Marine pollution, shipping waste and international law

著者

• Argüello Moncayo, Gabriela

書誌事項

Marine pollution, shipping waste and international law

Gabriela Argüello

（Routledge research in environmental law）

Routledge, 2020

• : hbk

注記

"Based on author's thesis (doctoral - Gèteborgs universitet, 2017) issued under title: Environmentally sound management : its status and role in the sea-land interface regulation of wastes" -- T.p. verso

Includes bibliographical references (p. [231]-260) and index

収録内容

• Environmentally sound management of wastes (ESM)
• Wastes
• Transboundary movements of wastes
• Ship-source pollution
• The sea/land interface waste management dilemma
• ESM and the transboundary movement of waste regime
• The ESM of ship wastes : the sea/land interface
• The management of ship wastes : the sea-land interface
• International law and (ship) waste management

内容説明・目次

内容説明

Waste management poses increasing challenges to both the protection of the environment and to human health. To face these challenges, this book claims that environmental law needs to shift attention from media-specific pollution regimes to integrative life-cycle approaches of waste management i.e., from the prevention of waste generation to the actual handling of wastes. Furthermore, the cooperation of States and the establishment of coordinated activities is essential because states can no longer have separate standards for wastes posing transboundary risks and for 'purely domestic' wastes. Drawing upon both International and EU law, the book provides a detailed analysis of the regimes set up to deal with the transboundary movement of wastes and ship-source pollution, so as to elucidate the obligations and legal principles governing such regimes. It concludes that treaty obligations concerning transboundary movements of wastes are inapplicable to ship wastes while on board ships and on land. However, despite the limitations of the transboundary movement of wastes regime, the principle of Environmentally Sound Management (ESM) embodied in this regime has gradually transformed into a legal principle. ESM works to address the legal gaps in the regulation of wastes, and consequently, it provides the desired coherence to the legal system since it acts as a bridge between several regulatory and sectoral levels. Furthermore, ESM offers a new light with which to understand and interpret existing obligations, and it provides a renewed impetus to regimes that directly and indirectly govern wastes. This impetus translates into greater coordination and the establishment of cross-sectional policies. By offering alternative ways to solve problems linked to the management of ship wastes in the sea-land interface, this book will appeal to anyone with an interest in International Environmental Law.

目次

TABLE OF CONTENTS Abbreviations List of figures and tables Part I: Preliminaries Chapter 1: Introduction Background A life-cycle approach to waste management The relevance of international law in the regulation of wastes ESM and sustainable development Theoretical framework Chapter 2: Environmentally Sound Management of Wastes (ESM) ESM: its roles Legal status of ESM: from policy objective and treaty obligation to customary law Sovereignty and ESM Concluding remarks: ESM and permanent sovereignty over natural resources 3. Wastes A re-examination of the legal concept of waste Ship wastes Wastes subject to transboundary movements of wastes Transboundary movement of wastes and ship wastes: an analysis of Article 195 of the LOSC Concluding remarks Part II: Regulation of transboundary movements of wastes and ship wastes Chapter 4: Transboundary movements of wastes From transboundary pollution to pollution transfer The Basel Convention The OECD legal framework of transboundary movements of wastes EU law and shipments of wastes Concluding remarks Chapter 5: Ship-source Pollution Marine pollution An overview on ship-source marine pollution MARPOL EU and ship wastes Concluding remarks Part III: The ESM of wastes Chapter 6: The sea/land interface waste management dilemma Genesis of the controversy at the international level Blending operations on board ships: the initial controversy The management of ship wastes on land: the current controversy The EU and the management of ship wastes in their sea/land interface Chapter 7: ESM and the transboundary movement of waste regime The growing importance of ESM within the Basel regime Legal nature of the ESM obligation ESM: meaning and substantive content ESM at the OECD level ESM at the EU level Concluding Remarks Chapter 8: The ESM of ship wastes: the sea/land interface The ESM of ship wastes at the international level The ESM of ship wastes at the EU level Forthcoming regulation on port reception facilities PART IV: Conclusions Chapter 9: The management of ship wastes: the sea-land interface Conflicts of law Chapter 10: International Law and (ship) waste management The integrative function of ESM: possibilities and limitations Final reflection Appendix I: Management of cargo residues (MARPOL, Annex II) in the Baltic Sea area Appendix II: Survey results concerning the collection of cargo residues (MARPOL, Annex II) in the Baltic Sea area References International treaties European Union Law Table of cases Bibliography International documentation European Union documentation National Documentation Miscellaneous

「Nielsen BookData」 より

詳細情報

• NII書誌ID(NCID): BB29535521
• ISBN:
  • 9780367180980
• LCCN: 2019017105
• 出版国コード: uk
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: Abingdon, Oxon ; New York, N.Y.
• ページ数/冊数: xii, 270 p.
• 大きさ: 24 cm
• 分類:
  • LCC : K3592.5
  • DC23 : 344.04/6343
• 件名:
  • LCSH : Ships -- Waste disposal -- Law and legislation
• 親書誌ID:
  • BB05954519