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Environmental Norms In Maritime Law
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Book Synopsis Environmental Norms in Maritime Law by : Tsimplis, Michael
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.
Book Synopsis Competing Norms in the Law of Marine Environmental Protection by : Henrik Ringbom
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.
Book Synopsis Research Handbook on International Marine Environmental Law by : Rosemary Rayfuse
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 2023-01-20 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Environmental Rule of Law for Oceans by : Froukje Maria Platjouw
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: A forward-looking perspective on how law should evolve to better protect and preserve our oceans.
Book Synopsis Shipping and the Environment by : Colin De La Rue
Download or read book Shipping and the Environment written by Colin De La Rue and published by CRC Press. This book was released on 2015-06-03 with total page 1358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first edition of this book was quickly acclaimed as the new leading text worldwide on the law and practice of pollution from ships. The second edition deals with a variety of developments since then in this fast-moving subject: the Erika and the Prestige; changes in international law on maritime safety and compensation; latest decisions on claims for compensation; analysis of the SCOPIC regime; new material on ports of refuge, transboundary movements, and pollution from offshore craft; latest cases and regulatory changes in the US; and enlarged chapters on enforcement of laws and criminal sanctions. Like its predecessor, the second edition is superbly indexed and written clearly with the needs in mind of a wide international readership.
Book Synopsis Marine Pollution, Shipping Waste and International Law by : Gabriela Argüello
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.
Book Synopsis Shipping and the Environment by : Colin de la Rue
Download or read book Shipping and the Environment written by Colin de la Rue and published by Taylor & Francis. This book was released on 2022-12-30 with total page 2443 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Enforcing International Maritime Legislation on Air Pollution Through UNCLOS by : Jesper Jarl Fanø
Download or read book Enforcing International Maritime Legislation on Air Pollution Through UNCLOS written by Jesper Jarl Fanø and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Shipping Industry, Ocean Governance and Environmental Law in the Paradigm Shift by : Tafsir Johansson
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 127 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.
Book Synopsis The Environmental Law of the Sea by : Douglas M. Johnston
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:
Book Synopsis The Precautionary Principle in Marine Environmental Law by : Bénédicte Sage-Fuller
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 297 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 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.
Book Synopsis International Marine Environmental Law by : Andree Kirchner (jurist.)
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
Book Synopsis The IMLI Manual on International Maritime Law by : David Joseph Attard
Download or read book The IMLI Manual on International Maritime Law written by David Joseph Attard and published by . This book was released on 2016 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third of a three-volume set that brings together the law of the sea, shipping law, maritime environmental law, and maritime security law. This first part of volume III discusses how to protect the marine environment from pollution, and the second part is dedicated to maritime security law.
Book Synopsis State Responsibility and the Marine Environment by : Brian D. Smith
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.
Book Synopsis The Stockholm Declaration and Law of the Marine Environment by : Myron H. Nordquist
Download or read book The Stockholm Declaration and Law of the Marine Environment written by Myron H. Nordquist and published by Martinus Nijhoff Publishers. This book was released on 2003-01-01 with total page 488 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.
Book Synopsis Vessel-source Marine Pollution by : Alan Khee-Jin Tan
Download or read book Vessel-source Marine Pollution written by Alan Khee-Jin Tan and published by . This book was released on 2005 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
