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- Arguello, Gabriela, 1983, et al.
(författare)
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Introduction to Regulation of Risk
- 2023
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Ingår i: in Basu Bal, et al., Regulation of Risk: Transport, Trade and Environment in Perspective. - Leiden : Brill. - 9789004518667 ; , s. 1-27
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Bokkapitel (refereegranskat)
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| 2. |
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Regulation of Risk: Transport, Trade and Environment in Perspective
- 2023
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- Regulation of Risk provides comprehensive insight into regulation of risk in transport, trade and environment. Contributions provide national, regional and international perspectives on pressing questions: How is risk conceived in light of novel technological deployment, climate change, political upheaval, evolving geopolitics, and the COVID-19 pandemic? What legal tools such as contractual frameworks and governance structures are available to manage the changing landscape of risk? This book highlights the importance of dialogue and collaborative decision-making on risk between policymakers, institutions, societal stakeholders and the scientific community.
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| 3. |
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| 4. |
- Arguello, Gabriela, 1983, et al.
(författare)
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Asian States and the (Global) Arctic Consequences for the environmental governance of the Arctic Ocean
- 2022
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Ingår i: NESS - Nordic Environmental Social Science Conference: Emergency and transformation.
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- As ice recedes, the governance of the Arctic Ocean is changing. Once considered a frozen desert with little or no relevance to the legal system, climate change has gradually transformed the Arctic Ocean into a common concern area. The active involvement of Asian states, i.e., China, India, Japan, Singapore, and South Korea, in regional cooperation arrangements, including the Arctic Council, economic investments in extractive industries, interest in new navigational routes, national building capacities, and ongoing research agenda suggests the emergence of a global object of governance. However, the geopolitics of the Arctic is changing. The 2022 Russian invasion of Ukraine and the geopolitical differences among Asian States may bring to the fore the fragmentation of Arctic governance into multiple and discrete objects of governance. Law is also creating new governance spaces, including the Central Arctic Ocean. In this paper, we take a geopolitical and legal perspective to discuss the environmental repercussions of a changing Arctic. We argue that soft cooperation mechanisms are the most promising pathway to maintaining a global Arctic.
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| 5. |
- Arguello, Gabriela, 1983
(författare)
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Climate Policy Dilemmas in Offshore Wind Power and Sub-Seabed Carbon Storage Governance
- 2023
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Ingår i: The Annual NCLOS Conference - 2023: Ocean Commons.
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- The ocean is progressively transforming into the last frontier to pursue ambitious climate objectives. While climate action is often presented positively, it does not always lead to win-win scenarios. In fact, climate action can often cause social, environmental, and economic conflicts. A case in point is the deployment of offshore wind power and sub-seabed carbon storage. Climate mitigation calls for an energy system transition where electricity generation is diversified with renewable energy sources. In such diversification, the ocean has been identified as a crucial space to develop a wide range of renewable energy technologies, including wind, tidal, wave, solar and thermal energy. Undoubtedly, offshore wind power is the most developed technology with a significant deployment capacity. Yet, offshore wind power is riddled with trade-offs since the ocean is an already crowded space. Offshore wind energy, for example, may be accompanied by conflicts between ocean users. Furthermore, some evidence indicates that offshore renewable energy projects may significantly impact the marine environment. Another technological development gaining increasing political support is carbon capture and storage (CCS). Over the years, CCS has been recognized as an integral part of the portfolio of measures to mitigate climate change. The deployment of this technology at a large scale will depend on the transboundary transportation of CO2 streams by ships and the availability of sub-seabed storage. Yet, important questions remain unanswered, including the responsibility for long-term stewardship of storing sites and liability for potential leakages. The decision to turn towards the ocean to implement large-scale climate policy highlights the persistent inclusion of the marine space within the extractive imaginary of human societies as evinced in the evolution of the law of the sea. Such imaginary constructs the ocean as a commodity; now, in the Anthropocene, the ocean can fix the climate. This presentation identifies the dilemmas in the governance of offshore wind power and carbon storage and explains how climate technology will impact the governance of the ocean commons. I also analyze available legal pathways to balance climate action and marine environmental protection.
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| 6. |
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| 7. |
- Arguello, Gabriela, 1983
(författare)
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Environmentally sound Management of Ship Wastes: challenges and opportunities for European ports
- 2020
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Ingår i: Journal of Shipping and Trade. - : Springer Science and Business Media LLC. - 2364-4575. ; 5:12, s. 1-21
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Tidskriftsartikel (refereegranskat)abstract
- Ship wastes are incidentally regulated within the regime of marine pollution and the prevention of ship-source pollution is heavily reliant on the provision of adequate port reception facilities on land. However, the coordination between these facilities and further downstream management operations is still an unresolved issue. This paper examines from a legal perspective the challenges and opportunities related to the management of wastes generated on-board vessels after they are discharged to port reception facilities. Ship wastes are studied from a European Union (EU) law perspective and the author evaluates the integration of ship waste management within wider EU waste legislation and national waste management plans.
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| 8. |
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| 9. |
- Arguello, Gabriela, 1983
(författare)
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Fixing Lines in the Sea: Climate Change and Maritime Entitlements
- 2023
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Ingår i: Maritime Law Perspectives Old and New: Volume II. - : NOVA. - 9798886977783
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Bokkapitel (refereegranskat)abstract
- In August 2021, Pacific Islands States signed the “Declaration on Preserving Maritime Zones in the Face of Climate Change Related Sea-Level Rise.” This declaration is the latest in a series of deliberate efforts to maintain maritime entitlements despite abrupt and considerable changes to the coastal front prompted by sea-level rise. Considering that baselines and maritime zones measured from such baselines are ambulatory, regional State practice in the Pacific is a much-needed call for a more nuanced interpretation of the relevant provisions of the United Nations Convention on the Law of the Sea (UNCLOS). In this chapter, the author analyzes two proposals to preserve maritime entitlements, i.e., maintaining the baseline and maintaining the outer limits of maritime zones. The analysis considers the work of the International Law Association (ILA) Committee on International Law and Sea Level Rise and the International Law Commission (ILC) open-ended Study Group on Sea-level Rise in Relation to International Law.
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| 10. |
- 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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