Thomas A. Mensah
- Published in print:
- 1999
- Published Online:
- March 2012
- ISBN:
- 9780198298076
- eISBN:
- 9780191685378
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298076.003.0013
- Subject:
- Law, Environmental and Energy Law
While it has been universally recognized that pollution from land-based sources presents the most serious threat to the marine environment, there has been no consensus on the most effective means of ...
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While it has been universally recognized that pollution from land-based sources presents the most serious threat to the marine environment, there has been no consensus on the most effective means of combating the threat. Nor has there been a clear will on the part of states, collectively or individually, to take effective measures to deal with the problem. This chapter begins with a historical review of international efforts to tackle the problem of marine pollution from land-based sources. It then discusses efforts to develop a ‘global’ legal instrument.Less
While it has been universally recognized that pollution from land-based sources presents the most serious threat to the marine environment, there has been no consensus on the most effective means of combating the threat. Nor has there been a clear will on the part of states, collectively or individually, to take effective measures to deal with the problem. This chapter begins with a historical review of international efforts to tackle the problem of marine pollution from land-based sources. It then discusses efforts to develop a ‘global’ legal instrument.
David Ong
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0010
- Subject:
- Law, Environmental and Energy Law, Comparative Law
This chapter examines the relationship between environmental damage and pollution in the marine sphere. It begins by tracing the evolution of the legal definition of marine pollution from its ...
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This chapter examines the relationship between environmental damage and pollution in the marine sphere. It begins by tracing the evolution of the legal definition of marine pollution from its scientific origins. It then examines various examples of this definition to understand their implications for the legal definition of marine environmental damage. It presents a case study of marine pollution laws in Malaysia and Singapore to illustrate how the concepts of marine pollution and marine environmental damage are interpreted and applied to these two nations.Less
This chapter examines the relationship between environmental damage and pollution in the marine sphere. It begins by tracing the evolution of the legal definition of marine pollution from its scientific origins. It then examines various examples of this definition to understand their implications for the legal definition of marine environmental damage. It presents a case study of marine pollution laws in Malaysia and Singapore to illustrate how the concepts of marine pollution and marine environmental damage are interpreted and applied to these two nations.
Ignazio Musu
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780198292203
- eISBN:
- 9780191684883
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198292203.003.0004
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter discusses the interdependence between the environment and development, as well as the effect of marine pollution in the Mediterranean Sea. The chapter talks about environmental ...
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This chapter discusses the interdependence between the environment and development, as well as the effect of marine pollution in the Mediterranean Sea. The chapter talks about environmental protection and the economic development in the Mediterranean Basin, since the Mediterranean Basin poses concerns that are at once political, economic, and ecological. While these three aspects are linked, they still entail different considerations for the northern and southern shores. The chapter also states that this is a complex area, and that it involves a number of issues such as marine pollution, the degradation of land resources, and the depletion of fresh-water resources. The chapter reviews the aspects of the general problem of environmental pollution in the Mediterranean that would appear most important while focusing on the problem of marine pollution in the basin and attempts to connect the process of economic development in the region to the evolution of marine pollution in the Mediterranean. The chapter also discusses the institutional framework for international environmental action in the Mediterranean.Less
This chapter discusses the interdependence between the environment and development, as well as the effect of marine pollution in the Mediterranean Sea. The chapter talks about environmental protection and the economic development in the Mediterranean Basin, since the Mediterranean Basin poses concerns that are at once political, economic, and ecological. While these three aspects are linked, they still entail different considerations for the northern and southern shores. The chapter also states that this is a complex area, and that it involves a number of issues such as marine pollution, the degradation of land resources, and the depletion of fresh-water resources. The chapter reviews the aspects of the general problem of environmental pollution in the Mediterranean that would appear most important while focusing on the problem of marine pollution in the basin and attempts to connect the process of economic development in the region to the evolution of marine pollution in the Mediterranean. The chapter also discusses the institutional framework for international environmental action in the Mediterranean.
James Kraska
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199773381
- eISBN:
- 9780199895298
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199773381.003.0007
- Subject:
- Law, Public International Law
This chapter discusses environmental claims over the exclusive economic zone (EEZ). The assertion of excessive coastal state or international environmental regulation in the EEZ poses the third of ...
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This chapter discusses environmental claims over the exclusive economic zone (EEZ). The assertion of excessive coastal state or international environmental regulation in the EEZ poses the third of the three major legal and policy threats to the stability of the regime. The EEZ framework is under pressure from a coordinated effort by certain government agencies, coastal states, and international and nongovernmental organizations, to promote a regime of controlled access beyond the territorial sea. These efforts are informed by a number of motivations, including flagrant coastal state nativism or jingoism, good faith, and deep concern over maritime environmental degradation, the social-political appeal of certain endangered marine wildlife, deliberate national military strategy, local and tribal or indigenous politics, thinly veiled anti-capitalist and anti-globalist sentiment, and aggressive claims to offshore natural resources. But for many, the coastal state's prerogative in reducing marine pollution is the over-riding drive for greater control over the EEZ.Less
This chapter discusses environmental claims over the exclusive economic zone (EEZ). The assertion of excessive coastal state or international environmental regulation in the EEZ poses the third of the three major legal and policy threats to the stability of the regime. The EEZ framework is under pressure from a coordinated effort by certain government agencies, coastal states, and international and nongovernmental organizations, to promote a regime of controlled access beyond the territorial sea. These efforts are informed by a number of motivations, including flagrant coastal state nativism or jingoism, good faith, and deep concern over maritime environmental degradation, the social-political appeal of certain endangered marine wildlife, deliberate national military strategy, local and tribal or indigenous politics, thinly veiled anti-capitalist and anti-globalist sentiment, and aggressive claims to offshore natural resources. But for many, the coastal state's prerogative in reducing marine pollution is the over-riding drive for greater control over the EEZ.
Catherine Redgwell
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199299614
- eISBN:
- 9780191714887
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199299614.003.0010
- Subject:
- Law, Public International Law
This chapter traces the evolution of marine environmental protection, with particular reference to the regulation of dumping activities. It poses the fundamental question: in the light of significant ...
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This chapter traces the evolution of marine environmental protection, with particular reference to the regulation of dumping activities. It poses the fundamental question: in the light of significant developments in global and regional environmental law and policy since 1982, does the United Nations Convention on the Law of the Sea (LOSC) continue to play a significant role in the protection and preservation of the marine environment? The LOSC is placed in an intertemporal context, considering the background against which the provisions of Part XII were negotiated. The gaps or lacunae in the LOSC are examined in the context of more closely considering the post-UNCLOS III regulation of dumping activities, and comparing these with the LOSC provisions. The continuing relevance of the LOSC for the protection and preservation of the marine environment is considered. Part XII of the LOSC expressly contemplates the integration of existing marine pollution agreements' rules and standards, and foreshadows their further dynamic development.Less
This chapter traces the evolution of marine environmental protection, with particular reference to the regulation of dumping activities. It poses the fundamental question: in the light of significant developments in global and regional environmental law and policy since 1982, does the United Nations Convention on the Law of the Sea (LOSC) continue to play a significant role in the protection and preservation of the marine environment? The LOSC is placed in an intertemporal context, considering the background against which the provisions of Part XII were negotiated. The gaps or lacunae in the LOSC are examined in the context of more closely considering the post-UNCLOS III regulation of dumping activities, and comparing these with the LOSC provisions. The continuing relevance of the LOSC for the protection and preservation of the marine environment is considered. Part XII of the LOSC expressly contemplates the integration of existing marine pollution agreements' rules and standards, and foreshadows their further dynamic development.
Sabine Campe
- Published in print:
- 2009
- Published Online:
- August 2013
- ISBN:
- 9780262012744
- eISBN:
- 9780262258593
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262012744.003.0006
- Subject:
- Political Science, Environmental Politics
Founded in March 1948, the International Maritime Organization (IMO) is a specialized agency of the United Nations responsible for maritime safety and the prevention of marine pollution from ships. ...
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Founded in March 1948, the International Maritime Organization (IMO) is a specialized agency of the United Nations responsible for maritime safety and the prevention of marine pollution from ships. Formerly known as the Inter-Governmental Maritime Consultative Organization, it added marine environment protection to its mandate in 1967, partly in response to the sinking of the Torrey Canyon. This chapter focuses on the work of the IMO secretariat as an international bureaucracy as well as its influence, environmental division, and environmental policy, and argues that the IMO secretariat has made an important contribution to the provision of technical expertise on ship design and construction. After providing an overview of the IMO secretariat’s organizational structure and activities, the chapter analyzes its cognitive, normative, and executive influences. It also discusses the secretariat’s resources, competences, and embeddedness, along with its organizational expertise, organizational culture, and organizational leadership.Less
Founded in March 1948, the International Maritime Organization (IMO) is a specialized agency of the United Nations responsible for maritime safety and the prevention of marine pollution from ships. Formerly known as the Inter-Governmental Maritime Consultative Organization, it added marine environment protection to its mandate in 1967, partly in response to the sinking of the Torrey Canyon. This chapter focuses on the work of the IMO secretariat as an international bureaucracy as well as its influence, environmental division, and environmental policy, and argues that the IMO secretariat has made an important contribution to the provision of technical expertise on ship design and construction. After providing an overview of the IMO secretariat’s organizational structure and activities, the chapter analyzes its cognitive, normative, and executive influences. It also discusses the secretariat’s resources, competences, and embeddedness, along with its organizational expertise, organizational culture, and organizational leadership.
David Freestone
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199299614
- eISBN:
- 9780191714887
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199299614.003.0016
- Subject:
- Law, Public International Law
After more than 20 years, the United Nations Convention on the Law of the Sea (LOSC) still stands as a massive achievement in the history of codification efforts in international law. This chapter ...
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After more than 20 years, the United Nations Convention on the Law of the Sea (LOSC) still stands as a massive achievement in the history of codification efforts in international law. This chapter examines the role of the World Bank (WB) and the Global Environment Facility (GEF), the fund for which it acts both as trustee and as one of the three implementing agencies. The implementation role the LOSC itself seems to envisage for the WB, and the way this has been supplemented by the 1995 UN Fish Stocks Agreement (UNFSA), are discussed. The role and financing capability of the WB itself are also considered, along with the establishment, restructuring, and evolution of the GEF, and the role of international organisations in developing and implementing the LOSC. The chapter concludes by looking at a representative spread of the growing portfolio of projects of both the WB and GEF in the law of the sea area, including marine pollution control and fisheries management.Less
After more than 20 years, the United Nations Convention on the Law of the Sea (LOSC) still stands as a massive achievement in the history of codification efforts in international law. This chapter examines the role of the World Bank (WB) and the Global Environment Facility (GEF), the fund for which it acts both as trustee and as one of the three implementing agencies. The implementation role the LOSC itself seems to envisage for the WB, and the way this has been supplemented by the 1995 UN Fish Stocks Agreement (UNFSA), are discussed. The role and financing capability of the WB itself are also considered, along with the establishment, restructuring, and evolution of the GEF, and the role of international organisations in developing and implementing the LOSC. The chapter concludes by looking at a representative spread of the growing portfolio of projects of both the WB and GEF in the law of the sea area, including marine pollution control and fisheries management.
Rosalyn Higgins Dbe Qc
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780198262350
- eISBN:
- 9780191682322
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198262350.003.0047
- Subject:
- Law, Public International Law
The legal regulation of the offshore abandonment of structures and installations on the continental shelf is determined by international law. Onshore, international law scarcely touches abandonment ...
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The legal regulation of the offshore abandonment of structures and installations on the continental shelf is determined by international law. Onshore, international law scarcely touches abandonment and reclamation, save that it provides for the international responsibility of a state where its acts — within its own territory and otherwise quite lawful — cause significant harm to others. Further, international law is establishing certain strict liability standards for harm emanating from inherently hazardous activities. Nuclear decommissioning will have to be formulated with these international obligations with the safety of others in view. Offshore, international law has a direct relevance. The most critical and contentious issue has been as to whether offshore structures and installations are to be removed; or whether they may be left fully or partially in situ. Does contemporary international law require total removal? This chapter begins by asking whether Article 5(5) of the Geneva Convention represents a rule of customary international law. This chapter also discusses marine pollution and abandonment, dumping, the impact of abandonment on fisheries, and decommissioning of pipelines.Less
The legal regulation of the offshore abandonment of structures and installations on the continental shelf is determined by international law. Onshore, international law scarcely touches abandonment and reclamation, save that it provides for the international responsibility of a state where its acts — within its own territory and otherwise quite lawful — cause significant harm to others. Further, international law is establishing certain strict liability standards for harm emanating from inherently hazardous activities. Nuclear decommissioning will have to be formulated with these international obligations with the safety of others in view. Offshore, international law has a direct relevance. The most critical and contentious issue has been as to whether offshore structures and installations are to be removed; or whether they may be left fully or partially in situ. Does contemporary international law require total removal? This chapter begins by asking whether Article 5(5) of the Geneva Convention represents a rule of customary international law. This chapter also discusses marine pollution and abandonment, dumping, the impact of abandonment on fisheries, and decommissioning of pipelines.
Yoshifumi Tanaka
- Published in print:
- 2015
- Published Online:
- October 2015
- ISBN:
- 9780190270513
- eISBN:
- 9780190271909
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190270513.003.0012
- Subject:
- Law, Public International Law
With the emergence of the concept of community interests, it appears that international law is entering into a new stage of its development. In this regard, an issue arises whether and to what extent ...
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With the emergence of the concept of community interests, it appears that international law is entering into a new stage of its development. In this regard, an issue arises whether and to what extent international courts and tribunals can respond to the protection of community interests. Provisional measures prescribed by the International Tribunal for the Law of the Sea (ITLOS) for protecting the marine environment provide an important insight into this subject. Thus this contribution examines ITLOS provisional measures in the context of marine environmental protection focusing on three issues: (1) the role of ITLOS provisional measures in the regulation of marine pollution and conservation of marine living resources, (2) the Tribunal’s manner in which the requirements to prescribe provisional measures are examined, and (3) the effectiveness of ITLOS provisional measures.Less
With the emergence of the concept of community interests, it appears that international law is entering into a new stage of its development. In this regard, an issue arises whether and to what extent international courts and tribunals can respond to the protection of community interests. Provisional measures prescribed by the International Tribunal for the Law of the Sea (ITLOS) for protecting the marine environment provide an important insight into this subject. Thus this contribution examines ITLOS provisional measures in the context of marine environmental protection focusing on three issues: (1) the role of ITLOS provisional measures in the regulation of marine pollution and conservation of marine living resources, (2) the Tribunal’s manner in which the requirements to prescribe provisional measures are examined, and (3) the effectiveness of ITLOS provisional measures.
- Published in print:
- 2010
- Published Online:
- October 2012
- ISBN:
- 9780198060000
- eISBN:
- 9780199081981
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198060000.001.0001
- Subject:
- Law, Public International Law
This book discusses the developments that have taken place in the laws of the sea in the last sixty years. The earlier European Law of the Sea was the special concern of a few seafaring nations and ...
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This book discusses the developments that have taken place in the laws of the sea in the last sixty years. The earlier European Law of the Sea was the special concern of a few seafaring nations and the dominant interests of the big maritime powers largely determined its shape and content. The United Nations Convention on the Law of the Sea (1982) now governs almost diverse uses of oceans during wartime as well as peace time, including international and domestic maritime trade. The author discusses how the Conventions’ regime on navigation through the territorial sea, international straits, exclusive economic zone, abatement and control of marine pollution, marine scientific research, and the international sea bed are fully in accord with India’s national interests. The author also analyses concepts like ocean governance, the limitations on the freedom and the importance of maritime cooperation in various spheres of the law of the sea. In terms of security issues in the future, the book asks for the creation of a cooperative (rather than a competitive) paradigm to prevent emerging threats from trans-national crimes and terrorism. The book also provides an overview of contentious issues between States, and discusses some cases that were dealt with by the International Court of Justice, the Law of the sea Tribunal, and national courts.Less
This book discusses the developments that have taken place in the laws of the sea in the last sixty years. The earlier European Law of the Sea was the special concern of a few seafaring nations and the dominant interests of the big maritime powers largely determined its shape and content. The United Nations Convention on the Law of the Sea (1982) now governs almost diverse uses of oceans during wartime as well as peace time, including international and domestic maritime trade. The author discusses how the Conventions’ regime on navigation through the territorial sea, international straits, exclusive economic zone, abatement and control of marine pollution, marine scientific research, and the international sea bed are fully in accord with India’s national interests. The author also analyses concepts like ocean governance, the limitations on the freedom and the importance of maritime cooperation in various spheres of the law of the sea. In terms of security issues in the future, the book asks for the creation of a cooperative (rather than a competitive) paradigm to prevent emerging threats from trans-national crimes and terrorism. The book also provides an overview of contentious issues between States, and discusses some cases that were dealt with by the International Court of Justice, the Law of the sea Tribunal, and national courts.
M.S. Durrett and C.P.H. Mulder
- Published in print:
- 2011
- Published Online:
- May 2015
- ISBN:
- 9780199735693
- eISBN:
- 9780190267803
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199735693.003.0013
- Subject:
- Biology, Ecology
This chapter summarizes the key points of each chapter and highlights vital lessons learned from reviews and comparative analyses of systems across the globe. It offers general recommendations for ...
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This chapter summarizes the key points of each chapter and highlights vital lessons learned from reviews and comparative analyses of systems across the globe. It offers general recommendations for ongoing conservation and restoration of seabird islands. It considers how the public’s improved global perspectives on seabird islands are also vulnerable to major global threats, including the impacts of invasive species, climate change, marine pollution, and exploitation of marine and terrestrial resources. It examines the role of seabirds and seabird islands as indicators of global change, and also offers suggestions for future research to continue in building understanding of the ecology of seabird islands.Less
This chapter summarizes the key points of each chapter and highlights vital lessons learned from reviews and comparative analyses of systems across the globe. It offers general recommendations for ongoing conservation and restoration of seabird islands. It considers how the public’s improved global perspectives on seabird islands are also vulnerable to major global threats, including the impacts of invasive species, climate change, marine pollution, and exploitation of marine and terrestrial resources. It examines the role of seabirds and seabird islands as indicators of global change, and also offers suggestions for future research to continue in building understanding of the ecology of seabird islands.
Tullio Treves
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199299614
- eISBN:
- 9780191714887
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199299614.003.0021
- Subject:
- Law, Public International Law
The 1982 United Nations Convention on the Law of the Sea (LOSC) is at the centre of a web of international obligations and institutions whose contracting parties do not necessarily coincide. In the ...
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The 1982 United Nations Convention on the Law of the Sea (LOSC) is at the centre of a web of international obligations and institutions whose contracting parties do not necessarily coincide. In the field of dispute settlement, the connection between the LOSC and other instruments and obligations is particularly evident. The coexistence of different courts and tribunals is at the heart of the very mechanism for compulsory settlement set out in Section 2 of Part XV. The choice of procedure clause in Article 287 involves the International Court of Justice, an adjudicating body extraneous to the Convention, together with bodies set up under the LOSC, the International Tribunal for the Law of the Sea and arbitral tribunals. There are seven agreements utilising the dispute settlement mechanism of the LOSC, covering issues ranging from fisheries management and conservation, to marine pollution control, conservation of living marine resources, and conservation of underwater cultural heritage.Less
The 1982 United Nations Convention on the Law of the Sea (LOSC) is at the centre of a web of international obligations and institutions whose contracting parties do not necessarily coincide. In the field of dispute settlement, the connection between the LOSC and other instruments and obligations is particularly evident. The coexistence of different courts and tribunals is at the heart of the very mechanism for compulsory settlement set out in Section 2 of Part XV. The choice of procedure clause in Article 287 involves the International Court of Justice, an adjudicating body extraneous to the Convention, together with bodies set up under the LOSC, the International Tribunal for the Law of the Sea and arbitral tribunals. There are seven agreements utilising the dispute settlement mechanism of the LOSC, covering issues ranging from fisheries management and conservation, to marine pollution control, conservation of living marine resources, and conservation of underwater cultural heritage.
