Such a move would avert the need to crisis manage marine oil pollution disasters. It would open up a greater range of alternative solutions, which could be deployed to prevent and tackle each problem as it arises within the scope of a marine oil spill. The second major legal issue that needs to be addressed is the question of liability for the spill itself. Treasure sank within South Africa's territorial waters. South Africa has claimed a territorial sea of 12 nautical miles under the Territorial Waters Act.
Territorial waters are the most important maritime zone.
Within it, a coastal state may exercise complete sovereignty. An exception exists for foreign vessels which have a right of innocent passage through the territorial sea. Should the owners of Treasure settle in full and without conflict, the South African courts will 'miss' an opportunity to evolve a legal precedent concerning liability for environmental disasters caused by foreign vessels. Thus far, the majority of legal cases concerning pollution in South Africa have been settled out of court. As a result, South African environmental legislation has yet to be truly tested in the courts.