Ship-to-ship (STS)
cargo transfer is recognized as an important operational procedure in the
maritime industry and this process, especially applied to large tankers, offers
various advantages as well as risks. The increase in cargo transfers has also
led to an increase in marine pollution and safety risks. International
regulations and standards such as MARPOL 73/78 stipulate various obligations
and procedures to improve the safety of these operations. These regulations
cover elements such as pre-operational plan approval, record keeping and
minimization of environmental impacts. In addition, liability, and compensation
obligations in case of accidents and environmental pollution are detailed to
resolve legal disputes between the parties. However, the increasing prevalence
and complexity of STS operations raise questions about the adequacy of the
existing regulations and in some cases lead to legal gaps. In this framework,
this study analyses the Falkonera case, one of the recent judicial decisions,
and discusses knock-for-knock indemnity provisions, which are frequently raised
in STS transfers.