| 1. |
- Arguello, Gabriela, 1983, et al.
(författare)
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Ice Management Research and the Arctic Marine Environment
- 2023
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Ingår i: in Basu Bal Abhinayan, Rajput Trisha, Argüello Gabriela, and Langlet David Regulation of Risk: Transport, Trade and Environment in Perspective. - Leiden : Brill. - 9789004518681 ; , s. 63-97
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Bokkapitel (refereegranskat)abstract
- The Arctic Ocean plays a fundamental role in climate regulation. However, the ice is rapidly disappearing, threatening the Arctic Ocean’s capacity to regulate the global climate. Even if State parties to the 2015 Paris Agreement fully implement the Convention, these efforts will most likely not prevent, at least not until mid-century, the ongoing warming of the Arctic Ocean. Novel scientific research advances the possibility of deploying geoengineering techniques to restore Arctic sea ice to its historical levels. Ice management techniques are claimed to be different from traditional solar radiation management (SRM) techniques since the former are regionally constrained and potentially reversible. However, serious concerns have already been raised about these apparently innocuous techniques. Geoengineering elicits a high degree of risk and for this reason, an open public discussion of geoengineering research can no longer wait. This chapter analyses geoengineering research governance with particular emphasis on the Arctic Ocean and novel ice management techniques. There is no comprehensive legal regulation on geoengineering research. The common international policy standpoint appears to be ‘governance before deployment.’ However, we argue that ‘governance before research’ is just as crucial.
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| 2. |
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| 3. |
- Flodén, Jonas, 1974, et al.
(författare)
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Risk in Transporting Dangerous Goods via RoRo and RoPax Shipping
- 2023
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Ingår i: Regulation of Risk - Transport, Trade and Environment in Perspective. - Leiden : Brill. - 9789004518681 ; , s. 315-352
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Bokkapitel (refereegranskat)abstract
- The purpose of this chapter is to examine how regulations for dangerous goods applicable to RoRo and RoPax shipping in Northern Europe affect transport chain operations and the overall risk of transport. It also explains the general structure and operations of RoRo and RoPax shipping for readers familiar with law but not necessarily with logistics or shipping
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| 4. |
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| 5. |
- Krabbe, Niels
(författare)
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High Seas Marine Protected Areas: Impact on Shipping and the IMO
- 2023
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Ingår i: Regulation of Risk: Transport, Trade and Environment in Perspective. - Boston : Brill. - 9789004518681 ; , s. 392-417
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Bokkapitel (refereegranskat)abstract
- In recent years it has become increasingly recognized that the high seas conceal some of the world’s richest ecosystem. High seas biodiversity appears to be highly varied, and particularly prolific in certain hotspots. These have come under increasing threat as the result of the cumulative impact of maritime activities, including shipping. As a result of these findings, calls have increased for protecting sensitive areas by declaring marine protected areas (MPAs) with restrictions on human activities, including shipping. These calls gained support by the adoption of the Sustainable Development Goals (SDGs) which in Goal 14 particularly sets out to conserve coastal and marine areas. Similar objectives also follow from the Convention on Biological Diversity. Under the law of the sea, a new treaty for biodiversity beyond national jurisdiction (BBNJ) is entering its final negotiation, aiming inter alia to provide a legal basis for high seas MPAs, foremost by ensuring the cooperation, coordination and involvement of relevant existing rules organisations. The BBNJ treaty is thereby expected to develop the pre-existing rules under the 1982 United Nations Law of the Sea Convention (UNCLOS) which have been considered insufficient for declaring effective and globally accepted high seas MPAs. Focusing on the impact on shipping, this chapter examines the draft text on high seas MPAs of the new BBNJ treaty and discusses why its objectives requires the cooperation of the International Maritime Organization (IMO). Among the regulatory concepts of the IMO, it appears that the application of Particularly Sensitive Sea Areas (PSSA) is central to achieve its objectives. Based on an investigation of regional attempts to establish high seas MPAs and previous PSSA proposals, the outlook for applying such measures to MPAs decided under the new BBNJ treaty is discussed. In order to facilitate cooperation and promote more informed decisions on MPAs it is suggested that further evaluation of the impact on shipping should be carried out, including the potential trade-offs between biodiversity protection and climate impact.
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| 6. |
- Langlet, David, 1977-
(författare)
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Shipping and the Ecosystem Approach
- 2023
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Ingår i: Regulation of Risk. - Leiden; Boston : Brill Nijhoff. - 9789004518681 - 9789004518667 ; , s. 418-450
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Bokkapitel (refereegranskat)abstract
- Shipping is a global activity, and its environmental impacts are largely regulated in a harmonized way at the international level. This minimizes the impediments to navigation that may result from a regulatory landscape characterised by local variation. The ecosystem approach on the other hand calls for measures to be adaptable to the specific conditions at ecologically relevant scales. This results in a tension between core tenets of ecosystem-based management and the established practice for regulating international shipping. While there is some room for coastal States to set area-specific rules for shipping when warranted by local conditions, the competence for doing so is circumscribed, and beyond the territorial sea little can be done without international agreement. There is potential for making better use of some existing legal instruments, both by individual States and by the international community, to enable better responsiveness to local conditions. Recent years have also seen increased international recognition of the need for affording special protection to some areas, such as the polar regions. Local measures should only be sought when there is clear value in area-based management at that level. This is the case for some environmental pressures, but not for others. The centralised nature of the regulation of shipping creates a pressure for international standards that are stringent enough to make additional measures superfluous in most cases.
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| 7. |
- Martinson, Claes, 1964
(författare)
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Some Perils of Turning Small Ships into Big Boats: On the Relevance of Addressing the Real Issues in Law
- 2022
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Ingår i: Regulation of Risk – Transport, Trade and Environment in Perspective. - Leiden Boston : Brill. - 9789004518681 ; , s. 500-521
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- The Swedish Maritime Code largely regulates relationships related to subjects (people, companies, etc) who handle ships. According to a central definition in the Swedish Maritime Code 1:2, vessels can be ships or boats. Relatively recently, this definition was changed. The formal effect of this change was that small ships became big boats. With the new definition, the smallest ships, with a length between 12 and 24 meters, are no longer ships. This chapter is about observations on theoretical effects of a change of a legal definition. These observations are primarily relevant when it comes to understanding legal thinking and methodology. What I underline with this chapter is the relevance of addressing typical conflicts of interest in a direct way, that is without letting the objects get in the way of the understanding.
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| 8. |
- Ratcovich Leopardi, Martin, 1984-
(författare)
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Autonomous Shipping: Some Reflectionson Navigational Rights and Rescue at Sea
- 2022
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Ingår i: Regulation of Risk. - Leiden Boston : Brill Nijhoff. - 9789004518681 ; , s. 451-470
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Bokkapitel (refereegranskat)abstract
- Until recently, autonomous shipping seemed mostly a theoretical and futuristic vision of technical pioneers and innovative ship builders. However, technical land slides and major economic interests have contributed significantly to the prospect of autonomous shipping. The idea of autonomous and unmanned ships sailing on the seas raises several pertinent legal questions. Legal obstacles are also often said to exist in this area impeding the introduction of new technology. Drawing on an operative focus, the chapter examines key rules and principles concerning navigational rights and rescue at sea in the context of autonomous shipping. In addition to the general law of the sea, the examination encompasses some more specific instruments such as the International Convention for the Safety of Life at Sea, the International Convention for Maritime Search and Rescue and the International Convention on Salvage. Using a legal perspective, the chapter discusses questions like ‘Do autonomous ships enjoy navigational rights in the same way as conventional/non-autonomous ships?’, ‘Are coastal States right to regulate foreign autonomous ships different than other ships?’ and ‘Are autonomous ships subject to the same requirements under international law concerning rescue at sea as other ships?’. In conclusion, the chapter argues that autonomous and unmanned ships are in a predominately similar position as other ships when it comes to navigational rights, and that autonomous and unmanned ships are in some respects outside the scope of international maritime rescue law.
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