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Christopher Greenwood QC and Hugh Mercer (instructed by Ince & Co) for the Claimants Clive Lewis and Nigel Cooper (instructed by The Treasury Solicitor) for the Defendant Hearing date: 7 June 2006 ____________________
The Directive applies to discharges of polluting substances from any ship irrespective of its flag, (article 3(2)) with the exception of warships and other government-owned ships.
Issue 1: Is it lawful to legislate independently of MARPOL for 3 rd country vessels on the high seas or in the EEZ?
Issue 2: Is it lawful for the EU to legislate for the territorial sea otherwise than in accordance with MARPOL?
Issue 3: Does the standard of liability of serious negligence in the Directive breach the right of innocent passage?
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Common Room
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