Competing Norms in the Law of Marine Environmental Protection

Name: Competing Norms in the Law of Marine Environmental Protection | Focus on Ship Safety and Pollution Prevention
Brand: Kluwer Law International
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Focus on Ship Safety and Pollution Prevention

Henrik Ringbom(Editor)

Kluwer Law International (Publisher)

Published on 1. October 1997

286 pages

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978-90-411-7734-6 (ISBN)

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Cover
Half Title Page
Editorial Board
Title Page
Copyright Page
Table of Contents
Acknowledgements
Abbreviations
1. Introduction
2. The Relationship between International Navigation Rights and Environmental Protection: A Legal Analysis of Mandatory Ship Traffic Systems
1 INTRODUCTION
1.1 Coastal State Challenges to International Navigation Rights and Maritime States' Responses
1.2 The Development of International 'Traffic' Services and Regulations
1.3 Recent International Moves Towards Increased Provision for Mandatory Traffic Systems
2 THE SOLAS AMENDMENTS
2.1 New SOLAS Regulation V/8-1, on 'Ship Reporting Systems'
2.2 Compulsory VTS?
2.3 New SOLAS Regulation V/8, on 'Ships' Routeing
3 MANDATORY SYSTEMS PROPOSED UNDER THE SOLAS AMENDMENTS
3.1 Ship Reporting Systems
3.2 Ships' Routeing Systems
4 THE LEGAL ADEQUACY OF THE SOLAS AMENDMENTS
5 FUTURE IMPLICATIONS
3. The Status of Environmental 'Soft Law': Trends and Examples with Special Focus on IMO Norms
1 INTRODUCTION
1.1 Emphasis on Treaties in the Early Regulatory Process
1.2 IMO's Use of Conventions and Other Instruments
1.3 Impact on IMO of Instruments Emerging from Public International Law Processes
1.4 The UNCHE 1972 and UNCED 1992
2 INTERNATIONAL LAW AND THE LAW-MAKING PROCESSES: THEIR RELATION TO IMO LAW-MAKING PROCESSES
3 IMO'S ROLE IN DEVELOPING NORMS TO PROTECT THE MARINE ENVIRONMENT
3.1 IMO Strategy for Protecting the Marine Environment
3.2 IMO Strategy for Development of and Implementation of Maritime Law
4 THE CORPUS OF IMO 'SOFT LAW' AND ITS SIGNIFICANCE
4.1 Problems of its Identification
4.2 Technical Treaties, Regulations and Standards
4.3 Treaties and Instruments Establishing Legal Norms
4.4 Non-Treaty Instruments
4.5 IMO Codes
5 PROGRESS OF IMO IN APPLYING EMERGING NORMS FROM A POST-UNCED PERSPECTIVE
5.1 UNCED, IMO Conventions and the Precautionary Principle
5.2 IMO and the Concept of Particularly Sensitive Sea Areas ('PSSAs')
6 CONCLUSIONS
4. The ILA Survey on Coastal State Jurisdiction with Special Reference to Regional Rules
1 INTRODUCTION
2 THE INTERNATIONAL LAW ASSOCIATION
2.1 Origin
2.2 Structure
2.3 Method of Work
2.4 Representative Character of the Committees
3 WORK SO FAR ACCOMPLISHED
3.1 Form
3.2 Substance
4 REGIONAL RULES
Mandatory Ship Reporting
4.2 Generally Accepted International Rules and Standards
5 CONCLUSIONS
ANNEX I ILA COMMITTEE ON COASTAL STATE JURISDICTION RELATING TO MARINE POLLUTION
5. The Basel Convention and the UN Convention on the Law of the Sea
1 BACKGROUND, PRINCIPLES AND PROVISIONS OF THE BASEL CONVENTION
2 'AREA UNDER THE NATIONAL JURISDICTION OF A STATE'
3 THE RIGHTS OF PASSAGE AND THE RIGHTS OF A TRANSIT COUNTRY
3.1 'State of Transit'
3.2 UNCLOS
3.3 Regional Agreements
3.4 Recent State Practice
4 OTHER ISSUES RELATING TO HAZARDOUS WASTES AND MARITIME TRANSPORT
4.1 Wastes Deriving from Normal Operations of Ships
4.2 Other Questions Relating to Maritime Transport of Hazardous Waste
5 CONCLUSIONS
6. Protection of the Marine Environment of the North Sea: The 'Russian Doll' Effect
1 INTRODUCTION
2 DUMPING IN THE NORTH SEA AS AN EXAMPLE OF THE RUSSIAN DOLL EFFECT
2.1 Three Arrangements
2.2 Relationships
3 OTHER ASPECTS OF MARINE ENVIRONMENTAL PROTECTION IN THE NORTH SEA
3.1 The Paris Commission
3.2 The European Union
3.3 First Scenario
3.4 Second Scenario
4 CONCLUSIONS
7. Global and Regional Port State Regimes
1 INTRODUCTION
2 DEVELOPMENT OF THE 'PORT STATE ENFORCEMENT' REGIME
2.1 Early Developments
2.2 The United Nations Law of the Sea Convention
2.3 Evaluation of the Global Port State Regime in UNCLOS
3 INDIVIDUAL PORT STATE CONTROL
4 REGIONAL REGIMES FOR PORT STATE CONTROL
4.1 Paris Memorandum of Understanding
4.2 Organizational Structure under the Memorandum
4.3 Inspection Procedures
4.4 Inspection of 'Non-Convention' Vessels
4.5 Enforcement Powers
4.6 Inspection Results
4.7 Assessment
5 OTHER REGIONAL AGREEMENTS
6 CONCLUSIONS
8. EU Policies Concerning Ship Safety and Pollution Prevention Versus International Rule-Making
1 INTRODUCTION
2 JUSTIFICATIONS FOR APPROPRIATE EUROPEAN ACTION
2.1 The Competitive Advantages of Operating Sub-Standard Shipping
2.2 Safe Seas and Clean Oceans: an Objective Not a Reality
2.3 The International Maritime Organization: a 'Technical' UN Agency?
2.4 The Treaty on European Union: from an Economic Treaty towards a Social Treaty
2.5 Incentives for a European Policy
3 THE EUROPEAN MARITIME SAFETY PROGRAMME
3.1 A Policy and a 'Point of No Return'
3.2 The Four Pillars of the Common Policy on Safe Seas
3.3 The Action Programme and its Implementation in 1991-1996
4 REVIEW OF THE EXISTING EC LEGISLATION
4.1 The Free 'Transfer of Ships'
4.2 A Basis for a Radionavigation Policy
4.3 Reporting Obligations on Ships Involved in the Carriage of Dangerous Cargoes
4.4 Incentives for Tankers with Segregated Ballast Tanks
4.5 Common Rules and Standards for Maritime Administrations and Classification Societies
4.6 A Minimum Level of Training and Communication for Seafarers
4.7 Harmonized Rules for Efficient Port State Control
4.8 A Safety Policy to Be Applied by All Ro-Ro Ferry Companies and Ro-Ro Ferries Involved in a Regular Service to or from EC Ports
4.9 Use of 'Safety Approved' Marine Equipment and Free Movement of Such Equipment within the Community
4.10 Harmonized Safety Rules for All Passenger Ships Flying the Flag of a Member State
5 COMPLETION OF THE ACTION PROGRAMME AND REORIENTATION OF THE PRIORITIES
6 NEW RESPONSIBILITIES FOR IMO
7 CONCLUSION
9. The External Competence of the Community with Regard to the Law of Marine Environmental Protection: The Frail Legal Support for Grand Ambitions
1 INTRODUCTION
2 THE EVOLVING EXTERNAL AMBITIONS OF THE COMMUNITY
3 SCENARIOS FOR THE EVOLUTION OF THE EXTERNAL ACTIVITIES OF THE COMMUNITY
4 PRE-EMPTION OF MEMBER STATE ACTION
5 THE CONCEPT OF NECESSITY
6 THE PRINCIPLE OF COOPERATION
7 FINAL OBSERVATIONS
10. Regional Safety Standards for Ro-Ro Passenger Ferries - Some Legal Concerns
1 INTRODUCTION
2 1993 TORREMOLINOS PROTOCOL
2.1 Background
2.2 Considerations in the Legal Committee
2.3 Conclusions
3 REGIONAL STANDARDS FOR RO-RO PASSENGER FERRIES
3.1 Introduction
3.2 Damage Stability of Existing Ships
3.3 The President's Proposal
3.4 Outcome of the Conference
Resolution on Regional Agreements
3.5 The Stockholm Agreement
4 CONCLUSIONS
11. Residual Jurisdiction under IMO Regulatory Conventions
1 INTRODUCTION
2 RESIDUAL JURISDICTION UNDER IMO REGULATORY CONVENTIONS
3 LIMITATIONS ON RESIDUAL JURISDICTION
4 REGIONAL APPROACHES
5 TRADE ASPECTS
6 CONCLUSIONS
12. Regional Arrangements and Third State Vessels: Is the Pacta Tertiis Principle Being Modified?
1 INTRODUCTION
2 VESSEL SAFETY AND MARITIME POLLUTION PREVENTION: IS THERE RELEVANT STATE PRACTICE EVINCING A MODIFICATION OF THE PACTA TERTIIS PRINCIPLE?
3 IS THE LAW OF THE SEA CONVENTION RES INTER ALIOS ACTA FOR THIRD STATES?
4 TOWARDS A PROPER VIEW OF THE NORMATIVE REACH OF UNCLOS
5 EVALUATION AND CONCLUSIONS
13. UNCLOS, the Marine Environment and the Settlement of Disputes
1 INTRODUCTION
2 THE UNCLOS DISPUTE SETTLEMENT SCHEME
2.1 Freedom to Choose the Method of Settlement
Binding Compulsory Settlement
2.3 Choice of Forum for Compulsory Jurisdiction
3 MATTERS NOT FALLING WITHIN COMPULSORY JURISDICTION UNDER THE CONVENTION
3.1 EEZ Disputes
3.2 Maritime Boundary Disputes
3.3 Compulsory Jurisdiction in Practice
4 CONSENSUAL JURISDICTION AND DISPUTES RELATING TO THE MARINE ENVIRONMENT
5 AN ASSESSMENT OF UNCLOS AND ITS IMPLICATIONS FOR ENVIRONMENTAL DISPUTES
5.1 The Role of Compulsory Dispute Settlement in UNCLOS
5.2 Dispute Avoidance and Environmental Treaties
5.3 ITLOS and the Environment
Index
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Competing Norms in the Law of Marine Environmental Protection

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