The IMLI Manual on International Maritime Law : Volume III: Marine Environmental Law and Maritime Security Law

This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume III is devoted to the marine environmental law and maritime security law. The first part of Volume III deals in depth with issues of most fundamental importance in the contemporary world, namely how to protect the marine environment from pollution from ships, land-based sources, seabed activities, and from or through air. In explaining these types of pollution, various conventions concluded under the auspices of the IMO (such as MARPOL 73/78 and the 1972 London Convention) and soft law documents are analysed. The volume also includes chapters on the conventions relating to pollution incident preparedness, response, cooperation, and the relevance of regional cooperation. It additionally discusses liability and compensation for pollution damage. The second part of volume III examines an issue of increasing importance in a world threatened by terrorism, piracy, and drug-trafficking. Chapters in this part cover the topics of piracy; stowaways; human trafficking; illicit drugs; terrorism; military uses of the sea; and new maritime security threats, such as the illegal dumping of hazardous wastes and toxic substances, as well as illegal, unreported, and unregulated fishing. Cover THE IMLI MANUAL ON INTERNATIONAL MARITIME LAW Copyright Dedication FOREWORD PREFACE ACKNOWLEDGEMENTS IMO INTERNATIONAL MARITIME LAW INSTITUTE TABLE OF CONTENTS Table of Cases Table of Legislation List of Abbreviations List of Contributors PART ONE MARINE ENVIRONMENTAL LAW SECTION A— GENERAL 1. State Jurisdiction in Relation to the Protection and Preservation of the Marine Environment (Maria Gavouneli) 1.1 The Flag State 1.2 The Coastal State 1.3 The Port State SECTION B—PREVENTION OF MARINE POLLUTION 2. The International Convention for the Prevention of Pollution from Ships (MARPOL) (Malgosia Fitzmaurice) 2.1 Pollution from Ships: Introduction and Historical Development 2.2 The International Convention for the Prevention of Pollution from Ships (MARPOL): Historical Development (with Special Attention to Annex I) 2.3 The MARPOL: General Structure and Underlying Principles 2.4 The MARPOL Annexes 2.5 MARPOL Special Areas and Particularly Sensitive Areas 2.6 Enforcement of MARPOL 2.7 The European Union and the MARPOL 2.8 The Evaluation of MARPOL 2.9 Conclusion 3. Pollution from Dumping (Hossein Esmaeili and Brendan Grigg) 3.1 Introduction 3.2 Convention on the Law of the Sea 1982 3.3 The London Convention Regime 3.4 The 1996 London Protocol 3.5 Responding to Climate Change 3.6 Regional Sea Dumping Arrangements 3.7 1992 OSPAR Convention 3.8 Dumping in the Antarctic Region 3.9 The Madrid Protocol and its Annexes III and IV 3.10 United Nations Environment Programme Regional Protocols 3.11 Dumping of RadioactiveWaste 3.12 Precautionary Principles and Dumping ofWaste at Sea 3.13 Conclusion 4. Pollution from Seabed Activities (Ricardo Pereira) 4.1 Introduction 4.2 The Impact of the Offshore Extractive Industries on the Marine Environment 4.3 The International Regulation of Pollution from Seabed Activities 4.4 Liability and Compensation for Environmental Damage 4.5 Regional Developments 4.6 The Case for a Global Convention Establishing Liability and Safety Standards for Offshore Activities 4.7 Conclusions 5. Regulation of Land-Based Marine Pollution (Yoshifumi Tanaka) 5.1 Introduction 5.2 Global Legal Framework for Regulating Land-Based Marine Pollution 5.3 Development of Regional Treaties Regulating Land-Based Marine Pollution 5.4 Ensuring Compliance 5.5 Conclusions 6. Pollution of the Marine Environment from or Through the Atmosphere (James Harrison) 6.1 Introduction 6.2 Scope and Nature of the Problem 6.3 Pollution from or through the Atmosphere under UNCLOS 6.4 Regulation and Control of Sulphur Oxides and Particulate Matter 6.5 Regulation and Control of Nitrogen Oxides 6.6 Regulation and Control of Greenhouse Gas (GHG) Emissions 6.7 Application and Enforcement of the International Regulations on Air Pollution from Ships 6.8 Conclusion and Challenges for the Future SECTION C—RESPONSE TO MARINE POLLUTION CASUALTIES 7. Conventions Relating to Pollution Incident Preparedness, Response, and Cooperation (Gabino Gonzalez and Frédéric Hébert) 7.1 Introduction 7.2 International Legal Framework Overview 7.3 Regional Legal Framework Overview 7.4 Cooperation 7.5 Analysis of International and Regional Legal Instruments on Pollution Incident Preparedness, Response, and Cooperation 7.6 Conclusions 8. Intervention on the High Seas in Cases of Pollution Casualties (Agustin Blanco-Bazán) 8.1 Introduction 8.2 The Intervention Convention and UNCLOS Article 221: The EEZ factor 8.3 Historical Background Leading to the Adoption of the Intervention Convention 8.4 The Right to Intervention in UNCLOS and its Relationship with the Intervention Convention 8.5 Analysis of UNCLOS Article 221 and the Intervention Convention 8.6 Intervention and Places of Refuge 8.7 Implementation of the Right to Intervention into Domestic Law SECTION D—LIABILITY AND COMPENSATION FOR POLLUTION DAMAGE 9. Liability and Compensation for Ship-Source Pollution (Måns Jacobsson) 9.1 The Development of the International Regimes 9.2 The Regime Relating to Liability and Compensation for Tanker Oil Spills 9.3 International Convention on Liability for Bunker Oil Pollution Damage (Bunkers Convention) 9.4 The Regime Relating to Damage Caused by Hazardous and Noxious Substances SECTION E—REGIONAL APPROACHES TO THE PROTECTION OF THE MARINE ENVIRONMENT 10. Regional Seas Programme: The Role Played by UNEP in its Development and Governance (Elizabeth Maruma Mrema) 10.1 Introduction 10.2 Context of the Regional Seas Programme 10.3 Overview of the Regional Seas Action Plans, Conventions, and Protocols 10.4 Institutional Arrangements 10.5 Financial Arrangements 10.6 Conclusion—UNEP Regional Seas Programme at Crossroads PART TWO MARITIME SECURITY LAW 11. Piracy, Hijacking, and Armed Robbery Against Ships (Markiyan Z. Kulyk) 11.1 Introduction 11.2 Brief Historic Endeavour: Privateering 11.3 UNCLOS 11.4 SUA 11.5 Hostage Convention 11.6 Efforts to Strengthen Legal Regime against Piracy within the United Nations Security Council 12. Maritime Terrorism and the Illicit Trafficking in Arms (Riyaz Hamza) 12.1 Introduction 12.2 Maritime Terrorism 12.3 The Illicit Trafficking in Arms 12.4 Conclusion 13. The Suppression of Unlawful Acts Against the Safety of Maritime Navigation (Reto A. Dürler) 13.1 Introduction 13.2 The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and its Protocol 13.3 The Revised Convention Contained in the New SUA Protocols 14. Ship and Port Facility Security (James Kraska) 14.1 Introduction 14.2 The ISPS Code 14.3 Ship Security—Exclusive Flag State Jurisdiction 14.4 Port Facility Security—Port State Control 14.5 Interface between Ships and Port Facilities 15. The Illicit Trafficking of Drugs (Efthymios Papastavridis) 15.1 Introduction 15.2 Multilateral Treaty Law Bases for Interdiction of Drug Trafficking Vessels 15.3 Bilateral Treaty-Law Bases for Interdiction of Drug Trafficking Vessels 15.4 Customary Law Bases for Interdiction of Drug Trafficking Vessels 15.5 Concluding Remarks 16. The Human Element of Maritime Crime: Stowaways, Human Trafficking, and Migrant Smuggling (Patricia Mallia) 16.1 Maritime Security and Irregular People Flows 16.2 Stowaways 16.3 Maritime Migrant Smuggling and Trafficking in Individuals 16.4 Safeguarding Human Rights Protection through Cooperation 17. New Marine Security Threats (Darren Calley, Karen Hulme, and David Ong) 17.1 Introduction 17.2 Illegal Dumping of HazardousWastes and Toxic Substances 17.3 Illegal, Unreported and Unregulated (IUU) Fishing 17.4 Marine Geo-Engineering 17.5 Conclusions 18. Military uses of the Sea (Natalino Ronzitti) 18.1 Introduction 18.2 Military Uses 18.3 Naval Interdiction: Blockade and Quarantine 18.4 Insurgency and CivilWar 18.5 The PSI and the 2005 SUA Protocol 18.6 Self-defence on the High Seas 18.7 Showing the Flag: Challenging Excessive Claims 18.8 War Games and Rules of the Road 18.9 NuclearWeapons/Weapons of Mass Destruction Free Zones 18.10 The Peaceful Purposes Clause and the Notion of Zones of Peace 18.11 The Immunity of ForeignWarships 18.12 Air Defence and Identification Zones (ADIZ) 18.13 Carrying on Enforcing Measures Mandated/Allowed by the Security Council 18.14 Military Use of the Sea inWartime 18.15 The Control of Contraband 18.16 War Zones and Total Exclusion Zones Index This Three-volume Manual On International Maritime Law Presents A Systematic Analysis Of The History And Contemporary Development Of International Maritime Law By Leading Contributors From Across The World. Prepared In Cooperation With The International Maritime Law Institute, The International Maritime Organization's Research And Training Institute, This A Uniquely Comprehensive Study Of This Fundamental Area Of International Law. Volume Iii Is Devoted To The Marine Environmental Law And Maritime Security Law. The First Part Of Volume Iii Deals In Depth With The Issues Of Most Fundamental Importance In The Contemporary World, Namely How To Protect The Marine Environment From Pollution From Ships, Pollution From Land-based Sources, Pollution From Seabed Activities, And Pollution From Or Through Air. In Explaining These Types Of Pollution, Various Conventions Concluded Under The Auspices Of The Imo (such As Marpol 73/78 And The 1972 London Convention) And Soft Law Documents Are Analyzed. The Volume Also Includes Chapters On The Conventions Relating To Pollution Incident Preparedness, Response, Cooperation, And The Relevance Of Regional Cooperation. This Volume Additionally Discusses Liability And Compensation For Pollution Damage. The Second Part Of Volume Ii, Dedicated To Maritime Security Law, Includes Chapters Dealing With Piracy; Stowaways; Human Trafficking; Illicit Drugs; Terrorism; Military Uses Of The Sea; And New Maritime Security Threats. "This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact." -- Publisher's web site This is the first of a three-volume set which will bring together the law of the sea, shipping law, maritime environmental law, and maritime security law. This volume focuses on the international law of the sea, providing a detailed assessment of this area of law by leading practitioners and eminent scholars. This is the third of a three-volume set that brings together the law of the sea, shipping law, maritime environmental law, and maritime security law. This first part of Volume III discusses how to protect the marine environment from pollution, and the second part is dedicated to Maritime Security law.