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Foreword | |
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Foreword | |
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Preface | |
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Acknowledgements | |
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Abbreviations | |
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Introduction | |
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Biopollution and Ballast Water | |
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Introduction | |
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Definitions and Use of Terms | |
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Scientific Aspects on Biopollution (Erkki Leppakoski) | |
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From Pollution to Biopollution of the Marine Environment | |
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Resolutions, Declarations and Principles | |
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Treaties | |
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Conclusion | |
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Evolution of the International Law on Biopollution | |
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Introduction | |
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Customary International Law | |
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Material Element of Customary Rules and State Practice | |
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Subjective Element (Opinio juris sive necessitatis) | |
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Customary International Law and Ballast Water | |
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Conclusions Regarding Customary International Law | |
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Treaty Law | |
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International Health Regulations | |
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International Convention for Prevention of Pollution from Ships | |
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United Nations Convention on the Law of the Sea | |
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Convention on Biological Diversity | |
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Conclusions Regarding Treaty Law | |
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Conclusion | |
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IMO and Codification of the International Law on Ballast Water Management | |
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The IMO and its Treaty-making Procedures (Gaetano Librando) | |
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Safety Conventions | |
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Pollution Prevention Conventions | |
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Legal Treaties | |
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Adopting a Convention | |
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Entry into Force | |
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The IMO Resolutions | |
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Introduction | |
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Juridical Nature of Resolutions of International Organizations | |
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Juridical Nature of the IMO Resolutions on Ballast Water | |
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The IMO Resolutions on Ballast Water and National Law | |
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The Evolution of the IMO Resolutions on Ballast Water | |
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Resolution 18, Research into the Effect of Discharge of Ballast Water Containing Bacteria of Epidemic Diseases (31 October 1973) | |
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IMO Assembly Resolution A.774(18), Guidelines for Preventing the Introduction of Unwanted Organisms and Pathogens from Ships' Ballast Water and Sediments Discharges (4 November 1993) | |
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IMO Assembly Resolution A.868(20), Guidelines for the Control and Management Ship's Ballast Water to Minimize the Transfer of Harmful Aquatic Organisms and Pathogens (27 November 1997) | |
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Conclusions Regarding the IMO Resolutions | |
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The 2004 International Convention for the Control and Management of Ships' Ballast Water and Sediments | |
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Introduction | |
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Text | |
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Application | |
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Definitions | |
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Principles | |
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The Precautionary Principle | |
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International Cooperation and Transfer of Technology | |
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The No Harm Principle: Prohibition of Transboundary Pollution | |
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Flag State Obligations and Jurisdiction | |
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Obligations | |
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Jurisdiction | |
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Port and Coastal States Obligations and Rights | |
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Sediment Reception Facilities | |
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Communication of Information | |
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Inspection | |
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Protected Areas (Tier 2) | |
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Procedures for Port State Control | |
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Port and Coastal States' Jurisdiction | |
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Annex | |
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Section A - General Provisions | |
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Section B - Management and Control Requirement for Ships | |
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Section C - Special Requirement in Certain Areas | |
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Section D - Standards for Ballast Water Management | |
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Section E - Survey and Certification Requirements for Ballast Water Management | |
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Guidelines | |
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Entry into Force | |
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Amendments | |
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Dispute Settlement Provisions | |
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Sovereignty and the BWM Convention | |
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Conclusions Regarding the BWM Convention | |
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Conclusion | |
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GloBallast Legislative Review: Brazilian Case Study | |
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Introduction | |
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Unilateral Acts and Ballast Water | |
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The Brazilian GloBallast Legislative Review | |
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Executive Summary | |
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Brazilian Legal Framework | |
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Conclusions | |
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Conclusion | |
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Bibliography | |
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Annexes | |
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International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 | |
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Guidelines required under the BWM Convention and adopted by IMO/MEPC Resolutions | |
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Resolution MEPC.152(55), Guidelines for Sediment Reception Facilities (G1) | |
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Guidelines on Ballast Water Sampling (G2) (pending) | |
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Resolution MEPC.123(53), Guidelines for Ballast Water Management Equivalent Compliance (G3) | |
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Resolution MEPC.127(53), Guidelines for Ballast Water Management and Development of Ballast Water Management Plans (G4) | |
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Resolution MEPC.153(55), Guidelines for Ballast Water Reception Facilities (G5) | |
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Resolution MEPC.124(53), Guidelines for Ballast Water Exchange (G6) | |
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Resolution MEPC.162(56), Guidelines for Risk Assessment Under Regulation A-4 of the BWM Convention (G7) | |
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Resolution MEPC.125(53), Guidelines for Approval of Ballast Water Management Systems (G8) | |
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Resolution MEPC.126(53), Procedure for Approval of Ballast Water Management Systems that Make Use of Active Substances (G9) | |
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Resolution MEPC.140(54), Guidelines for Approval and Oversight of Prototype Ballast Water Treatment Technology Programmes (G10) | |
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Resolution MEPC.149(55), Guidelines for Ballast Water Exchange Design and Construction Standards (G11) | |
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Resolution MEPC.150(55), Guidelines on Design and Construction to Facilitate Sediment Control on Ships (G12) | |
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Resolution MEPC.161(56), Guidelines for Additional Measures Regarding Ballast Water Management Including Emergency Situations (G13) | |
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Resolution MEPC.151(55), Guidelines on Designation of Areas for Ballast Water Exchange (G14) | |
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Guidelines for Port State Control (pending) | |
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Resolution MEPC.56/23 Guidelines for Ballast Water Exchange in the Antarctic Treaty Area | |
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Guidelines for Flag State Surveys and Inspections (pending) | |
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IMO Resolution A.868(20), 1997, Guidelines for the Control and Management of Ships' Ballast Water to Minimize the Transfer of Harmful Aquatic Organisms and Pathogens | |
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Draft of National Legislation on Ballast Water | |
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Index | |