9781509927784 (epub) 9781509927760 (hardback) 1509927786 150992776X
"This book explores the scope and applicability of chapter XII of the United Nations Conventions on Law of the Sea (UNCLOS), relating to the enforcement of international maritime legislation on air pollution. It focuses on enforcement of Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL Annex VI) and the strengthened global sulphur limit which comes into force in 2020. The book also examines enforcement of the international regulatory measures on Greenhouse Gasses (GHG) for shipping which the UN's International Maritime Organization (IMO) is set to adopt through its GHG Strategy. The first chapters in Part I provide an overall introduction to relevant regulations of MARPOL Annex VI, UNCLOS, Port State Control (PSC), the EU Sulphur Directive and basic jurisdictional principles of international law. Part II analyses the amplified enforcement and notifying obligations of UNCLOS chapter XII placed on flag States and the broadened jurisdictions for port and coastal States to enforce. This includes extraterritorial enforcement by port States on the high seas and how overlapping jurisdictions are resolved. These theoretical discussions on jurisdiction are tied to practical applications pertaining to PSC, detention and sanctions. Part III builds upon the conclusions of Part II in relation to the enforcement of other IMO legislation. Finally, with the increased environmental challenges relating to global warming, and given the special legal status of ships, Part IV offers an analysis of whether the IMO's regulatory measures on GHG could, in the future, be considered peremptory norms of a 'jus cogens' character, also addressing the legal implications relating to State responsibility and enforcement"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction The Regulation of Sulphur in MARPOL Annex VI UNCLOS Port State Control The EU and the Sulphur Directive Pertaining to UNCLOS Basic Jurisdictional Principles of International Law Protecting the Environment: UNCLOS Part XII Special Obligations of the Flag State: Article 217 Special Jurisdiction for Coastal States: Article 220 The Special Jurisdiction for Port States: Article 218 Resolving Overlapping Jurisdiction: Article 228(1) Safeguards, Liability and the Settlement of Disputes Enforcement of Sulphur Regulations: Conclusion Enforcement of Existing IMO Regulations Enforcement of Candidate Measures Relating to the IMO GHG Strategy Jus Cogens and Erga Omnes : General Description Whether Some International Environmental Norms Can be Considered Jus Cogens Future IMO Regulations on Fossil Fuels as a Jus Cogens Norms Conclusion.
Digital File Characteristics
Source of Description
Description based on online resource; title from digital title page (ProQuest, viewed June 1, 2020)
Available in Other Form
Print version: Fanø, Jesper Jarl. Enforcing international maritime legislation on air pollution through UNCLOS Oxford ; New York : Hart, 2019.