Enforcing international maritime legislations on air pollution through UNCLOS / Jesper Jarl Fano.

Format:

Book

Author/Creator:

Fanø, Jesper Jarl, author.

Language:

English

Subjects (All):

International Convention for the Prevention of Pollution from Ships (1973 November 2).

International Convention for the Prevention of Pollution from Ships.

United Nations Convention on the Law of the Sea (1982 December 10).

United Nations Convention on the Law of the Sea.

Air--Pollution--Law and legislation.

Air.

Marine pollution--Law and legislation.

Marine pollution.

Maritime law--Environmental aspects.

Maritime law.

Physical Description:

1 online resource (433 pages)

Edition:

First edition.

Distribution:

London : Bloomsbury Publishing, 2019

Place of Publication:

Oxford ; Hart, 2019.

Summary:

"This book explores the scope and applicability of chapter XII of the United Nations Conventions on Law of the Sea (UNCLOS), relating to the enforcement of international maritime legislation on air pollution. It focuses on enforcement of Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL Annex VI) and the strengthened global sulphur limit which comes into force in 2020. The book also examines enforcement of the international regulatory measures on Greenhouse Gasses (GHG) for shipping which the UN's International Maritime Organization (IMO) is set to adopt through its GHG Strategy. The first chapters in Part I provide an overall introduction to relevant regulations of MARPOL Annex VI, UNCLOS, Port State Control (PSC), the EU Sulphur Directive and basic jurisdictional principles of international law. Part II analyses the amplified enforcement and notifying obligations of UNCLOS chapter XII placed on flag States and the broadened jurisdictions for port and coastal States to enforce. This includes extraterritorial enforcement by port States on the high seas and how overlapping jurisdictions are resolved. These theoretical discussions on jurisdiction are tied to practical applications pertaining to PSC, detention and sanctions. Part III builds upon the conclusions of Part II in relation to the enforcement of other IMO legislation. Finally, with the increased environmental challenges relating to global warming, and given the special legal status of ships, Part IV offers an analysis of whether the IMO's regulatory measures on GHG could, in the future, be considered peremptory norms of a 'jus cogens' character, also addressing the legal implications relating to State responsibility and enforcement"-- Provided by publisher.

Contents:

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

Notes:

Includes bibliographical references and index.

ISBN:

9781509927791

1509927794

9781509927777

1509927778

OCLC:

1121441981