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Enforcing International Maritime Legislation on Air Pollution through UNCLOS

By: Jesper Jarl Fanø
Media of Enforcing International Maritime Legislation on Air Pollution through UNCLOS
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Published: 26-12-2019
Format: EPUB eBook (?)
Edition: 1st
Extent: 432
ISBN: 9781509927784
Imprint: Hart Publishing
RRP: £108.00
Online price : £86.40
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About Enforcing International Maritime Legislation on Air Pollution through UNCLOS

This book explores the scope and applicability of the United Nations Convention on the 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 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 and sanctioning. Part III builds upon the conclusions of Part II in relation to the enforcement of other legislation adopted by the International Maritime Organization (IMO), including regulations on Greenhouse Gases (GHG) which the IMO is set to adopt through its GHG Strategy. 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 specific IMO regulations on GHG could, in the future, be considered peremptory norms of a 'jus cogens' character, and addresses the potential legal implications.

Table Of Contents

PART I
ENFORCEMENT OF EMISSIONS LEGISLATION THROUGH UNCLOS
1. Introduction
2. The Regulation of Sulphur in MARPOL Annex VI
3. UNCLOS
4. Port State Control
5. The EU and the Sulphur Directive Pertaining to UNCLOS
6. Basic Jurisdictional Principles of International Law

PART II
SPECIAL OBLIGATIONS AND JURISDICTIONS UNDER UNCLOS PART XII TO ENFORCE AIR POLLUTION REGULATIONS
7. Protecting the Environment: UNCLOS Part XII
8. Special Obligations of the Flag State: Article 217
9. Special Jurisdiction for Coastal States: Article 220
10. The Special Jurisdiction for Port States: Article 218
11. Resolving Overlapping Jurisdiction: Article 228(1)
12. Safeguards, Liability and the Settlement of Disputes
13. Enforcement of Sulphur Regulations: Conclusion

PART III
ENFORCEMENT OF EXISTING IMO REGULATIONS AND THE IMO GHG STRATEGY
14. Enforcement of Existing IMO Regulations
15. Enforcement of Candidate Measures Relating to the IMO GHG Strategy

PART IV
CAN IMO'S FUTURE GHG REGULATION BE PROTECTED BY JUS COGENS?
16. Jus Cogens and Erga Omnes: General Description
17. Whether Some International Environmental Norms Can be Considered Jus Cogens
18. Future IMO Regulation on Fossil Fuels as a Jus Cogens Norm
19. Conclusion

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