.
“In this hypothesis where the ship will sink, it is unlikely that Panama would be concerned if it did not hold the ship’s owner accountable, conclude. In case of violation of international law, indirect sanctions are generally applied: a ship is prohibited from anchoring in a port or controls are strengthened for all ships flying a particular flag…”
