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Vessel-Source Marine Pollution The Law and Politics of International Regulation

ISBN-10: 0521853427

ISBN-13: 9780521853422

Edition: 2005

Authors: Alan Khee-Jin Tan, James Crawford, John Bell, Hilary Charlesworth, John Collier

List price: $165.00
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Description:

Alan Tan investigates the political, economic and social forces influencing the International Maritime Organisation (IMO) treaties and laws.
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Book details

List price: $165.00
Copyright year: 2005
Publisher: Cambridge University Press
Publication date: 12/22/2005
Binding: Hardcover
Pages: 458
Size: 6.25" wide x 9.25" long x 1.50" tall
Weight: 1.870
Language: English

Foreword
Preface
Table of Conventions
Table of European Union Instruments
Table of IMO Resolutions and Guidelines
Table of Miscellaneous Instruments
Table of Domestic Legislation
Table of Cases (International Courts and Tribunals)
Abbreviations
The Regulation of Vessel-Source Pollution in its Eco-Political Context
Vessel-Source Pollution, the Ecological Imperative and the Compliance Problem
Overview
Regulating the Sources of Marine Pollution
Whither the Freedom of Navigation?
Technical Issues and Jurisdiction over Ships
Outline of Analysis
The Dynamics of the Law-Making Process: Actors, Arenas and Interests
Overview
Key Actors in the Decision-Making Process
The Maritime Interests
The Shipowners and Operators
The Cargo Owners and Charterers
The Protection and Indemnity (P&I) Clubs and the Marine Insurers
The Classification Societies
The Military Interests
The Flag States and Open Registries
States with Maritime Interests
The Coastal/Environmental Interests
The Environmental Non-Governmental Organisations
Public Opinion and Media Reaction
States with Coastal Interests
The Developing Countries
Major Arenas for Decision-Making
International Fora: The International Maritime Organization (IMO)
IMO's Initial Years
The Constitutive Structure of IMO
IMO and Maritime Conventions
International Fora - United Nations Bodies and Specialised Agencies
Regional Fora
Legal and Political Developments in Europe
Memoranda of Understanding (MOUs) on Port State Control
Domestic Fora - Agitation Within States
Marine Pollution Regulation and the Interplay of Interests
The Relative Capacities of the Relevant Actors
The Contemporary Political Dynamics at IMO
Vessel-Source Pollution and the International Legislative Process
Vessel-Source Pollution and Regime Formation
Pollution Control Standards and Reception Facilities
Early Regulatory Efforts
The OILPOL Regime and the Load-On-Top (LOT) System
MARPOL 73
Annex I and Segregated Ballast Tanks (SBTs)
Annexes II to V
MARPOL 73/78 and Crude Oil Washing (COW)
The Double Hull Requirement
The Exxon Valdez and the 1992 Amendments
The Erika and the 2001 Amendments
The Prestige and the 2003 Amendments
Air Pollution from Ships
Anti-Fouling Systems and Tributyl Tin (TBT) Contamination
Harmful Aquatic Organisms and Ballast Water Management
Conclusion
Jurisdiction over Vessel-Source Marine Pollution
The Concept of 'Jurisdiction' in Marine Pollution
Early Attempts to Extend Coastal State Jurisdiction
Jurisdiction under the MARPOL Regime
Prescriptive Jurisdiction under MARPOL 73
Enforcement Jurisdiction under MARPOL 73
The 1978 MARPOL Protocol
The 1982 UN Conference on the Law of the Sea (UNCLOS III)
The Law of the Sea Convention (LOSC) and Part XII on the Marine Environment
The Allocation of State Jurisdiction under the LOSC
Flag State Jurisdiction
Coastal State Jurisdiction
Port State Jurisdiction
Conclusion
Implementation and Compliance
Overview
Ratification, Incorporation into Domestic Law and Implementation
The Enforcement Obligations of States
Pollution Control Standards and State Enforcement Records
Discharge vs. Equipment Standards
State Enforcement of Pollution Control Standards
The Provision of Waste Reception Facilities in Ports
Reporting on Implementation Activities
Reporting on the Provision of Reception Facilities
Reporting on Enforcement Action
Conclusion
Liability and Compensation
Overview
The 1969 Civil Liability Convention (CLC 69)
Developments Preceding CLC 69
The 1969 Brussels Conference
The 1971 Fund Convention (FUND 71)
Developments Preceding FUND 71
The 1971 FUND Conference
Amendments to TOVALOP/CRISTAL and CLC/FUND
Revising the Industry Initiatives
Developments Preceding the 1984 Conference
The 1984 IMO Conference
Further Revision of TOVALOP and CRISTAL
Liability and Compensation in the United States
The Exxon Valdez and Developments Preceding OPA-90
Implications of OPA-90
The 1992 Protocols to the CLC and FUND Conventions
Pollution by Hazardous and Noxious Substances (HNS)
Pollution by Bunker Fuel Oils
The Liability and Compensation Regimes: Concluding Analysis
The Future of Regulation
Challenges and Prescriptions
Improving Institutional Responses
Pro-active Rule-Making by IMO
Prompt Entry into Force for Conventions
Ensuring Effective Enforcement and Compliance
Market Discrimination Against Sub-standard Shipping
Liability of Non-Owner Interests
Return of the Developed State Flags
Tightening Flag State Obligations
Enhancing Port State Control
Enforcement Powers for IMO
Enhancing Equity in Representation and Responsibilities
Reforming IMO
Institutional and Financial Equity
Discipline in Agenda-Setting
States and the Provision of Reception Facilities
The Cargo Interests and Burden-Sharing
Shipowners and Intra-Industry Co-operation
Final Thoughts
Bibliography
Index