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Particulary Sensitive Sea Areas The IMO's Role in Protecting Vulnerable Marine Areas

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ISBN-10: 354078778X

ISBN-13: 9783540787785

Edition: 2008

Authors: Markus J. Kachel

List price: $219.99
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Designations of large Particularly Sensitive Sea Areas (PSSAs) triggered a controversial debate within the International Maritime Organisation (IMO) concerning the legal basis of PSSAs, the relationship between the IMOs PSSA guidelines and UNCLOS, as well as the competency of IMO to adopt mandatory protective measures in these areas. As a result, IMO conducted a review process which led to substantially updated guidelines adopted in late 2005. This book provides a detailed analysis of the PSSA guidelines and protective measures available in PSSAs. Emphasis is placed on their legal basis and the implications for coastal states' jurisdiction over vessel-source pollution.
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Book details

List price: $219.99
Copyright year: 2008
Publisher: Springer Berlin / Heidelberg
Publication date: 5/29/2008
Binding: Paperback
Pages: 376
Size: 6.10" wide x 9.25" long x 0.32" tall
Weight: 2.706
Language: English

Global Shipping and the Marine Environment
Particularly Sensitive Sea Areas and the International Maritime Organization
Aims of this treatise
The Marine Environment: Oceans under Threat
The Oceans - Utilisation and Conflicts
The Marine Environment: Subject and Purpose of Protection
Oceans and seas - main physical and chemical properties
Functions of the Oceanic Ecosystem
Habitat for Flora and Fauna
Pelagic Environment
Example: Coastal Areas
Example: Deep Sea
Buffer within the Climate System
Food Repository
Intrinsic Value
Conflicting Uses of the Oceans
Off-shore Mining
Fishing and Exploitation of other Living Marine Resources
Energy Production
Concluding Remarks
Threats to the Marine Environment: Pollution and Physical Damage
Sources of Pollution
Types of Pollutants
Hydrocarbon Compounds
Persistent Toxic Substances
Heavy Metals
Radioactive Materials
Heavy Metals
Radioactive Materials
Shipping-Related Threats to the Marine Environment
Operational Pollution
Accidental Pollution
Damage to Habitats and Animals
Instruments to Protect Specific Marine Areas
Protection of Specific Marine Areas
Introduction to the Concept of Marine Protected Areas
Historical Development and Basic Definitions
Underlying Rationale
Establishing Marine Protected Areas
Location, Size and Scientific Criteria
Administration and Management: Prerequisite for Success of MPAs
Related Developments in International Environmental Policy
Protection of Marine Areas in International Law – Basic Principles
Introduction: Acceptance in International Law versus Unilateral Measures
Relevant Principles of International Environmental Law and International Law of the Sea
Traditional Ocean Governance: Freedom of Navigation
Compliance with Standards: Principle of Flag-State Enforcement
Principle of Sustainable Development
Principle of Preventive Action
Precautionary Principle
United Nations Convention on the Law of the Sea
Basic Rules for the Protection of the Marine Environment
Maritime Zones as Determinants of the Protective Regime
Territorial Sea
Exclusive Economic Zone
High Seas
Straits used for International Navigation
Archipelagic Waters
Unique Characteristics of Port State Jurisdiction
Special Rules for Areal Protection in Part XII of UNCLOS
Incorporation of IMO Regulations through UNCLOS Rules of Reference
Relation to other Multilateral Agreements
Implications of the Convention on Biological Diversity
Summarising Remarks
Marine Protected Areas in Multilateral Instruments
Global International Law
Protective Mechanisms of the MARPOL Convention
Special Areas
Procedural Aspects
Substantive Aspects
SO<sub>x</sub> Emission Control Areas
Ramsar Sites
UNESCO World Heritage Sites & Biosphere Reserves
Regional International Law
Kingston SPAW Protocol
Barcelona Protocol
Helsinki Convention: Establishing a Network of Baltic Sea Protected Areas
OSPAR Convention
Nairobi SPA Protocol
Antarctic Specially Protected Areas under the Antarctic Treaty System
Other Regional Agreements
Concluding Remarks: Similarities - Contrasts - Improvement Opportunities
Particularly Sensitive Sea Areas: an IMO Instrument to Protect Marine Areas
Protection of the Marine Environment through IMO within the System of International Institutions
International Organisations Addressing Marine Matters
Legal Framework of IMO Efforts to Protect the Marine Environment
Legislative Competences of International Organisations
Means of Establishing Rules and Standards
Determination of the Legal Quality: Binding and Recommendatory Acts
Legal Basis for the Work of IMO
Instruments Established and Governed by IMO
Multilateral Treaties: Conclusion and Amendment
Soft-Law Instruments Adopted by IMO
Some Remarks on the Impact of IMO Instruments on Marine Environment Protection
Development and Structure of the PSSA Concept: Implementation and Coordination of Protective Measures
IMO Assembly Resolution A.982(24): Implementing the Concept
Content and Structure of the Guidelines
Development of the Guidelines and Adoption by the Assembly in 1991
Review 2001 and 2005: Reasons and Results
Designation: Requirements and Procedures
Criteria for Particular Sensitivity
Risks Posed by International Shipping
Size and Biogeographical Characteristics of the Area
Establishment of Protected Area Networks
Designation Procedure within IMO
Course of the Procedure
Requirements for Proposing Governments
Consequences of a Designation
Charting of PSSAs and APMs
Enforcement of Protective Measures
Protection without Protective Measures
Additional obligations for the Applying State to Protect the PSSA
Concluding Remarks
Associated Protective Measures as the Essential Part of a PSSA
Protective Measures Pursuant to the PSSA Guidelines
Legal Bases: Paragraph 7.5.3 of the PSSA Guidelines
Section (i) and (ii)
Section (iii)
Preliminary Findings
Options for Protective Measures
Navigational Aids
Routeing Measures
Ship Reporting Systems
Vessel Traffic Services
Discharge Restrictions
Standards concerning Construction, Design, Equipment and Manning of Ships
Other Measures
Establishment of APMs in Buffer Zones and Outside PSSAs
Procedural Requirements and Assessment of APM Proposals
Similarities and Differences of Hitherto Designated Areas
Marine Areas Designated as PSSAs
Approved APMs
Rejected APMs
Particularly Sensitive Sea Areas - Overview
The PSSA Concept - Analysis and Assessment
Comparison between PSSAs and other Regimes in International Law
Protecting Vulnerable Marine Areas in International Law: Synopsis
Particularities of Protective Regimes
Procedural Issues
Criteria and Prerequisites for Protection
Availability and Enforcement of Protective Measures
Comparative Remarks
Relationship of the Protective Regimes: Progression towards Collaboration
Attempt to Systematise Protective Approaches: Are PSSAs Marine Protected Areas?
Synergies of the PSSA Concept and other Regimes
Summarising Remarks
Legal Quality of the PSSA Guidelines and their Effect on Jurisdiction to Implement and Enforce Protective Measures
IMO Assembly Resolution A.982(24)
Legal Basis and Character of the PSSA Guidelines
Binding Force of PSSAs and their Associated Protective Measures
PSSAs and Article 211(6) of UNCLOS
Implementation of General Obligations Contained in Part XII of UNCLOS
APMs as Generally Accepted International Rules and Standards
Feasibility of this Interpretation
Legality of this Interpretation
Preliminary Remarks
Implications for the Balance between Environment Protection and Freedom of Navigation
Modification of the Status Quo - Legislation and Enforcement
Territorial Sea
Legislative Jurisdiction
Enforcement Jurisdiction
Exclusive Economic Zone
Straits and Archipelagic Waters
Summarising Remarks
PSSA Status: Additional Rights or Added Value?
Modified Interpretation of Indeterminate Legal Terms
Long-term Implications: Contribution to Customary International Law?
PSSAs on the High Seas - Competences and Responsibilities
Preliminary Considerations and Political Initiatives
Legal Framework for High-Seas MPAs
Existing High-Seas Specially Protected Zones
Options for the Implementation of the PSSA Concept on the High Seas
Main Findings
PSSAs and Ocean Governance: Current Interdependencies and Prospects for Future Developments
Past Achievements: the PSSA Concept's Impact on Ocean Governance
Interzonal Approach to Coastal State Jurisdiction for Marine Environment Protection
Cooperation between States
Influence on other IMO Instruments: Evolution of Routeing Measures
Application of a Precautionary Approach to Marine Environment Protection
Perspectives for Future Developments of the Concept
Recent Challenges to the Concept
Designations of Large and Disparate Marine Areas
Consequences: Redesign of the PSSA Concept
Initial Suggestions for a Future Protective Regime
Determining the Adequate Instrument to Develop a Multilateral MPA Regime
Material Legal Prerequisites
Institutional Arrangements
Concluding Remarks