ABSTRACT
On March 2, 2000, the U.S. Supreme Court unanimously rejected certain Washington State regulations of oil tankers, clarified the federal interest in regulating interstate navigation, and remanded to lower courts certain other state regulations for a determination of their validity in light of the “considerable federal interest at stake.” On December 12, 1999, the oil tanker Erika broke up and caused over 10,000 tons of oil to wash up on France's coast. The ultimate impact of this incident, and the extent of the reaction of the European Community (EU), remains to be seen. These two events epitomize the ongoing international struggle between the benefits of uniformity and the political imperatives brought on by maritime casualties. This paper will discuss the impact of both. The Intertanko decision clarified that the United States is to speak with one voice on matters of foreign affairs and foreign policy, including international maritime affairs. The international implications of the case were of such great importance that fourteen foreign governments, including the United Kingdom, Norway, Greece, and Japan, filed an amicus brief urging the Supreme Court to overturn Washington State regulations on the grounds that the regulations at issue were incompatible with the principles of uniformity and reciprocity that have long been agreed by the United States and other maritime nations as key to adopting, implementing, and enforcing effective international standards and regulations for ships, including shipboard measures for protecting the marine environment.
This paper will first discuss the impact of the Intertanko decision on the role of individual states. It will then address the participation of foreign governments in the legal system of the United States to further international goals, including issues considered significant enough to compel fourteen governments to participate as amici in the Supreme Court's consideration of the case. It will also address the continuing threat to uniformity resulting from notorious spills, including the Erika disaster and the EU reaction thereto. Finally, the paper will suggest steps that must be taken at the International Maritime Organization (IMO) and other international bodies to ensure continuing preservation of uniform international regulation of shipping.