Regulating Vessel Discharges on the International and EU Level


Book Description

In Regulating Vessel Discharges on the International and EU Level, Alexander Proelss and Valentin J. Schatz use the examples of scrubber washwater, sewage and ballast water to offer a detailed analysis of the regulation of marine and freshwater pollution caused by discharges from vessels.




Research Handbook on International Marine Environmental Law


Book Description

This wholly new edition of the Handbook provides an authoritative examination of international law relating to the protection of the marine environment. Chapters critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. This title contains one or more Open Access chapters.




Guidelines for the Implementation of MARPOL


Book Description

The Marine Environment Protection Committee (MEPC) of IMO, at its sixty-second session in July 2011, adopted the Revised MARPOL Annex V, concerning Regulations for the prevention of pollution by garbage from ships, which enters into force on 1 January 2013. The associated guidelines which assist States and industry in the implementation of MARPOL Annex V have been reviewed and updated and two Guidelines were adopted in March 2012 at MEPC's sixty-third session. The 2012 edition of this publication contains: the 2012 Guidelines for the implementation of MARPOL Annex V (resolution MEPC.219(63)); the 2012 Guidelines for the development of garbage management plans (resolution MEPC.220(63)); and the Revised MARPOL Annex V (resolution MEPC.201(62)).




Port State Jurisdiction and the Regulation of International Merchant Shipping


Book Description

This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states’ attempts to regulate aspects of a vessel’s structure or equipment, or even certain activities that may take place before a vessel’s arrival in port. The author argues that examples of unilateral measures being imposed by way of port state jurisdiction are growing, and that without active protests from flag states this concept will continue to expand in scope. As international law currently presents very few restrictions on the actions of ambitious port states, such developments may have a significant impact on the future of international maritime regulation.​




Ocean Law Debates


Book Description

The UN Convention on the Law of the Sea (UNCLOS), signed in 1982 and going into force in 1994, was the product of intensive international debates from the 1950s onward. UNCLOS continues to be the subject of vital debates on new initiatives that seek to clarify or expand the scope of the ocean regime. In Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead, distinguished authors analyze the content of these debates, providing both historical perspectives and keen analyses of present-day issues. Several chapters focus on the contributions to debates over half a century’s time by the Law of the Sea Institute, including the controversies involving maritime delimitation issues, creation of marine fisheries law, and responses to the manifold challenges posed by dramatic advances in science and technology. Complementing these historical perspectives, a section of five chapters offers critical discussion of today’s movement to create a regime to sustain biodiversity in the Area Beyond National Jurisdiction. Finally, the volume offers diverse perspectives on the implementation and judicial interpretation of UNCLOS, international whaling regulation, Arctic regional issues, seabed mining problems, the geopolitics of Marine Protected Area declarations, and the role of the IMO in responding to climate change.




Stemming the Tide


Book Description

The European zebra mussel in the Great Lakes, a toxic Japanese dinoflagellate transferred to Australia--such biologically and economically harmful stowaways have made it imperative to achieve better management of ballast water in ocean-going vessels. Stemming the Tide examines the introduction of nonindigenous species through ballast water discharge. Ballast is any solid or liquid that is taken aboard ship to achieve more controlled and safer operation. This expert volume Assesses current national and international approaches to the problem and makes recommendations for U.S. government agencies, the U.S. maritime industry, and the member states of the International Maritime Organization. Appraises technologies for controlling the transfer of organisms--biocides, filtration, heat treatment, and others --with a view toward developing the most promising methods for shipboard demonstration. Evaluates methods for monitoring the effectiveness of ballast water management in removing unwanted organisms. The book addresses the constraints inherent in ballast water management, notably shipboard ballast treatment and monitoring. Also, the committee outlines efforts to set an acceptable level of risk for species introduction using the techniques of risk analysis. Stemming the Tide will be important to all stakeholders in the issue of unwanted species introduction through ballast discharge: policymakers, port authorities, shippers, ship operators, suppliers to the maritime industry, marine biologists, marine engineers, and environmentalists.




Marine Anthropogenic Litter


Book Description

This book describes how man-made litter, primarily plastic, has spread into the remotest parts of the oceans and covers all aspects of this pollution problem from the impacts on wildlife and human health to socio-economic and political issues. Marine litter is a prime threat to marine wildlife, habitats and food webs worldwide. The book illustrates how advanced technologies from deep-sea research, microbiology and mathematic modelling as well as classic beach litter counts by volunteers contributed to the broad awareness of marine litter as a problem of global significance. The authors summarise more than five decades of marine litter research, which receives growing attention after the recent discovery of great oceanic garbage patches and the ubiquity of microscopic plastic particles in marine organisms and habitats. In 16 chapters, authors from all over the world have created a universal view on the diverse field of marine litter pollution, the biological impacts, dedicated research activities, and the various national and international legislative efforts to combat this environmental problem. They recommend future research directions necessary for a comprehensive understanding of this environmental issue and the development of efficient management strategies. This book addresses scientists, and it provides a solid knowledge base for policy makers, NGOs, and the broader public.




Port State Control


Book Description

Port State Control, Second Edition is a comprehensive publication dealing with the full implications and regulations of port State control. It provides a detailed analysis of the legal framework relating to port State control, including the most recent developments in this area. It covers not only the regional agreements on port State control and the EU legislation on this subject but also the background of the port State control process, its implications in practice and its effect on the ISM Code and the classification societies. The book covers topics such as: Amendments and changes to the regional port state control systems The addition of an appeal procedure to the Paris MOU Issues related to the ports of refuge and the urgency for authorities to draw up appropriate plans for places of refuge following the recent incidents The ISPS Code for maritime security in the light of newly recognised vulnerability against terrorist attacks Update to Equasis Progress with Qualship regime under US Port State Control system. This book will be an invaluable reference tool for shipping lawyers around the world.




Beyond Territoriality


Book Description

This book traces the evolution of transnational legal authority in the course of globalization. Representative case studies buttress its conclusion that today transnational authority is multifaceted, a phenomenon that renders unreliable the concepts of territoriality/extraterritoriality as global governance markers.




The Legal Regulation of Environmental Crime


Book Description

The Legal Regulation of Environmental Crime - The International and European Dimension provides a timely, comprehensive and holistic analysis of the international and EU legal frameworks aimed at tackling environmental crime. Bringing together a team of leading international and EU scholars with distinct expertise in environmental law and environmental criminal law, the volume discusses current reforms of environmental law at the international and EU levels.