SHIP-TO-SHIP (STS) OIL TRANSFER OPERATIONS: AN ANALYSIS OF COASTAL STATE JURISDICTION IN THE EXCLUSIVE ECONOMIC ZONE AND THE BRAZILIAN POSITION

Abstract

Defining jurisdiction to regulate and control ship-to-ship (STS) oil transfer operations in an Exclusive Economic Zone (EEZ) poses a complex legal challenge, requiring a structured and methodologically grounded analysis. This study adopts a qualitative doctrinal legal methodology based on: (i) systematic interpretation of primary sources of international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS) and MARPOL Annex I, Chapter 8; (ii) analysis of relevant case law from the International Tribunal for the Law of the Sea (ITLOS), including the M/V Saiga, Virginia G, and San Padre Pio cases; and (iii) examination of State practice and Brazilian domestic regulation, including administrative and maritime authority norms. The research also employs a comparative and critical approach to assess the interaction between international legal standards and national regulatory frameworks. This study focuses on jurisdictional powers of coastal States over STS operations in EEZs and how Brazil addresses this issue. It concludes that international law does not confer unrestricted jurisdiction based on sovereignty, nor does it grant flag States the same freedoms in the EEZ as on the high seas. Regarding Brazil, the study finds that its regulatory framework generally aligns with acceptable principles of international law and practice, except regarding the extension of regulatory authority to STS operations conducted on the high seas under the concept of Brazilian Jurisdictional Waters (BJW). In this context, Brazil must maintain a robust legal justification grounded in international law to sustain this position.