Current Maritime Issues and the International Maritime Organization

Current Maritime Issues and the International Maritime Organization

In "Current Maritime Issues and the International Maritime Organization," leading experts thoughtfully consider the most pressing issues confronting the International Maritime Organization, as the IMO celebrates its fiftieth anniversary.

Author: Myron H. Nordquist

Publisher: Martinus Nijhoff Publishers

ISBN: 9041112936

Category: Law

Page: 460

View: 855

In "Current Maritime Issues and the International Maritime Organization," leading experts thoughtfully consider the most pressing issues confronting the International Maritime Organization, as the IMO celebrates its fiftieth anniversary. The papers in this publication were originally presented at the Twenty-Third Annual Seminar of the Center for Oceans Law and Policy (COLP), University of Virginia School of Law, an event co-hosted with the IMO in January, 1999, at its headquarters in London. Subjects covered were maritime safety, marine environmental protection, flag State implementation and port State control, IMO's interface with the Law of the Sea Convention, IMO Legal Committee work, and broader questions of IMO regulations and oceans policy. "Current Maritime Issues and the International Maritime Organization" also includes keynote papers by Sir Robert Jennings, the distinguished former President of the International Court of Justice; Ms Glenda Jackson, the United Kingdom Under-Secretary of State and Minister of Shipping; and Ambassador Satya N. Nandan, the Secretary-General of the International Seabed Authority.
Categories: Law

Maritime Law in Motion

Maritime Law in Motion

This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects.

Author: Proshanto K. Mukherjee

Publisher: Springer Nature

ISBN: 9783030317492

Category: Law

Page: 796

View: 823

This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers’ affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.
Categories: Law

Sustainable Shipping

Sustainable Shipping

The book concludes by discussing prospects for the future, with a focus on the IMO Initial Strategy. "This book contains a unique wealth of information on sustainable shipping.

Author: Harilaos N. Psaraftis

Publisher: Springer

ISBN: 9783030043308

Category: Business & Economics

Page: 477

View: 373

International shipping is currently at a crossroads. The decision of the International Maritime Organization (IMO) in April 2018 to adopt an Initial Strategy so as to achieve by 2050 a reduction of at least 50% in maritime greenhouse gas (GHG) emissions vis-à-vis 2008 levels epitomizes the last among a series of recent developments as regards sustainable shipping. It also sets the scene on what may happen in the future. Even though many experts and industry circles believe that the IMO decision is in line with the COP21 climate change agreement in Paris in 2015, others disagree, either on the ground that the target is not ambitious enough, or on the ground that no clear pathway to reach the target is currently visible. This book takes a cross-disciplinary view of the various dimensions of the maritime transportation sustainability problem. “Cross-disciplinary” means that a variety of angles are used to examine the book topics, and these mainly include the technological angle, the economics angle, the logistics angle, and the environmental angle. The book reviews models that can be used to evaluate decisions, policy alternatives and trade-offs. For sustainable shipping, a spectrum of technical, logistics-based and market based measures are being contemplated. All may have important side-effects as regards the economics and logistics of the maritime supply chain, including ports and hinterland connections. The objective to attain an acceptable environmental performance, while at the same time respecting traditional economic performance criteria so that shipping remains viable, is and is likely to be a central goal for both industry and policy-makers in the years ahead. At the same time, policy fragmentation is likely to create distortions of competition and sub-optimal solutions. This book attempts to address these issues and identify better solutions. /divSustainable Shipping: A Cross-Disciplinary View includes chapters that cover many relevant topics. These include a general view of maritime transport sustainability, green ship technologies, information and communication technologies (ICTs) for sustainable shipping, green tramp ship routing and scheduling, green liner network design and speed optimization. Market based measures, oil pollution, ship recycling, sulphur emissions, ballast water management, alternative fuels and green ports are also covered. The book concludes by discussing prospects for the future, with a focus on the IMO Initial Strategy. "This book contains a unique wealth of information on sustainable shipping. The knowledge it provides is rigorous, complete, and well supported by statistics, technical reports, and scientific references. The treatment of the various topics is not only informative but also analytical and critical." —Gilbert Laporte, Maritime Economics & Logistics (12 May, 2020)
Categories: Business & Economics

The European Union in the International Maritime Organization Which Role Should the EU Play

The European Union in the International Maritime Organization  Which Role Should the EU Play

Seminar paper from the year 2020 in the subject Law - European and International Law, Intellectual Properties, grade: 19/20, Sciences Po., Paris, course: Law of external relations of the EU, language: English, abstract: It is clear to the ...

Author: Sophia Milusheva

Publisher: GRIN Verlag

ISBN: 9783346386588

Category: Law

Page: 15

View: 621

Seminar paper from the year 2020 in the subject Law - European and International Law, Intellectual Properties, grade: 19/20, Sciences Po., Paris, course: Law of external relations of the EU, language: English, abstract: It is clear to the EU that shipping is an activity of international nature that requires intensive communication between involved parties and thus cannot be managed well by a single country. Following, the increasing involvement of the EU in the IMO has to be recognized and investigated. It should be considered which role the EU should play in the IMO, and how this role and expectations thereof have evolved over the years. To explore this, this paper firstly lays out the shipping policies of the IMO and the EU, before moving to the position that the EU holds within the IMO through its status and participation. Then, a timeline of the Commission’s attempts of obtaining a full membership is explored, explaining international and Member States’ responses. Finally, the paper explicitly addresses the legal challenges of reaching a full EU membership and elaborates on the duty of loyalty. The paper finds out that there are both advantages and disadvantages of an EU membership in the IMO through the Commission, and suggests that instead, a reinforced coordination between the EU and its Member States might be the better and more realistic solution for the EU/IMO relationship. The European Union made out of its 27 Member States spreads over 70,000 km along fours seas and two oceans. 41% of the world’s fleet is controlled by European companies. The EU plays a crucial role in the shipping world, and is responsible for ensuring the sustainability of the marine environment in order for its sea-related companies to be competitive and thrive. Another entity that shares these responsibilities of “safe, secure and efficient shipping on clean oceans” is the UN’s International Maritime Organization, established in 1948. Albeit its significant role in international maritime decision-making, the EU is not a member of the IMO, as membership is reserved for states only. The EU possesses the most advanced and comprehensive regulatory framework for shipping worldwide – the 3rd Maritime Safety Package. However, internationally an opinion has been formed that the EU’s approach is rather regional and unilateral and could thus possibly undermine the authority of international law.
Categories: Law

International Organizations as Self directed Actors

International Organizations as Self directed Actors

Keyuan, Zou, “Seeking Effectiveness for the Crackdown of Piracy at Sea,” Journal of International Affairs 59, no. 1 (2005): 117–34. Kurz, G.E., “Implementing IMO Regulations and Oceans Policy,” in Current Maritime Issues and the ...

Author: Joel E. Oestreich

Publisher: Routledge

ISBN: 9780415782913

Category: LAW

Page: 301

View: 647

This text illustrates and advances the argument that International Organizations (IOs) need to be taken seriously as actors in world affairs. The text examines recent theories that suggest how IOs are able to set their own policies and implement them in meaningful ways.
Categories: LAW

The Oxford Handbook of the Law of the Sea

The Oxford Handbook of the Law of the Sea

Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts.

Author: Donald Rothwell

Publisher: Oxford Handbooks in Law

ISBN: 9780198715481

Category: Law

Page: 1073

View: 835

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. ThisOxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. TheHandbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.
Categories: Law

The International Law on Ballast Water

The International Law on Ballast Water

“Residual jurisdiction under IMO regulatory conventions,” in Competing Norms in the Law of Marine Environmental ... state implementation and port state control,” in Current Maritime Issues and the International Maritime Organization, ...

Author: Maria Helena Fonseca de Souza Rolim

Publisher: BRILL

ISBN: 9789004180789

Category: Law

Page: 424

View: 353

"In providing a broad overview of the legal aspects related to marine pollution caused by ballast water and tank sediments, this book offers a pragmatic analysis of the current international legal system, and includes principles of international customary law and also references to a comprehensive environmental treaty law framework which relates the Ballast Water Convention to other treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), MARPOL and the Convention on Biological Diversity." From the Foreword by Efthimios E. Mitropoulos
Categories: Law

Navigational Rights and Freedoms and the New Law of the Sea

Navigational Rights and Freedoms  and the New Law of the Sea

This book assesses the navigational regime established by the 1982 Convention, with emphasis given to the continuing importance of the freedom of the seas.

Author: Donald R. Rothwell

Publisher: Martinus Nijhoff Publishers

ISBN: 9041114998

Category: Law

Page: 400

View: 537

Navigational rights and freedoms have been central to the development of the law of the sea since the original debates over whether the seas were 'open' or 'closed' to maritime traffic. The 1982 UN Convention on the Law of the Sea recognises the legitimate rights of coastal states to proclaim sovereignty and assert jurisdiction over vast areas of maritime space. In return, maritime states are given a range of navigational rights over waters ranging from the territorial sea through to the high sea. The new regime of the law of the sea created by the Convention presents an opportunity to review developments in the law of navigational rights and freedoms. This book assesses the navigational regime established by the 1982 Convention, with emphasis given to the continuing importance of the freedom of the seas. Navigation in the territorial sea and international straits is reviewed, especially in the Straits of Malacca and Singapore, and the Torres Strait. Archipelagic navigation from the perspective of two claimant states, Indonesia and the Philippines, and a user state, South Korea, is also considered. The interaction of environmental concerns with navigational rights is an important feature of the current law of the sea regime with relevant conventions assessed and the role of the International Maritime Organization in developing navigational standards considered. Both European and Canadian practice in the protection of sensitive marine environments and the impact upon navigational rights is also considered. Finally, the roles of the International Tribunal for the Law of the Sea and the International Maritime Organization in dispute resolution are reviewed, before a concluding consideration of the future for navigational rights and freedoms in the twenty-first century.
Categories: Law

Coastal State Jurisdiction over Ships in Need of Assistance Maritime Casualties and Shipwrecks

Coastal State Jurisdiction over Ships in Need of Assistance  Maritime Casualties and Shipwrecks

Angelo J, 'The International Maritime Organization and Protection of the Marine Environment' in Myron Nordquist and John Norton Moore (eds), Current Maritime Issues and the International Maritime Organization (Martinus Nijhoff ...

Author: Iva Parlov

Publisher: BRILL

ISBN: 9789004515079

Category: Law

Page: 379

View: 289

In Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks, Iva Parlov takes a systemic approach in providing a holistic and dynamic understanding of the legal issues raised by ships in peril in the contemporary context.
Categories: Law

Marine Environment Protection and Biodiversity Conservation

Marine Environment Protection and Biodiversity Conservation

3.3.1 Background to the Organization The International Maritime Consultative Organization (IMCO)19 was conceived ... M. Nordquist and J.N. Moore (eds) Current Maritime Issues and the International Maritime Organization (The Hague, ...

Author: Julian Roberts

Publisher: Springer Science & Business Media

ISBN: 9783540376996

Category: Law

Page: 289

View: 144

Despite the potential benefits that the IMO's Particularly Sensitive Sea Area (PSSA) designation can deliver, recent practice within the IMO and by individual member states has considerably undermined confidence in this emerging concept. The focus of this book is on the events within the IMO that have led to this lack of confidence arising. In the process, this book presents an examination of coastal State practice with the PSSA concept.
Categories: Law