The IMLI Manual on International Maritime Law Volume III Marine Environmental Law and Maritime Security Law 1st Edition by David Joseph Attard, Malgosia Fitzmaurice, Norman Martinez 0191506925 9780191506925

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ISBN-10 :  0191506925 

ISBN-13 :  9780191506925

Author:   David Joseph Attard, Malgosia Fitzmaurice, Norman Martinez 

This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization’s research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume III is devoted to the marine environmental law and maritime security law. The first part of Volume III deals in depth with issues of most fundamental importance in the contemporary world, namely how to protect the marine environment from pollution from ships, land-based sources, seabed activities, and from or through air. In explaining these types of pollution, various conventions concluded under the auspices of the IMO (such as MARPOL 73/78 and the 1972 London Convention) and soft law documents are analysed. The volume also includes chapters on the conventions relating to pollution incident preparedness, response, cooperation, and the relevance of regional cooperation. It additionally discusses liability and compensation for pollution damage. The second part of volume III examines an issue of increasing importance in a world threatened by terrorism, piracy, and drug-trafficking. Chapters in this part cover the topics of piracy; stowaways; human trafficking; illicit drugs; terrorism; military uses of the sea; and new maritime security threats, such as the illegal dumping of hazardous wastes and toxic substances, as well as illegal, unreported, and unregulated fishing.

 

The IMLI Manual on International Maritime Law Volume III: Marine Environmental Law and Maritime Security Law 1st Table of contents:

Part One Marine Environmental Law
Section A— General
1. State Jurisdiction in Relation to the Protection and Preservation of the Marine Environment (Maria Gavouneli)
1.1 The Flag State
1.2 The Coastal State
1.3 The Port State
Section B— Prevention of Marine Pollution
2. The International Convention for the Prevention of Pollution from Ships (MARPOL) (Malgosia Fitzmaurice)
2.1 Pollution from Ships: Introduction and Historical Development
2.2 The International Convention for the Prevention of Pollution from Ships (MARPOL): Historical Development (with Special Attention to Annex I)
2.3 The MARPOL: General Structure and Underlying Principles
2.4 The MARPOL Annexes
2.5 MARPOL Special Areas and Particularly Sensitive Areas
2.6 Enforcement of MARPOL
2.7 The European Union and the MARPOL
2.8 The Evaluation of MARPOL
2.9 Conclusion
3. Pollution from Dumping (Hossein Esmaeili and Brendan Grigg)
3.1 Introduction
3.2 Convention on the Law of the Sea 1982
3.3 The London Convention Regime
3.4 The 1996 London Protocol
3.5 Responding to Climate Change
3.6 Regional Sea Dumping Arrangements
3.7 1992 OSPAR Convention
3.8 Dumping in the Antarctic Region
3.9 The Madrid Protocol and its Annexes III and IV
3.10 United Nations Environment Programme Regional Protocols
3.11 Dumping of Radioactive Waste
3.12 Precautionary Principles and Dumping of Waste at Sea
3.13 Conclusion
4. Pollution from Seabed Activities (Ricardo Pereira)
4.1 Introduction
4.2 The Impact of the Offshore Extractive Industries on the Marine Environment
4.3 The International Regulation of Pollution from Seabed Activities
4.4 Liability and Compensation for Environmental Damage
4.5 Regional Developments
4.6 The Case for a Global Convention Establishing Liability and Safety Standards for Offshore Activities
4.7 Conclusions
5. Regulation of Land-Based Marine Pollution (Yoshifumi Tanaka)
5.1 Introduction
5.2 Global Legal Framework for Regulating Land-Based Marine Pollution
5.3 Development of Regional Treaties Regulating Land-Based Marine Pollution
5.4 Ensuring Compliance
5.5 Conclusions
6. Pollution of the Marine Environment from or Through the Atmosphere (James Harrison)
6.1 Introduction
6.2 Scope and Nature of the Problem
6.3 Pollution from or through the Atmosphere under UNCLOS
6.4 Regulation and Control of Sulphur Oxides and Particulate Matter
6.5 Regulation and Control of Nitrogen Oxides
6.6 Regulation and Control of Greenhouse Gas (GHG) Emissions
6.7 Application and Enforcement of the International Regulations on Air Pollution from Ships
6.8 Conclusion and Challenges for the Future
Section C— Response to Marine Pollution Casualties
7. Conventions Relating to Pollution Incident Preparedness, Response, and Cooperation (Gabino Gonzalez and Frédéric Hébert)
7.1 Introduction
7.2 International Legal Framework Overview
7.3 Regional Legal Framework Overview
7.4 Cooperation
7.5 Analysis of International and Regional Legal Instruments on Pollution Incident Preparedness, Response, and Cooperation
7.6 Conclusions
8. Intervention on the High Seas in Cases of Pollution Casualties (Agustin Blanco-Bazán)
8.1 Introduction
8.2 The Intervention Convention and UNCLOS Article 221: The EEZ factor
8.3 Historical Background Leading to the Adoption of the Intervention Convention
8.4 The Right to Intervention in UNCLOS and its Relationship with the Intervention Convention
8.5 Analysis of UNCLOS Article 221 and the Intervention Convention
8.6 Intervention and Places of Refuge
8.7 Implementation of the Right to Intervention into Domestic Law
Section D— Liability and Compensation for Pollution Damage
9. Liability and Compensation for Ship-Source Pollution (Måns Jacobsson)
9.1 The Development of the International Regimes
9.2 The Regime Relating to Liability and Compensation for Tanker Oil Spills
9.3 International Convention on Liability for Bunker Oil Pollution Damage (Bunkers Convention)
9.4 The Regime Relating to Damage Caused by Hazardous and Noxious Substances
Section E— Regional Approaches to the Protection of the Marine Environment
10. Regional Seas Programme: The Role Played by UNEP in its Development and Governance (Elizabeth Maruma Mrema)
10.1 Introduction
10.2 Context of the Regional Seas Programme
10.3 Overview of the Regional Seas Action Plans, Conventions, and Protocols
10.4 Institutional Arrangements
10.5 Financial Arrangements
10.6 Conclusion—UNEP Regional Seas Programme at Crossroads
Part Two Maritime Security Law
11. Piracy, Hijacking, and Armed Robbery Against Ships (Markiyan Z. Kulyk)
11.1 Introduction
11.2 Brief Historic Endeavour: Privateering
11.3 UNCLOS
11.4 SUA
11.5 Hostage Convention
11.6 Efforts to Strengthen Legal Regime against Piracy within the United Nations Security Council
12. Maritime Terrorism and the Illicit Trafficking in Arms (Riyaz Hamza)
12.1 Introduction
12.2 Maritime Terrorism
12.3 The Illicit Trafficking in Arms
12.4 Conclusion
13. The Suppression of Unlawful Acts Against the Safety of Maritime Navigation (Reto A. Dürler)
13.1 Introduction
13.2 The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and its Protocol
13.3 The Revised Convention Contained in the New SUA Protocols
14. Ship and Port Facility Security (James Kraska)
14.1 Introduction
14.2 The ISPS Code
14.3 Ship Security—Exclusive Flag State Jurisdiction
14.4 Port Facility Security—Port State Control
14.5 Interface between Ships and Port Facilities
15. The Illicit Trafficking of Drugs (Efthymios Papastavridis)
15.1 Introduction
15.2 Multilateral Treaty Law Bases for Interdiction of Drug Trafficking Vessels
15.3 Bilateral Treaty-Law Bases for Interdiction of Drug Trafficking Vessels
15.4 Customary Law Bases for Interdiction of Drug Trafficking Vessels
15.5 Concluding Remarks
16. The Human Element of Maritime Crime: Stowaways, Human Trafficking, and Migrant Smuggling (Patricia Mallia)
16.1 Maritime Security and Irregular People Flows
16.2 Stowaways
16.3 Maritime Migrant Smuggling and Trafficking in Individuals
16.4 Safeguarding Human Rights Protection through Cooperation
17. New Marine Security Threats (Darren Calley, Karen Hulme, and David Ong)
17.1 Introduction
17.2 Illegal Dumping of Hazardous Wastes and Toxic Substances
17.3 Illegal, Unreported and Unregulated (IUU) Fishing
17.4 Marine Geo-Engineering
17.5 Conclusions
18. Military uses of the Sea (Natalino Ronzitti)
18.1 Introduction
18.2 Military Uses
18.3 Naval Interdiction: Blockade and Quarantine
18.4 Insurgency and Civil War
18.5 The PSI and the 2005 SUA Protocol
18.6 Self-defence on the High Seas
18.7 Showing the Flag: Challenging Excessive Claims
18.8 War Games and Rules of the Road
18.9 Nuclear Weapons/Weapons of Mass Destruction Free Zones
18.10 The Peaceful Purposes Clause and the Notion of Zones of Peace
18.11 The Immunity of Foreign Warships
18.12 Air Defence and Identification Zones (ADIZ)
18.13 Carrying on Enforcing Measures Mandated/Allowed by the Security Council
18.14 Military Use of the Sea in Wartime
18.15 The Control of Contraband
18.16 War Zones and Total Exclusion Zones

 

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