一枚名为FSO安全的“定时炸弹”:国际海洋法视角下的环境影响与国家责任

Gregory Joshua Manogar
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摘要

石油泄漏是许多常见的环境灾难之一。许多溢油事故给世界各国和企业造成了巨大的损失,最重要的是造成了不可挽回的严重环境破坏。目前,一艘名为FSO Safer的也门船只被困在也门外海岸5英里处。这艘船的储油库装载了大约100万桶原油,不幸的是,这艘船目前状况不佳,不稳定,这可能会造成历史上最大的超级油轮溢油灾难,甚至比埃克森瓦尔迪兹号灾难还要严重。包括联合国成员国在内的世界各国都在寻找立即减轻灾难的替代方案,因为也门政府目前正与胡塞武装发生武装冲突,资源非常有限。本文将分析,哪个国家将受到这一迫在眉睫的危险的影响,谁应该对这场灾难负责,以及围绕也门政府的特殊情况是否可能解除他们作为一个国家的责任。本文发现,这一迫在眉睫的灾难将影响到位于红海地区的大多数国家,根据1982年《联合国海洋法公约》,应对这一迫在眉睫的灾难的责任被赋予了所有受影响的国家,也门也不例外。由联合国和也门政府发起的国际运动必须立即采取行动,防止灾难发生。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A “Ticking Bomb” Named FSO Safer: Environmental Impact and State Responsibility under the View of International Law of the Sea
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.
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