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| | RedOrbit - Science - Capri Marine Ltd. V. Chief State Prosecutor |
 | | In considering the question of Sweden's jurisdiction-as a matter of international law-to impose the pollution fees, the Supreme Court noted that, under Article 217(4) of the LOS Convention, it is the flag state that initially has the responsibility for investigating violations by its vessels and, if appropriate, for instituting proceedings. |
 | | According to the Court, the law's requirement of charging the owner or operator of the ship- instead of charging the person who is actually responsible for the discharge-supports the conclusion that actual contact with, and inspection or detention of, the vessel in the EEZ is not necessary for imposing a water pollution fee. |
 | | As of that date, however, Swedish jurisdiction was extended by chapter 10, sections 10-11, of the Water Pollution Act to cover such crimes, with certain limitations that reflect relevant provisions of the LOS Convention. |
| www.redorbit.com /news/display?id=184270&source=r_science (2988 words) |
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