Preventing Pollution from Ships – Reflections on the ’Adequacy’ of Existing Rules

Ringbom, Henrik

doi:10.1111/1467-9388.00174

Cited by 11 publications

(20 citation statements)

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“…The work of producing internationally agreed shipping standards is now largely complete: Enforcement needs to be the priority (Anderson 1998;Ringbom 1999). Part XII, Section 6 of UNCLOS may have the appearance of a set of environmental enforcement provisions, but the somewhat elastic definition of what qualifies as an "environmental" standard, combined with the lack of any alternative enforcement provisions, means that it can be pushed into a wider role than was originally intended.…”

Section: Resultsmentioning

confidence: 99%

“…Part XII of UNCLOS involved a series of negotiated compromises between states with a variety of conflicting interests and priorities (see Shearer 1986;Drel 1988;Bodansky 1991;Stephenson 1992;McDorman 1997;Tan 1997;Keselj 1999;Ringbom 1999), with one early commentator remarking that "the articles, fairly described as incorporating the 'lowest common denominator' of diverse views, are extremely complex, contradictory, evasive and even unintelligible" (Bernhardt 1980). It obliges states to "protect and preserve the marine environment" (art 192) 2 and then sets out a range of areas in which states are expected to take action against pollution including pollution from land-based sources, dumping, vessels, as well as installations and devices operated at sea (art 194).…”

Section: The Role Of Part XIImentioning

confidence: 99%

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The enforcement of shipping standards under UNCLOS

Marten¹

2011

WMU J Marit Affairs

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This article discusses the enforcement of shipping standards, with a particular focus on Part XII of UNCLOS. Section 6 of Part XII contains the only comprehensive set of vessel-related enforcement provisions in the Convention, but the Part's scope is limited to "the preservation and protection of the marine environment." Therefore, not all shipping standards fall clearly within Part XII's ambit, including those centered on safety, security, and crewing considerations. The enforcement provisions of Section 6 are favorable to flag states and their vessels, and Section 7 contains a number of safeguards for their benefit, so it is in the interests of these parties to have coastal state enforcement governed by Part XII. However, the ability of coastal states to establish and enforce shipping standards that apply within the territorial sea extends to more than just environmental matters. The result is that different standards give rise to different enforcement powers, depending on the maritime zone in which a vessel is located, even if those standards arise from the same international agreement. It is suggested that to remedy these problems, UNCLOS would need to be amended in order to provide a comprehensive enforcement regime for the enforcement of shipping standards.

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Section: Resultsmentioning

confidence: 99%

Section: The Role Of Part XIImentioning

confidence: 99%

The enforcement of shipping standards under UNCLOS

Marten¹

2011

WMU J Marit Affairs

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“…Despite the national jurisdiction over ships and sea, the shipping regime is, in many aspects, uniform compared to other internationally managed areas (Ringbom, 1999). The regional or international organizations, such as the IMO, generally agree for undertaking initiatives on new protective standards for shipping.…”

Section: Competing and Complementing Legal Competencementioning

confidence: 99%

“…And what is the role of the EU? Despite some national discretion to regulate shipping, Ringbom (1999) notes that national states are reluctant to diverge from international standards, especially when such protective measures are lacking or unsatisfactory. Although the acceptance for port states to decide on protective measures is usually higher than that for coastal states, port states tend to hold back on national regulation if it is in conflict with the general global level of regulation.…”

Section: Acting Globally or Regionally?mentioning

confidence: 99%

The legal design of the international and European Union ban on tributyltin antifouling paint: Direct and indirect effects

Gipperth

2009

Journal of Environmental Management

121

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“…Regulation 14 is specifically concerned with the regulation of sulphur dioxide (SO x ) and particulate matter, and in 2006, 2007, and 2012, emission control areas (ECAs) restricting the emission of SO x were established in the Baltic, North Sea, and North American zones, respectively. While the pollution restrictions that were initially established by MARPOL were originally considered to be ineffective with regard to environmental impact by some commentators (Ringbom 1999) plans to restrict sulphur levels to 0.1% by 2015 in ECAs are thought by some to represent a 'step change' in practice.…”

Section: Introductionmentioning

confidence: 99%

Greener shipping? A consideration of the issues associated with the introduction of emission control areas

Sampson

Bloor

Baker

et al. 2015

Maritime Policy & Management

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This paper draws upon original research undertaken in the United Kingdom and Sweden. It considers the enforcement of regulations associated with the limitation of air emissions from shipping. Specifically, it considers the enforcement of regulations pertaining to the Baltic and North Sea emission control areas (ECAs). The paper outlines the steps that have been taken to ensure vessel compliance in these ECAs. It describes the effectiveness of such enforcement as well as current limitations and gives specific emphasis to the views of vessel operators. The paper ends with a series of recommendations that have been arrived at following discussion of the research findings with a select group of industry experts.Keywords: regulation; globalisation; ports; pollution; environment; emissions BackgroundThe latter half of the twentieth century saw increased interest amongst academics in the problem of the environment, not least how to reconcile economic, social and environmental interests (Dobson 1996, 395). Within the maritime field concern with pollution, and the potential for shipping business to negatively impact on the marine environment and related biodiversity, has also grown. Marine pollution in the form of oil and chemical spills has attracted much media attention in the last 30 years as high profile incidents taking place in European waters (e.g. oil spills from the Sea Empress, Braer, Erika and Prestige) or particularly sensitive environments (e.g. Exxon Valdez) have hit the headlines. It has also attracted the attention of academics concerned to offer insight into risk mitigation and the role of regulation and of good governance in mitigating such impacts. For example, Radović et al. (2012) offer an analysis of the best strategies for the detection and assessment of oil and chemical spills arising from shipping incidents in support of more effective damage limitation, whereas Xu (2009) offers an analysis of liability in the event of pollution damage at sea. In the face of increased public and policy concerns, the shipping industry has sought actively to curtail the negative environmental externalities arising within the shipping sector, in particular that of marine pollution. The International Maritime Organisation (IMO) has dedicated annex VI of the MARPOL

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Preventing Pollution from Ships – Reflections on the ’Adequacy’ of Existing Rules

Cited by 11 publications

References 0 publications

The enforcement of shipping standards under UNCLOS

The enforcement of shipping standards under UNCLOS

The legal design of the international and European Union ban on tributyltin antifouling paint: Direct and indirect effects

Greener shipping? A consideration of the issues associated with the introduction of emission control areas

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