Download or read book Environmental Norms in Maritime Law written by Tsimplis, Michael and published by Edward Elgar Publishing. This book was released on 2021-12-07 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book examines the reform of maritime law under the influence of environmental principles and the effects of these changes in the legal relationships between maritime stakeholders. Providing an integrated assessment of the use of environmental principles in the governance of shipping and maritime law, it argues that normative barriers supported by short term financial interests, the balance of power between states and the technocratic character of the IMO are delaying necessary changes to support sustainable development and thus endanger the marine environment.
Download or read book Competing Norms in the Law of Marine Environmental Protection written by Henrik Ringbom and published by Kluwer Law International B.V.. This book was released on 1997-10-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The number of global instruments affecting the law of marine environmental protection--both `soft' and `hard' law--grows constantly. Regional organizations have become increasingly concerned with matters affecting traditional freedoms of the seas. As a result, the law in this area has rapidly expanded, often creating competing or conflicting rules. Competing Norms in the Law of Marine Environmental Protection contains edited versions of the papers presented at a conference in the andÅland Islands, Finland, in August 1996, convened by the Department of Law of andÅbo Akademi University, Finland. It provides a detailed examination of current legal issues relating to the variety of rules and rule-makers in the field of marine environmental protection. It then goes further, relating the recent developments to international law in a wider context. The legal regime regulating ship safety and pollution prevention provides an excellent illustration of contemporary trends of international law in general and of the law of the sea and international environmental law in particular.
Download or read book The Shipping Industry Ocean Governance and Environmental Law in the Paradigm Shift written by Tafsir Johansson and published by Springer. This book was released on 2014-11-21 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the corpus of status quo environmental legal regime, geographical issues and redundant “stakeholder claims,” which persist in the Arctic. It examines multifarious theories relating not only to conflicting and opposing interests, but also to parties to whom the shipping industry should be accountable. The unique aspect of this book is the Corporate Social responsibility analysis pertaining to the Arctic and alternatives that strike a balance between the increased commercialization of the shipping industry and the laws and concepts of ocean governance. The book relevantly puts forward the concept of “ocean governance” and to what extent it can be addressed in terms of the Arctic. What distinguishes this book from others is the fact that it is not limited to examining the effects of climate change and how it is reshaping the way scholars assume the Arctic will be in the near future. Rather it creates a transparent nexus between opposing claims and increasing commercial interests and proceeds to scrutinize the efforts of the Arctic Council and individual Arctic coastal states. In this context, the book follows a given equation based on initial theories and how the opposing claims and increasing commercialization side of the equation can be balanced with the appropriate legal norm. It also reflects on the critical aspects of “hard law and soft law” which are two opposite ends of the legal pole and core elements of any legal spectrum. The book, after reflecting on those two elements, finally proposes a new Arctic legal regime, which is intricate and detailed and is basically a hierarchy based on logic and reasoning. In doing so, it imports a pristine theory for a pristine territory.
Download or read book The Environmental Rule of Law for Oceans written by Froukje Maria Platjouw and published by Cambridge University Press. This book was released on 2023-02-28 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our oceans need a strong and effective environmental rule of law to protect them against increased pressures and demands, including climate change, pollution, fisheries, shipping and more. The environmental rule of law for oceans requires the existence of a set of rules and policies at multiple governance levels that appropriately regulate human activities at sea and ensure that pressures on the marine ecosystem are tackled effectively. Adhering to the rule of law through clear, predictable, coherent, and legitimate rules, and their implementation and enforcement, is timely and urgent. In this book, we are searching for ways to improve, strengthen and further develop the environmental rule of law for oceans. The book provides future-oriented perspectives on how law should evolve to better preserve the oceans. All chapters incorporate novel insights and ideas for legal solutions that might inspire scholars, actors, authorities, citizens and communities around the globe. This title is Open Access.
Download or read book Marine Pollution Shipping Waste and International Law written by Gabriela Argüello and published by Routledge. This book was released on 2019-07-22 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Waste management poses increasing challenges to both the protection of the environment and to human health. To face these challenges, this book claims that environmental law needs to shift attention from media-specific pollution regimes to integrative life-cycle approaches of waste management i.e., from the prevention of waste generation to the actual handling of wastes. Furthermore, the cooperation of States and the establishment of coordinated activities is essential because states can no longer have separate standards for wastes posing transboundary risks and for ‘purely domestic’ wastes. Drawing upon both International and EU law, the book provides a detailed analysis of the regimes set up to deal with the transboundary movement of wastes and ship-source pollution, so as to elucidate the obligations and legal principles governing such regimes. It concludes that treaty obligations concerning transboundary movements of wastes are inapplicable to ship wastes while on board ships and on land. However, despite the limitations of the transboundary movement of wastes regime, the principle of Environmentally Sound Management (ESM) embodied in this regime has gradually transformed into a legal principle. ESM works to address the legal gaps in the regulation of wastes, and consequently, it provides the desired coherence to the legal system since it acts as a bridge between several regulatory and sectoral levels. Furthermore, ESM offers a new light with which to understand and interpret existing obligations, and it provides a renewed impetus to regimes that directly and indirectly govern wastes. This impetus translates into greater coordination and the establishment of cross-sectional policies. By offering alternative ways to solve problems linked to the management of ship wastes in the sea-land interface, this book will appeal to anyone with an interest in International Environmental Law.
Download or read book Research Handbook on International Marine Environmental Law written by Rosemary Rayfuse and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative Handbook examines the current state of and the future challenges for international law in addressing the key activities that pose threats to the marine environment. It provides a critical analysis of, and constructive solutions for, the international legal regime for the protection of the marine environment and identifies areas of vital research need for the future. The in-depth chapters, written by emerging and established experts in their fields, explore the legal framework for protection of the marine environment and look at issues such as pollution, seabed activities, and climate change as well as discussing the protection of marine biodiversity and considering regional approaches to the protection of the marine environment. Each chapter goes beyond a survey of existing law to identify the shortcomings in the legal regime and areas of critical research needed to address these shortcomings. This timely book provides significant insights into contemporary issues surrounding the efficacy of the regime created by the 1982 Law of the Sea Convention and details the further work needed to ensure the design and implementation of effective regulation and management of human activities that affect the marine environment. Students and academics researching in the law of the sea and environmental law will find the Handbook central to their subject areas. The analyses and reform proposals are an invaluable resource for government and policy practitioners, as well as IGOs and NGOs involved in marine environmental issues.
Download or read book Enforcing International Maritime Legislation on Air Pollution through UNCLOS written by Jesper Jarl Fanø and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The IMLI Manual on International Maritime Law written by David Joseph Attard and published by Oxford University Press. This book was released on 2016-03-24 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume III is devoted to the marine environmental law and maritime security law. The first part of Volume III deals in depth with issues of most fundamental importance in the contemporary world, namely how to protect the marine environment from pollution from ships, land-based sources, seabed activities, and from or through air. In explaining these types of pollution, various conventions concluded under the auspices of the IMO (such as MARPOL 73/78 and the 1972 London Convention) and soft law documents are analysed. The volume also includes chapters on the conventions relating to pollution incident preparedness, response, cooperation, and the relevance of regional cooperation. It additionally discusses liability and compensation for pollution damage. The second part of volume III examines an issue of increasing importance in a world threatened by terrorism, piracy, and drug-trafficking. Chapters in this part cover the topics of piracy; stowaways; human trafficking; illicit drugs; terrorism; military uses of the sea; and new maritime security threats, such as the illegal dumping of hazardous wastes and toxic substances, as well as illegal, unreported, and unregulated fishing.
Download or read book The Environmental Law of the Sea written by Douglas M. Johnston and published by . This book was released on 1981 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pollution at Sea written by Baris Soyer and published by Taylor & Francis. This book was released on 2013-06-07 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sharp, informed and thoroughly practical guide to contemporary and developing issues relating to sea pollution, prepared by leading academics and practitioners with everyday hands-on experience. Pollution at Sea focuses on a number of the vital private law issues – compensation, insurance, contract and tort – thrown up by contemporary developments in the law of pollution. The book also intends to offer a critical analysis on emerging public law concepts, such as the legal position of seafarers from the perspective of criminal law in cases of pollution and the impact of port state control as a pollution control mechanism. Pollution at Sea is divided into three parts: 1. Private Law Liability Regimes 2. Rights and Liabilities of Particular Parties 3. The Impact of Public Law on the Actors Concerned In part 1; various liability regimes are dissected, including those which have been under the spotlight in recent years. This section has particular international appeal, and many of the regimes discussed are based at least in part on international conventions, agreements or practices. In part 2; the impact of pollution at sea on third parties is considered, with respect to the legal position of parties that might be perused either by the victims of pollution incidents or in some cases by the parties liable by way of a recourse action. Finally in part 3; recent relevant developments, particularly in the realm of public law are covered.
Download or read book International Marine Environmental Law written by Andree Kirchner (jurist.) and published by . This book was released on 2003 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with institutions, implementation and innovations in the field of international marine environmental law. It discusses some controversial legal aspects of the marine environment in the context of UNCLOS, as a framework for national, regional and global action in the marine sector. The purpose of this work is to faithfully report scientific expertise, legal insight and policy wisdom presented by the speakers and participants at the Conference. The book identifies major aspects of the current situation and possible future developments in a critical way. Among the key issues covered are implementation and enforcement of environmental conventions; the avoidance, prevention and settlement of disputes; and, liability and compensation for environmental damage. Also included are several articles which discuss the role of the main institutions in this field within the UN system. This volume is based on contributions made at the International Conference on Marine Environmental Law (ICMEL), held by the GAUSS Institute in Bremen, Germany. There is a companion website, specially created to work alongside the texts. A selected bibliography, documents, conventions and links connected to the contents of the book are included to provide an updated and comprehensive resource for the reader: www.andreekirchner.de/imel
Download or read book State Responsibility and the Marine Environment written by Brian D. Smith and published by . This book was released on 1988 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on damage affecting the seas--tank spills, for example, or the dumping of wastes--this book seeks to identify and illustrate a set of international legal rules for determining if and when a country should be held responsible for environmental harm.
Download or read book Protecting the Oceans Beyond National Jurisdiction written by Robin Warner and published by BRILL. This book was released on 2009-02-23 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Knowledge of the marine environment beyond national jurisdiction and its unique biodiversity is still developing. Simultaneously, traditional uses of these areas including fishing and shipping, are intensifying and new uses are emerging such as bio-prospecting for marine genetic resources and climate change mitigation activities. This volume examines the threats to the marine environment beyond national jurisdiction from existing and emerging human uses and the adequacy of current international law provisions to protect this major part of the global environment. An analysis of key provisions in the 1982 United Nations Law of the Sea Convention and complementary principles of international environmental law reveals significant tensions between the concept of high seas freedoms and the international law obligation to protect and preserve the marine environment beyond national jurisdiction. The book compares the lack of comprehensive environmental regulation for marine resource exploitation and shipping activities beyond national jurisdiction with the best practice standards for environmental protection being developed by the International Seabed Authority for deep seabed mining exploration. Recent initiatives by the international community to study issues relating to conservation of high seas biodiversity are discussed and a range of soft and hard law options to strengthen the international law framework for protection of the marine environment beyond national jurisdiction are considered.
Download or read book The Precautionary Principle in Marine Environmental Law written by Bénédicte Sage-Fuller and published by Routledge. This book was released on 2013-07-18 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines whether the jurisdiction of coastal States under international law can be extended to include powers of intervention towards vessels posing a significant risk to their coastal and marine environment, but which have not yet been involved in any incident or accident. The books sets out how it is that coastal State jurisdiction can indeed be seen as including powers of intervention towards High Risks Vessels before an incident or accident happens, on the basis of the precautionary principle. The precautionary principle requires taking action when a risk of damage to the environment is suspected, but cannot be confirmed scientifically.The book thus considers the potential opportunities for the coastal state under international law to regulate international shipping where they consider vessels to an unacceptable risk to the environment, in order to prevent or minimise the risk of occurrence of the accident or incident leading to damage. The book acknowledges that this puts into question some very old and established principles of the law of the sea, most importantly the principle of freedom of navigation. But Bénédicte Sage-Fuller contends that this change would itself be a consequence of the evolution, since the end of WWII, of on the one hand international law of the sea itself, and of international environmental law on the other hand.
Download or read book The Stockholm Declaration and Law of the Marine Environment written by Myron H. Nordquist and published by BRILL. This book was released on 2021-10-18 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays commemorates the Thirtieth Anniversary of the 1972 Stockholm Declaration on the Human Environment. The opening presentation is by the distinguished former Foreign Minister of Sweden, Dr. Hans Blix, a primary author of the Stockholm Declaration. A second keynote abstract is by Professor Bjorn Lomborg, the renowned author of The Skeptical Environmentalist. The third keynote essay is by the United Nations Under Secretary-General of Legal Affairs, Hans Correl. The remainder of the volume includes contributions by six judges from the International Tribunal for the Law of the Sea, the Secretary-General of the International Seabed Authority, senior representatives from the Food and Agriculture Organization, International Maritime Organization, World Bank, Swedish Foreign Ministry and United States Department of State along with 25 professors and environmental law experts from 15 countries. The collection provides a comprehensive, in-depth review of the historic achievement as well as current relevance of the 1972 Stockholm Declaration as a landmark achievement in international environmental law.
Download or read book The European Community and Marine Environmental Protection in the International Law of the Sea written by Veronica Frank and published by BRILL. This book was released on 2007-09-30 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Community and its member states have shared competences in marine environmental matters. As a consequence, they have jointly acceded to the United Nations Convention on the Law of the Sea (LOSC) and most marine-related international agreements, which have been concluded in form of “mixed agreements”. This book looks at the manner in which the Community implements its international obligations in the specific fields of the prevention of oil pollution from ships, the regulation of ocean dumping and the protection of marine habitats through the establishment of Marine Protected Areas (MPAs), especially looking at the division of competence with the member states and the conformity of the Community’s regulatory action with the jurisdictional framework established by the LOSC. By examining the subject from both a law of the sea and EC law perspectives, the books offers a comprehensive and interesting picture of the action taken by the Community to preserve the European marine environment.
Download or read book Law of the Sea Environmental Law and Settlement of Disputes written by Tafsir Malick Ndiaye and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 1237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of international environmental law. The views from both scholars' and practitioners' perspectives presented in this volume will offer readers a number of outstanding intellectual synergies to reflect on the development of international law. It can provide both scholars and policy-makers alike with new insights on how to address pressing problems in international law, including ideas for improved institutional design. The work has been compiled in honour of Thomas A. Mensah and comprises 59 essays from leading scholars and practitioners in international law.
