A “Ticking Bomb” Named FSO Safer: Environmental Impact and State Responsibility under the View of International Law of the Sea

Main Article Content

Gregory Joshua Manogar

Abstract

Oil spill is known as one of many common environmental disasters. Many oil spill disasters have cost countries and companies around the world huge amount of losses, and most importantly severe environmental damage which is not recoverable. Currently, one of Yemeni ships named FSO Safer is trapped and stranded around 5 miles from the outer coast of Yemen. The ship is carrying around 1 million barrels of crude oil in its storage, unfortunately the ship is currently in a poor condition and unstable, which may cause the largest super tanker oil spill disaster in the history, even worse than the Exxon Valdez disaster. Countries around the world including UN Members are looking for an immediate alternative to mitigate the disaster, as the Yemeni Government is currently in an armed conflict with the Houthi and have a very limited resource. This paper will analyze, which country will be affected by this imminent peril, who shall be responsible for the disaster and whether an exceptional circumstance that surrounds Yemen Government may discharge them for their responsibility as a state. This paper found that, this imminent disaster, will affect most of the countries located in the area of Red Sea, and the responsibility to deal with this imminent disaster are attached to all the affected countries under the UNCLOS 1982, including Yemen without any exception. An international movement initiated by the UN and Yemen Government itself must act immediately to prevent the disaster.

Article Details

How to Cite
Manogar, G. J. (2022). A “Ticking Bomb” Named FSO Safer: Environmental Impact and State Responsibility under the View of International Law of the Sea. Padjadjaran Journal of International Law, 6(2), 233-248. https://doi.org/10.23920/pjil.v6i2.997
Section
Articles

References

Books:
Alan Khee – Jin Tan, Vessel-Source Marine Pollution: The Law and Politics of International Regulation, Cambridge: Cambridge University Press, 2005.
Yoshifumi Tanaka, The International Law of the Sea (Second edition), Cambridge: Cambridge University Press, 2015.

Journals:
Benjamin Q. Huynh, “Public Health Impacts of an Imminent Red Sea Oil Spill”, Nature Sustainability Journal, Vol. 4, No.3, 2021.
Craig J. Capon, “The Threat of Oil Pollution in the Mallaca Strait: Arguing for a Broad Interpretation of the United Nations Convention on the Law of the Sea”, Washington International Law Journal, Vol. 7, No. 1, 1998.
Peter Tillman, “The Strait of Oil Pollution in the Malacca Strait: Arguing for A Broad Interpretation of the United Nations Convention on the Law of the Sea”, Pacific Rim Law and Policy Journal, Vol. 7, No. 1, 1998.
Tarana Mirzayeva, “The Role of Azerbaijan Oil in Nobel Brothers Life”, European Scientific Journal, Vol.2, 2013.
Waseem Ahmad Qureshi, “The Crisis in Yemen: Armed Conflict and International Law”, North Carolina Journal of International Law, Vol. 45, No. 1, 2020.
Laman Internet
Ahmed Kulaib, “A Rusting Oil Tanker Off the Coast of Yemen Is an Environmental Catastrophe Waiting to Happen. Can Anyone Prevent It?, Time Online Magazine, 14 May 2021, https://time.com/6048436/fso-safer-yemen-oil-tanker-disaster/, diakses pada 12 Juni 2022
Christina Lu, “Yemen is Sitting on a Time Bomb Bigger than the Exxon Valdez”, Foreign Policy Report, 10 May 2022, https://foreignpolicy.com/2022/05/10/yemen-oil-tanker-spill-fso-safer-disaster/, diakses pada 9 Juni 2022
David Gressly, “Yemen: UN Launches Crowdfunding Campaign to Head Off Decaying Oil Tanker Threat”, UN News, 13 June 2022, https://news.un.org/en/story/2022/06/1120302, diakses pad 15 Juli 2022
Marcos A Orellana, “FSO Safer: The Ageing Oil Tanker is A Time Bomb on Yemen’s Coast”, Al Jazeera Environment News, 10 May 2022, https://www.aljazeera.com/opinions/2022/5/10/fso-safer-the-ageing-oil-tanker-is-a-time-bomb-on-yemens-coast, diakses pada 7 Juni 2022
Shamseer Mambra. “The Complete Story of the Exxon Valdez Oil Spill”. Marine Insight, 23 November 2020, https://www.marineinsight.com/maritime-history/the-complete-story-of-the-exxon-valdez-oil-spill/, diakses pada 6 Juni 2022

Legal Documents:
The Nairobi International Convention on the Removal of Wrecks, 18 May 2007 (entered into force on 14 April 2015)
International Convention for the Prevention of Pollution from Ships 1973 as has been modified by the Protocol of 1978 (MARPOL 73/78),1973.

Charter of the United Nations, 24 October 1945, 1 U.N.T.S. XVI (entered into force on 24 October 1945)
United Nations Convention on the Law of the Sea, 10 December 1982, U.N.T.S (entered into force on 16 November 1994)