When the Spiller Doesn't Know Who to Pay: The Application of MARPOL in Multi-National Shared Internal Waters Available to Purchase

Shared internal waters play host to the most trafficked maritime commerce routes around the world. Whether it is the North American Great Lakes, the Sea of Azov, the Black Sea, or the South China Sea, the international community must tackle responding to a petrochemical spill in these waters. Within shared internal waters, various instruments govern the intersection of port, coastal, and flag state responsibility regarding oil spill disasters. When a disaster occurs, responsible parties must know who to work with regarding remediation, and states must have a shared understanding of deploying resources.

Reviewing history's largest spills, including the EXXON VALDEZ, Deepwater Horizon, and the Ixtoc 1, it is obvious that a clear planning and response strategy must be in place before a similar disaster within shared internal waters. While the MARPOL framework assists, it does not provide an exhaustive treatment; not all states bordering shared internal waters are parties to all MARPOL annexes or procedures. The recent conflict between Russia and Ukraine would provide an interesting case study for a hypothetical spill response amongst adverse bordering nations.

This paper seeks to identify gaps in policy when a spill occurs within a shared internal waterway. First, it will examine the current state of MARPOL related to some of the busiest shared internal waters. Second, it will analyze the current MARPOL framework's applicability to shared internal waters, using historical examples as case studies. Finally, it seeks to identify a process for closing policy gaps to enable swift and effective incident remediation using a hypothetical case study.

The authors conclude that shared internal waterways demand as much, if not more attention, regarding oil spill planning and response. The potential for an environmental and economic disaster in a shared internal waterway demands more attention from industry and state actors, regardless of their MARPOL ratification status.