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Environmental Norms In Maritime Law

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Environmental Norms In Maritime Law

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Author : Tsimplis, Michael
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-12-07

Environmental Norms In Maritime Law written by Tsimplis, Michael and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-07 with Law categories.

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.

Competing Norms In The Law Of Marine Environmental Protection

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Author : Henrik Ringbom
language : en
Publisher: Kluwer Law International B.V.
Release Date : 1997-10-01

Competing Norms In The Law Of Marine Environmental Protection written by Henrik Ringbom and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-10-01 with Law categories.

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.

Enforcing International Maritime Legislation On Air Pollution Through Unclos

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Author : Jesper Jarl Fanø
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-12-26

Enforcing International Maritime Legislation On Air Pollution Through Unclos written by Jesper Jarl Fanø and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-26 with Law categories.

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.

State Responsibility And The Marine Environment

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Author : Brian D. Smith
language : en
Publisher: Oxford University Press, USA
Release Date : 1988

State Responsibility And The Marine Environment written by Brian D. Smith and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Law categories.

Focusing on tank spills, waste dumping, and other damage affecting the seas, this book illustrates a set of international legal rules for determining a country's responsibility for environmental harm.

The Environmental Rule Of Law For Oceans

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Author : Froukje Maria Platjouw
language : en
Publisher: Cambridge University Press
Release Date : 2023-02-28

The Environmental Rule Of Law For Oceans written by Froukje Maria Platjouw and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-28 with Law categories.

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.

Research Handbook On International Marine Environmental Law

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Author : Rosemary Rayfuse
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-10-30

Research Handbook On International Marine Environmental Law written by Rosemary Rayfuse and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-30 with LAW categories.

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.

Vessel Source Marine Pollution

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Author : Alan Khee-Jin Tan
language : en
Publisher:
Release Date : 2005

Vessel Source Marine Pollution written by Alan Khee-Jin Tan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Marine pollution categories.

Analysing the regulation of vessel-source pollution from the perspective of the political interests of key players in the ship transportation industry, this 2005 book by Alan Khee-Jin Tan offers a comprehensive and convincing account of how pollution of the marine environment by ships may be better regulated and reduced. In this timely study, he traces the history of regulation at the International Maritime Organization (IMO) and investigates the political, economic and social forces influencing the IMO treaties. Also examined are the efforts of maritime states, ship-owners, cargo owners, oil companies and environmental groups to influence IMO laws and treaties. This is an important book, which uncovers the politics behind the law and offers solutions for overcoming the deficiencies in the regulatory system. It will be of great interest to professionals in the shipping industry as well as practitioners and students.

Shipping And The Environment

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Author : Colin de la Rue
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-30

Shipping And The Environment written by Colin de la Rue and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-30 with Law categories.

From the time it was first published in 1998, Shipping and the Environment has been the leading text on international and US law and practice in this field. Written by renowned legal and insurance practitioners with over 100 years of combined specialist experience, including first-hand knowledge of many major incidents, it is not only a comprehensive reference work but an abundant source of introductory material and practical insights, all explained with a clarity appreciated by lawyers and non-lawyers alike in a broad international readership. While updating its core subjects of pollution from ships, wreck removal and dumping at sea, this enlarged text extends into other modern areas including pollution from offshore operations after Deepwater Horizon, plastics released into the sea, recycling of vessels, polar operations, and the fast-changing restrictions on carbon emissions from ships, as well as safety threats such as cyberattacks, terrorism and modern forms of piracy. With a highly readable introductory chapter amounting to a book within a book, this is a volume of great importance to all whose work or studies are concerned with marine environmental affairs, whether in government, international bodies, industry, technical organizations, the professions, environmental NGOs, the academic world or other walks of life.

Vessel Source Marine Pollution

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Author : Alan Khee-Jin Tan
language : en
Publisher: Cambridge University Press
Release Date : 2005-12-22

Vessel Source Marine Pollution written by Alan Khee-Jin Tan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-22 with Law categories.

Coastal State Regulation Of International Shipping

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Author : Lindy Sue Johnson
language : en
Publisher:
Release Date : 2004

Coastal State Regulation Of International Shipping written by Lindy Sue Johnson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Coastwise shipping categories.

While much has been written on the navigation rights and freedoms set forth in the Law of the Sea Convention, this book takes a fundamentally different approach - by looking at international shipping from the perspective of coastal states and their desire to protect their resources and marine environment from damage by international shipping. As the potential risk of damage by shipping increases because of the increases in the volume and composition of ships and the varying array of cargo carried, coastal states' interest in protecting their resources and environment will only become more acute and they will seek to act. This work addresses the four major jurisdictional areas of most interest to coastal states: · the port · the territorial sea · the contiguous zone · the exclusive economic zone Three specific examples are used to illustrate the points raised in the discussion: ship strikes of the North Atlantic right whale, the unwanted transfer of harmful aquatic organisms and pathogens through discharges of ships ballast water, and wastewater discharges from cruise ships. The conflict between a coastal state's interest in regulating navigation off its coast and ship owners' interest in limiting such regulation is an old yet ongoing one. Coastal states have an obvious interest in participating in global trade and thus in shipping; however, this interest does not necessarily supersede their desire to regulate shipping in order to protect their resources and the marine environment. This book explores the significant changes that have taken place over the last two decades in the shipping industry and coastal states' interests. It reviews the provisions of the 1982 U.N. Law of the Sea Convention with regard to the actions a coastal state may take to regulate international shipping, while remaining within the boundaries of the Law of the Sea Convention and customary international law. This volume provides coastal states with guidance in protecting their interests and yet recognizes the rights and duties accorded to navigation interests by the treaty.

Environmental Norms In Maritime Law

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