Enforcing International Maritime Legislation on Air Pollution through UNCLOS


Book Description

This book explores the scope and applicability of the United Nations Convention on the Law of the Sea (UNCLOS), relating to the enforcement of international maritime legislation on air pollution. It focuses on enforcement of Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL Annex VI) and the strengthened global sulphur limit which comes into force in 2020. The first chapters in Part I provide an overall introduction to relevant regulations of MARPOL Annex VI, UNCLOS, Port State Control (PSC), the EU Sulphur Directive and basic jurisdictional principles of international law. Part II analyses the amplified enforcement and notifying obligations of UNCLOS chapter XII placed on flag States and the broadened jurisdictions for port and coastal States to enforce. This includes extraterritorial enforcement by port States on the high seas and how overlapping jurisdictions are resolved. These theoretical discussions on jurisdiction are tied to practical applications pertaining to PSC and sanctioning. Part III builds upon the conclusions of Part II in relation to the enforcement of other legislation adopted by the International Maritime Organization (IMO), including regulations on Greenhouse Gases (GHG) which the IMO is set to adopt through its GHG Strategy. Finally, with the increased environmental challenges relating to global warming, and given the special legal status of ships, Part IV offers an analysis of whether specific IMO regulations on GHG could, in the future, be considered peremptory norms of a 'jus cogens' character, and addresses the potential legal implications.




Enforcing International Maritime Legislation on Air Pollution Through UNCLOS


Book Description

Introduction -- The Regulation of Sulphur in MARPOL Annex VI -- UNCLOS -- Port State Control -- The EU and the Sulphur Directive Pertaining to UNCLOS -- Basic Jurisdictional Principles of International Law -- Protecting the Environment: UNCLOS Part XII -- Special Obligations of the Flag State: Article -- Special Jurisdiction for Coastal States: Article -- The Special Jurisdiction for Port States: Article -- Resolving Overlapping Jurisdiction: Article 228(1) -- Safeguards, Liability and the Settlement of Disputes -- Enforcement of Sulphur Regulations: Conclusion -- Enforcement of Existing IMO Regulations -- Enforcement of Regulatory Measures Relating to the IMO GHG Strategy -- Jus Cogens and Erga Omnes : General Description -- Whether Some International Environmental Norms Can be Considered Jus Cogens -- Future IMO Regulations on GHGs Considered Jus Cogens Norms -- Conclusion.




Saving the Oceans Through Law


Book Description

The oceans cover more than seventy per cent of the surface of the planet and they provide many vital ecosystem services. However, the health of the world's oceans has been deteriorating over the past decades and the protection of the marine environment has emerged as one of the most pressing legal and political challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. This book provides a critical assessment of the role that international law plays in this process, by explaining and evaluating the various legal instruments that have been negotiated in this area, as well as key trends in global ocean governance. Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book considers the main treaties and other legal texts that seeks to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, and land-based activities, as well as emerging pressures such as ocean noise and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues, beyond basic problems of pollution control to include the conservation of marine biological diversity and an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which states have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made in these matters, this book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.




The International Law of the Sea


Book Description

This new edition has been revised and updated to provide current and comprehensive coverage of essential issues of the international law of the sea in a systematic manner. This book presents two paradigms of the law of the sea: the law of divided oceans and the law of our common ocean. It covers contemporary issues, such as protection of the marine biological diversity, marine plastic pollution, the Arctic, and impacts of climate change on the oceans. Following the clear and accessible approach of previous editions, with many illustrations and tables, The International Law of the Sea continues to help students to best understand the law of the sea.




Change in the Law of the Sea


Book Description

This book provides new insights into how change occurs in international law, through a uniquely comprehensive analysis of the mechanisms that allow the 'old' treaty-framework of the UN Convention on the Law of the Sea to respond to changing circumstances.




The Lens of Ecological Law


Book Description

Containing an in-depth study of the emerging theory and core of ecological law, this book insightfully proposes a 'lens of ecological law' through which the disparity between current laws and ecological law can be assessed. The lens consists of three principles: ecocentrism, ecological primacy and ecological justice. These principles are used within the book to explore and analyse the challenges and opportunities related to the transition to ecological law and to examine three key mining case studies.




Maritime Security and the Law of the Sea


Book Description

Maritime security is of increasing importance in a world threatened by terrorism, piracy, and drug-trafficking. This book sets out and evaluates the legal framework regulating the use of force on the oceans, as well as challenges like illegal fishing and environmental damage. It suggests that more flexible rules are needed to safeguard the seas.




Maritime Spatial Planning


Book Description

This book is open access under a CC BY 4.0 license Maritime or marine spatial planning has gained increasing prominence as an integrated, common-sense approach to promoting sustainable maritime development. A growing number of countries are engaged in preparing and implementing maritime spatial plans: however, questions are emerging from the growing body of MSP experience. How can maritime spatial planning deal with a complex and dynamic environment such as the sea? How can MSP be embedded in multiple levels of governance across regional and national borders – and how far does the environment benefit from this new approach? This open access book is the first comprehensive overview of maritime spatial planning. Situated at the intersection between theory and practice, the volume draws together several strands of interdisciplinary research, reflecting on the history of MSP as well as examining current practice and looking towards the future. The authors and contributors examine MSP from disciplines as diverse as geography, urban planning, political science, natural science, sociology and education; reflecting the growing critical engagement with MSP in many academic fields. This innovative and pioneering volume will be of interest and value to students and scholars of maritime spatial planning, as well as planners and practitioners. Jacek Zaucha is Professor of Economics at Gdánsk University, Poland. He is long experienced in maritime spatial planning, and is currently leading the team preparing the first plan for Polish waters. Kira Gee is Research Associate at the Centre for Materials and Coastal Research (Helmholtz-Zentrum Geesthacht), Germany. She has been involved in MSP research and practice for over 20 years, and has participated in numerous national and transnational European MSP projects.







Managers of Global Change


Book Description

This title is an examination of the role and relevance of international bureaucracies in global environmental governance. After a discussion of theoretical context, reaserch design, and empiral methodology, the book presents nine in-depth case studies of bureaucracies.