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