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Vol 24 No 12 Dec 19/Jan 20

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Merkin and Flannery on the Arbitration Act 1996

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Marine Pollution, Shipping Waste and International Law

ISBN13: 9780367180980
Published: August 2019
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00

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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.

Environmental Law
List of figures and tables
Part I: Preliminaries
Chapter 1: Introduction
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
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
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
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
International treaties
European Union Law
Table of cases
International documentation
European Union documentation
National Documentation