Competing Norms In The Law Of Marine Environmental Protection

Competing Norms In The Law Of Marine Environmental Protection

Competing Norms In The Law Of Marine Environmental Protection

By Henrik Ringbom
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Kluwer Law International
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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 Åland Islands, Finland, in August 1996, convened by the Department of Law of Åbo 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.

ISBN: 9789041106995
SKU: 9041106995
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Acknowledgements, Abbreviations 1. Introduction Henrik Ringbom 2. The Relationship between International Navigation Rights and Environmental Protection: A Legal Analysis of Mandatory Ship Traffic Systems Glen Plant 1 Introduction 2 The SOLAS Amendments 3 Mandatory Systems Proposed under the SOLAS Amendments 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 Patricia Birnie 1 Introduction 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 4 The Corpus of IMO 'Soft Law' and its Significance 5 Progress of IMO in Applying Emerging Norms from a Post-UNCED Perspective 6 Conclusions 4. The ILA Survey on Coastal State Jurisdiction with Special Reference to Regional Rules Erik Franckx 1 Introduction 2 The International Law Association 3 Work So Far Accomplished 4 Regional Rules 5 Conclusions 5.The Basel Convention and the UN Convention on the Law of the Sea lwona Rummel-Bulska 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 4. Other Issues Relating to Hazardous Wastes and Maritime Transport 5. Conclusions 6. Protection of the Marine Environment of the North Sea: The 'Russian Doll' EtTect Stan Sadowski 1. Introduction 2. Dumping in the North Sea as an Example of the Russian Doll Effect 3. Other Aspects of Marine Environmental Protection in the North Sea 4. Conclusions 7. Global and Regional Port State Regimes George C. Kasoulides 1. Introduction 2. Development of the 'Port State Enforcement' Regime 3. Individual Port State Control 4. Regional Regimes for Port State Control 5. Other Regional Agreements 6. Conclusions 8. EU Policies Concerning Ship Safety and Pollution Prevention Versus International Rule-Making Jacques de Dieu 1 Introduction 2 Justifications for Appropriate European Action 3 The European Maritime Safety Programme 4 Review of the Existing EC Legislation 5 Completion of the Action Programme and Re-Orientation 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 Andre Nollkaemper 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 Magnus Goransson 1 Introduction 2 1993 Torremolinos Protocol 3 Regional Standards for Ro-Ro Passenger Ferries 4 Conclusions 11. Residual Jurisdiction under IMO Regulatory Conventions Erik Jaap Molenaar 1 Introduction 2 Residual Jurisdiction under 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? Gunther Handl 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 Alan E. Boyle 1 Introduction 2 The UNCLOS Dispute Settlement Scheme 3 Matters not Falling Within Compulsory Jurisdiction under the Convention 4 Consensual Jurisdiction and Disputes Relating to the Marine Environment 5 An Assessment of UNCLOS and its Implications for Environmental Disputes, Index, International Environmental Law and Policy Series