Particularly sensitive sea areas : the IMO's role in protecting vulnerable marine areas /

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Bibliographic Details
Author / Creator:	Kachel, Markus J.
Imprint:	Berlin : Springer, c2008.
Description:	1 online resource (376 p.)
Language:	English
Series:	Hamburg studies on maritime affairs, 1614-2462 ; v. 13 Hamburg studies on maritime affairs ; v. 13.
Subject:	International Maritime Organization. International Maritime Organization. Marine resources conservation -- Law and legislation. Marine biodiversity conservation -- Law and legislation. Marine pollution -- Law and legislation. Environmentally sensitive areas. Environmentally sensitive areas. Marine biodiversity conservation -- Law and legislation. Marine pollution -- Law and legislation. Marine resources conservation -- Law and legislation.
Format:	E-Resource Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/8885787

Hidden Bibliographic Details
ISBN:	9783540787785 354078778X 9783540787792 3540787798
Notes:	Based on the authors' thesis (doctoral)--University of Hamburg, 2008. Includes bibliographical references (p. [343]-372) and index. Description based on print version record.
Summary:	"Designations of large Particularly Sensitive Sea Areas (PSSAs) triggered a controversial debate within the International Maritime Organisation (IMO) concerning the legal basis of PSSAs, the relationship between the IMO's PSSA guidelines and UNCLOS, as well as the competency of IMO to adopt mandatory protective measures in these areas. As a result, IMO conducted a review process which led to substantially updated guidelines adopted in late 2005." "This book provides a detailed analysis of the PSSA guidelines and protective measures available in PSSAs. Emphasis is placed on their legal basis and the implications for coastal states' jurisdiction over vessel-source pollution." --Book Jacket.
Other form:	Print version: Kachel, Markus J. Particularly sensitive sea areas. Berlin : Springer, c2008 9783540787785 354078778X

Table of Contents:

Abbreviations
Introduction
I. Global Shipping and the Marine Environment
II. Particularly Sensitive Sea Areas and the International Maritime Organization
III. Aims of this treatise
IV. Synopsis
Part 1. The Marine Environment: Oceans under Threat
Chapter 1. The Oceans - Utilisation and Conflicts
I. The Marine Environment: Subject and Purpose of Protection
1. Oceans and seas - main physical and chemical properties
2. Functions of the Oceanic Ecosystem
a. Habitat for Flora and Fauna
aa. Benthos
bb. Pelagic Environment
cc. Example: Coastal Areas
dd. Example: Deep Sea
b. Buffer within the Climate System
c. Food Repository
d. Intrinsic Value
II. Conflicting Uses of the Oceans
1. Shipping
2. Tourism
3. Off-shore Mining
4. Fishing and Exploitation of other Living Marine Resources
5. Energy Production
III. Concluding Remarks
Chapter 2. Threats to the Marine Environment: Pollution and Physical Damage
I. Sources of Pollution
II. Types of Pollutants
1. Hydrocarbon Compounds
2. Persistent Toxic Substances
3. Heavy Metals
4. Radioactive Materials
5. Nutrients
3. Heavy Metals
4. Radioactive Materials
5. Nutrients
III. Shipping-Related Threats to the Marine Environment
1. Operational Pollution
2. Accidental Pollution
3. Damage to Habitats and Animals
Part 2. Instruments to Protect Specific Marine Areas
Chapter 3. Protection of Specific Marine Areas
I. Introduction to the Concept of Marine Protected Areas
1. Historical Development and Basic Definitions
2. Underlying Rationale
II. Establishing Marine Protected Areas
1. Location, Size and Scientific Criteria
2. Objectives
3. Administration and Management: Prerequisite for Success of MPAs
III. Related Developments in International Environmental Policy
Chapter 4. Protection of Marine Areas in International Law - Basic Principles
I. Introduction: Acceptance in International Law versus Unilateral Measures
II. Relevant Principles of International Environmental Law and International Law of the Sea
1. Traditional Ocean Governance: Freedom of Navigation
2. Compliance with Standards: Principle of Flag-State Enforcement
3. Principle of Sustainable Development
4. Principle of Preventive Action
5. Precautionary Principle
III. United Nations Convention on the Law of the Sea
1. Basic Rules for the Protection of the Marine Environment
2. Maritime Zones as Determinants of the Protective Regime
a. Territorial Sea
b. Exclusive Economic Zone
c. High Seas
d. Straits used for International Navigation
e. Archipelagic Waters
f. Unique Characteristics of Port State Jurisdiction
3. Special Rules for Areal Protection in Part XII of UNCLOS
4. Incorporation of IMO Regulations through UNCLOS Rules of Reference
5. Relation to other Multilateral Agreements
IV. Implications of the Convention on Biological Diversity
V. Summarising Remarks
Chapter 5. Marine Protected Areas in Multilateral Instruments
I. Global International Law
1. Protective Mechanisms of the MARPOL Convention
a. Special Areas
aa. Procedural Aspects
bb. Substantive Aspects
b. SO x Emission Control Areas
2. Ramsar Sites
3. UNESCO World Heritage Sites & Biosphere Reserves
II. Regional International Law
1. Kingston SPAW Protocol
2. Barcelona Protocol
3. Helsinki Convention: Establishing a Network of Baltic Sea Protected Areas
4. OSPAR Convention
5. Nairobi SPA Protocol
6. Antarctic Specially Protected Areas under the Antarctic Treaty System
7. Other Regional Agreements
III. Concluding Remarks: Similarities - Contrasts - Improvement Opportunities
Part 3. Particularly Sensitive Sea Areas: an IMO Instrument to Protect Marine Areas
Chapter 6. Protection of the Marine Environment through IMO within the System of International Institutions
I. International Organisations Addressing Marine Matters
II. Legal Framework of IMO Efforts to Protect the Marine Environment
1. Legislative Competences of International Organisations
a. Means of Establishing Rules and Standards
b. Determination of the Legal Quality: Binding and Recommendatory Acts
2. Legal Basis for the Work of IMO
III. Instruments Established and Governed by IMO
1. Multilateral Treaties: Conclusion and Amendment
2. Soft-Law Instruments Adopted by IMO
3. Some Remarks on the Impact of IMO Instruments on Marine Environment Protection
Chapter 7. Development and Structure of the PSSA Concept: Implementation and Coordination of Protective Measures
I. IMO Assembly Resolution A.982(24): Implementing the Concept
1. Content and Structure of the Guidelines
2. Development of the Guidelines and Adoption by the Assembly in 1991
3. Review 2001 and 2005: Reasons and Results
II. Designation: Requirements and Procedures
1. Criteria for Particular Sensitivity
2. Risks Posed by International Shipping
3. Size and Biogeographical Characteristics of the Area
4. Establishment of Protected Area Networks
5. Designation Procedure within IMO
a. Course of the Procedure
b. Requirements for Proposing Governments
III. Consequences of a Designation
1. Charting of PSSAs and APMs
2. Enforcement of Protective Measures
3. Protection without Protective Measures
4. Additional obligations for the Applying State to Protect the PSSA
IV. Concluding Remarks
Chapter 8. Associated Protective Measures as the Essential Part of a PSSA
I. Protective Measures Pursuant to the PSSA Guidelines
1. Legal Bases: Paragraph 7.5.3 of the PSSA Guidelines
a. Section (i) and (ii)
b. Section (iii)
2. Preliminary Findings
II. Options for Protective Measures
1. Navigational Aids
a. Routeing Measures
b. Ship Reporting Systems
c. Vessel Traffic Services
d. Pilotage
2. Discharge Restrictions
3. Standards concerning Construction, Design, Equipment and Manning of Ships
4. Other Measures
III. Establishment of APMs in Buffer Zones and Outside PSSAs
IV. Procedural Requirements and Assessment of APM Proposals
V. Similarities and Differences of Hitherto Designated Areas
1. Marine Areas Designated as PSSAs
2. Approved APMs
3. Rejected APMs
4. Particularly Sensitive Sea Areas - Overview
Part 4. The PSSA Concept - Analysis and Assessment
Chapter 9. Comparison between PSSAs and other Regimes in International Law
I. Protecting Vulnerable Marine Areas in International Law: Synopsis
1. Particularities of Protective Regimes
a. Procedural Issues
b. Criteria and Prerequisites for Protection
c. Availability and Enforcement of Protective Measures
2. Comparative Remarks
II. Relationship of the Protective Regimes: Progression towards Collaboration
1. Attempt to Systematise Protective Approaches: Are PSSAs Marine Protected Areas?
2. Synergies of the PSSA Concept and other Regimes
III. Summarising Remarks
Chapter 10. Legal Quality of the PSSA Guidelines and their Effect on Jurisdiction to Implement and Enforce Protective Measures
I. IMO Assembly Resolution A.982(24)
1. Legal Basis and Character of the PSSA Guidelines
2. Binding Force of PSSAs and their Associated Protective Measures
a. PSSAs and Article 211(6) of UNCLOS
b. Implementation of General Obligations Contained in Part XII of UNCLOS
c. APMs as Generally Accepted International Rules and Standards
aa. Feasibility of this Interpretation
bb. Legality of this Interpretation
3. Preliminary Remarks
II. Implications for the Balance between Environment Protection and Freedom of Navigation
1. Modification of the Status Quo - Legislation and Enforcement
a. Territorial Sea
aa. Legislative Jurisdiction
bb. Enforcement Jurisdiction
b. Exclusive Economic Zone
c. Straits and Archipelagic Waters
2. Summarising Remarks
a. PSSA Status: Additional Rights or Added Value?
b. Modified Interpretation of Indeterminate Legal Terms
3. Long-term Implications: Contribution to Customary International Law?
III. PSSAs on the High Seas - Competences and Responsibilities
1. Preliminary Considerations and Political Initiatives
2. Legal Framework for High-Seas MPAs
3. Existing High-Seas Specially Protected Zones
4. Options for the Implementation of the PSSA Concept on the High Seas
IV. Main Findings
Chapter 11. PSSAs and Ocean Governance: Current Interdependencies and Prospects for Future Developments
I. Past Achievements: the PSSA Concept's Impact on Ocean Governance
1. Interzonal Approach to Coastal State Jurisdiction for Marine Environment Protection
2. Cooperation between States
3. Influence on other IMO Instruments: Evolution of Routeing Measures
4. Application of a Precautionary Approach to Marine Environment Protection
II. Perspectives for Future Developments of the Concept
1. Recent Challenges to the Concept
a. Designations of Large and Disparate Marine Areas
b. Consequences: Redesign of the PSSA Concept
2. Initial Suggestions for a Future Protective Regime
a. Determining the Adequate Instrument to Develop a Multilateral MPA Regime
b. Material Legal Prerequisites
c. Institutional Arrangements
III. Concluding Remarks
Summary
Annex
Bibliography
Index

Particularly sensitive sea areas : the IMO's role in protecting vulnerable marine areas /

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