| 1. |
- Arguello, Gabriela, 1983, et al.
(författare)
-
Introduction to Regulation of Risk
- 2023
-
Ingår i: in Basu Bal, et al., Regulation of Risk: Transport, Trade and Environment in Perspective. - Leiden : Brill. - 9789004518667 ; , s. 1-27
-
Bokkapitel (refereegranskat)
|
|
| 2. |
-
Regulation of Risk: Transport, Trade and Environment in Perspective
- 2023
-
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.
|
|
| 3. |
|
|
| 4. |
- Arguello, Gabriela, 1983, et al.
(författare)
-
Asian States and the (Global) Arctic Consequences for the environmental governance of the Arctic Ocean
- 2022
-
Ingår i: NESS - Nordic Environmental Social Science Conference: Emergency and transformation.
-
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.
|
|
| 5. |
- Arguello, Gabriela, 1983
(författare)
-
Climate Policy Dilemmas in Offshore Wind Power and Sub-Seabed Carbon Storage Governance
- 2023
-
Ingår i: The Annual NCLOS Conference - 2023: Ocean Commons.
-
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.
|
|
| 6. |
|
|
| 7. |
- Arguello, Gabriela, 1983
(författare)
-
Environmentally sound Management of Ship Wastes: challenges and opportunities for European ports
- 2020
-
Ingår i: Journal of Shipping and Trade. - : Springer Science and Business Media LLC. - 2364-4575. ; 5:12, s. 1-21
-
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.
|
|
| 8. |
|
|
| 9. |
- Arguello, Gabriela, 1983
(författare)
-
Fixing Lines in the Sea: Climate Change and Maritime Entitlements
- 2023
-
Ingår i: Maritime Law Perspectives Old and New: Volume II. - : NOVA. - 9798886977783
-
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.
|
|
| 10. |
- Arguello, Gabriela, 1983, et al.
(författare)
-
Ice Management Research and the Arctic Marine Environment
- 2023
-
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
-
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.
|
|
| 11. |
- Arguello, Gabriela, 1983
(författare)
-
International Organizations and Regime Interaction: Friends or Foe? : PANEL 13 International Organisations and Beyond: Shifts in Global Governance
- 2021
-
Ingår i: 10th Annual Cambridge International Law Conference: National Sovereignty and International Co-operation: The Challenges of Navigating Global Crises.
-
Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- This paper discusses the possibilities and limits to establish synergies among legal regimes through international organizations. The author draws on institutional cooperation between the International Maritime Organization (IMO) and the following institutions and treaty organs. First, the office of the United Nations High Commissioner for Refugees (UNHCR) concerning the rescue of migrants at sea and disembarkation to a place of safety and second, the subsidiary bodies of the Basel Convention on Transboundary Movement of Wastes (Basel Convention) about ships' recycling. This article highlights the regime interaction between the law of the sea and refugee law and the law of the sea and international environmental law. The study shows that while international organizations contribute to the coordination among international law branches, such coordination has political, legal, and normative limitations. Political limitations indicate that international organizations proliferate and interact without an established hierarchy in the decentralized international law arena. The duplication of activities in different fora indicates that institutions preserve their power sphere to maintain their competences intact. Legal limitations refer to international organizations' competences to engage in such institutional cooperation and the results of such collaboration in creating, implementing, and enforcing international law. Normative limitations refer to incompatible and inconsistent legal obligations. Incompatible obligations are those that generate a conflict per se between norms since the "observance or application of one norm necessarily or possibly involves the violation of the other." Inconsistencies refer to a broader conflict perspective where divergences are not the result of contradictory obligations. Such inconsistencies result from legal regimes' underlying historical and political development, which ultimately shape their objectives and legally frames a particular issue.
|
|
| 12. |
|
|
| 13. |
- Arguello, Gabriela, 1983
(författare)
-
Large-scale collective action in the Arctic Ocean: the role of international organizations in climate governance
- 2021
-
Ingår i: Ocean and Coastal Management. - : Elsevier BV. - 0964-5691. ; 211
-
Tidskriftsartikel (refereegranskat)abstract
- The Arctic Ocean plays a significant role in regulating the Earth’s climate, yet its environment is particularly vulnerable to the effects of climate change. Facing climate change requires concerted action. Based on the premise that spontaneous collaboration diminishes in large-scale collective action problems, this paper discusses, from a legal perspective, the opportunities and limitations that Arctic international organizations face to translate climate change’s global regulatory regime into regional settings and to foster collective action. This translation occurs when organizations become collaborative platforms joining several stakeholders, including states, governmental and non-governmental institutions, and civil society organizations. Collective action is also strengthened when organizations display a wide array of regulatory capacities. International organizations face several limitations about Arctic climate governance due to institutional fragmentation, the emergence of new Arctic stakeholders, and the increasing focus on inter-state cooperation that effectively leaves aside non-state stakeholders. These developments could eventually erode this regional governance system.
|
|
| 14. |
- Arguello, Gabriela, 1983, et al.
(författare)
-
Marine ecosystem bodies as entangled environments and entangled laws: drones and the marine environment
- 2023
-
Ingår i: American Journal of International Law Unbound. - 2398-7723. ; 117, s. 145-150
-
Tidskriftsartikel (refereegranskat)abstract
- The adoption of the 1982 UN Convention on the Law of the Sea (UNCLOS) and the steady development of international environmental law in the twentieth century shaped the marine environment as an object of legal protection. However, the exponential growth of substantive obligations to protect the marine environment, conserve marine biodiversity, and prevent marine pollution, has been largely ineffective due to lack of enforcement. Unmanned aerial vehicles (UAVs) deployed for marine environmental protection are seen, in scholarship and policy, as a means to close the enforcement gap, thereby revolutionizing the field by significantly increasing states’ maritime awareness. In contrast, our tentative analysis shows that while UAVs can translate complex environmental concerns into data readily available for analysis and action, such datafication of marine environments comes with high risks. More specifically, datafication enables multiple uses of gathered data, including for surveillance, military, and commercial purposes. These concerns tend to fall outside current debates on the international regulation of the use of UAVs in marine environments. In our essay, we explore whether international law recognizes the possibilities and risks involved in deploying UAVs into the marine environment. We draw on doctrinal and posthuman feminist legal approaches to analyze how UAVs interact with the wider context of “marine ecosystem bodies” in terms of international law, as well as how those terms may need to be reconfigured to accommodate the complexity of the many actors, agents, and materials of marine ecosystems.
|
|
| 15. |
- Arguello, Gabriela, 1983
(författare)
-
Meshed Offshore Grids in the North Sea: Legal Opportunities and Challenges
- 2024
-
Ingår i: Harnessing the Wind: Offshore Wind Power’s Regulatory Framework. - Åland.
-
Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- The European Union (EU) has made a commitment to achieving climate neutrality by 2050 and offshore renewable energy is set to play a vital role in the European energy transition. The North Seas offer ample potential for the development of offshore wind power where the EU, by 2050, aims to achieve a capacity of 300GW. However, this development will require the deployment of grid infrastructure (converter stations, export and interconnector cables) to support electricity generation. While individual states could connect with cable infrastructure to offshore wind farms, meshed offshore grids are considered a cost-efficient and resilient alternative to connect two or more national electricity systems. Meshed offshore grids align with EU policy, yet legal ambiguities at international and EU levels and differences among national regulatory frameworks have hindered their development. Cooperation on grid development in the North Seas dates back to 2009, when Belgium, Denmark, France, Germany, Ireland, Luxembourg, the Netherlands, Sweden and the United Kingdom launched the ‘North Seas Countries Offshore Grid Initiative (NSCOGI).’ In 2010 a Memorandum of Understanding set up three working groups dealing respectively with grid implementation, market and regulation, and permissions and planning. This cooperation forum was later extended to the ‘North Sea Energy Cooperation’ (NSEC), with the further participation of Norway. In September 2022, Energy Ministers from NSEC agreed on a non-binding target to reach at least 260GW of offshore wind energy by 2050. Sweden, however, failed to propose a specific national target. Based on the North Seas context, this presentation analyzes the meaning and legal status of offshore transmission assets under the law of the sea and the Regulation (EU) 2022/869 on guidelines for trans-European energy infrastructure, (TEN-E) Regulation. Following this analysis, the paper identifies legal preconditions for the deployment of meshed offshore grids. Particular attention is given to the Baltic Sea experience in the regulation of meshed offshore grids in the Kriegers Flak – Combined Grid Solution.
|
|
| 16. |
- Arguello, Gabriela, 1983
(författare)
-
Multi-use ocean spaces and offshore wind energy
- 2023
-
Ingår i: International Workshop “Developing Robust and Sustainable Ocean Regimes for Uncertain Futures”. - Singapore : Yong Pung How School of Law - Singapore Management University.
-
Konferensbidrag (refereegranskat)abstract
- Many states have ambitious plans to build large offshore renewable energy projects on an already crowded marine space to meet the climate change challenge. While reducing anthropogenic greenhouse gas (GHG) emissions is imperative to succeed in climate change mitigation; it is equally crucial to preserve marine ecosystems. The development of large-scale offshore renewable energy presents multiple legal dilemmas, including how to balance climate action and marine environmental protection, as well as how to manage potential conflicts arising from competing uses of the same environment. In light of the international law of the sea, the paper engages in a comparative legal analysis between states leading the development of large offshore wind energy, to wit, China, Germany and Scotland, to determine the preconditions allowing the development of multi-use ocean spaces and coexistence between multiple users. The uses analyzed in this paper are fisheries and aquaculture. The former has been identified as a marine use subject to displacement, while the latter has a strong potential for coexistence. The author concludes that promoting multi-use ocean spaces through Marine Spatial Planning (MSP) can contribute to the resilience and robustness of international law of the sea by reducing conflicts and promoting cooperation among ocean users. In addition, Strategic Environmental Assessments (SEAs) play a vital role in identifying suitable locations for offshore renewable energy projects, potentially minimizing their environmental impacts and conflicts.
|
|
| 17. |
|
|
| 18. |
|
|
| 19. |
- Arguello, Gabriela, 1983
(författare)
-
Opportunities for Protecting Biological Diversity in the Arctic Ocean
- 2022
-
Ingår i: The Yearbook of Polar Law. - : Brill. - 1876-8814 .- 2211-6427. ; 13:1, s. 127-153
-
Tidskriftsartikel (refereegranskat)abstract
- The paper analyses the opportunities to establish marine protected areas (MPAs) beyond national jurisdiction in the Arctic Ocean. For this, the author scrutinises the legal processes allowing UNCLOS to adapt to current and future ocean governance challenges concerning biological diversity and the limits of such adaptability. Some significant limitations are found in areas beyond national jurisdiction (ABNJ) in the Arctic Ocean. The low political commitment of Arctic States to cooperate in fora such the Arctic Council leaves the ABNJ of the Arctic Ocean in a very precarious situation. With extensive areas of the seabed potentially falling under national jurisdiction and the water column remaining as ‘high seas,’ there is a possibility that Arctic cooperation will be eroded.
|
|
| 20. |
|
|
| 21. |
- Arguello, Gabriela, 1983
(författare)
-
Regime Interaction and GAIRS : Chapter 2
- 2020
-
Ingår i: Maritime Law in Motion - Editors, Proshanto Mukherkee, Maximo Mejia, Jingjing Xu. - Switzerland : Springer. - 2196-8772 .- 2196-8780. - 9783030317485 ; , s. 15-37
-
Bokkapitel (refereegranskat)
|
|
| 22. |
- Arguello, Gabriela, 1983, et al.
(författare)
-
Regulation of ships at anchor: Safety and environmental implications
- 2022
-
Ingår i: Marine Policy. - : Elsevier BV. - 0308-597X .- 1872-9460. ; 140
-
Tidskriftsartikel (refereegranskat)abstract
- Ships waiting at anchor are associated with considerable environmental pressures and impacts. Growing and congested anchoring areas are receiving increasing scholarly attention to understand the environmental effects caused by large sea-going ships anchoring in coastal waters. While there is a lack of studies addressing the entire spectrum of environmental pressures and impacts from ships at anchor, ranging from scouring of the seafloor, operational emissions and discharges and waste from maintenance carried out while at anchor, it is well established that anchoring is associated with such pressures. This article takes a problem-oriented approach since there are potential cumulative environmental impacts of ships waiting at anchor. From both a public and private law perspective, we examine the legal structures and challenges associated with the regulation of ships waiting at anchor. We also analyze the public and private law factors that may limit the ability to prevent harmful anchoring practices. Our examination shows that while coastal states have significant jurisdictional powers to regulate anchoring in coastal waters, the current international regulatory framework addresses anchoring incidentally and lacks mechanisms for considering the cumulative impacts of anchoring. Furthermore, the incentives for ships to spend a considerable amount of time at anchor appear to differ substantially across different types of charterparties. Improved regulation requires better scientific knowledge, substantial mapping of legal structures, and a stakeholder survey providing a basis for the exploration of potential contractual practices that may reduce market incentives for anchoring.
|
|
| 23. |
- Arguello, Gabriela, 1983, et al.
(författare)
-
Rights of nature and the legal architecture of the oceans
- 2022
-
Ingår i: Act! Sustainable Research Conference 2022.
-
Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- Recent studies on ocean connectivity show that humans and the marine environment are inextricably intertwined (Rogers, 2014; Popova et al. 2019) and that the oceans deliver vital ecosystem services for maintaining living conditions on Earth. Although our existence hangs in the balance, human activities continue to severely impact the ocean's natural systems. Marine biodiversity loss and climate change bring to the fore the legal system’s role in preserving the socio-ecological balance of the marine environment. Undoubtedly, the Law of the Sea has been fertilized by developments taking place in environmental law (e.g., ecosystem approach, area-based management tools). However, the Law of the Sea’s ethos continues to rely on the jurisdictional division of the ocean into maritime zones and the protection of the marine environment is mostly sectoral. Systemic fragmentation problems are rife in the Law of the Sea because institutions, decision-makers and legislation are developed along these sectoral lines with little connectivity. In this current ethos, States play a fundamental stewardship role, but socio-environmental concerns have been overridden by resource-grabbing practices (Ranganathan 2019). To further complicate matters, effects of environmental degradation are felt far away from its sources making it difficult to apply key principles such as the precautionary principle. This is because key factors such as the relevant State/stakeholder and data are changeable as interests and priorities change. Scholars, such as Cloutier de Repentigny (2020) suggest revisiting ‘human geological agency’ to deconstruct current State sovereignty and jurisdiction. The Rights of Nature (RoN) approach goes to the heart of the existing system and argues for reorganizing interests and priorities. This reorganisation is necessary because environmental law principles have failed to mitigate harmful ecological practices and adapt to global ecological change. (Kotzé, 2019). By including Nature as a subject of law with rights, conversations about the governance of the oceans can transcend sectoral and State-centred boundaries. Theoretically, we utilise the RoN approach as a critical lens to examine the role of law where interests are multisectoral and challenges ecologically connected. This approach follows the recognition by the UN General Assembly that a “paradigm shift from a human-centric society to an Earth-centred global ecosystem” is needed to ensure a resilient planet (UN Doc. A/75/266 (2020)). From a practical perspective, the we discuss whether RoN has been legally considered in a marine environmental setting. We pay special attention to States leading this discourse such as Ecuador whose 2008 Constitution recognizes Nature as a subject of rights. Arguably, Ecuador’s constitutional recognition could be seen as a pathway from anthropocentric to biocentric law. Our analysis focuses on the jurisprudence developed by States on this issue such as the Ecuadorian Constitutional Court’s reasonings in the 2015 Marmeza case where the Court explicitly acknowledged that aquaculture activities taking place at the Cayapas Mataje Mangrove Ecological Reserve violated the rights of nature. We finally reflect on the potential offered by RoN to re-imagine the law of the sea beyond inter-state rules.
|
|
| 24. |
- Arguello, Gabriela, 1983, et al.
(författare)
-
Science diplomacy and Asian states: Transforming the governance landscape in the Arctic
- 2023
-
Ingår i: Polar Record. - 0032-2474 .- 1475-3057. ; 59:e41, s. 1-10
-
Tidskriftsartikel (refereegranskat)abstract
- As ice recedes, the governance of the Arctic is undergoing a significant change. What was once considered a frozen desert with little relevance to the legal system, the Arctic has gradually become a global object of governance. Furthermore, the growing political salience of the Arctic Ocean has generated interest in its governance beyond Arctic states, particularly Asian states such as China, India, Japan, Singapore and South Korea. These countries have been actively participating in regional cooperation arrangements, including the Arctic Council. Undoubtedly, science diplomacy has been an important driver in shaping the governance of the Arctic and maintaining it as a low-tension area. However, this perception is now being put to the test following the Russian invasion of Ukraine. Amidst this crisis, we explore whether science diplomacy can continue to promote peaceful collaboration in the Arctic region. Our research suggests that science diplomacy could potentially aid in the future of Arctic governance, particularly with regard to the involvement of Asian states. We analyse the legal and geopolitical factors involved in determining the potential roles of Asian states in Arctic governance, including whether they could serve as a bridge between the West and Russia or if their actions might further fragment Arctic governance.
|
|
| 25. |
- Arguello, Gabriela, 1983
(författare)
-
Situationality of Global Risks: The Role of International Organizations in Climate Governance
- 2020
-
Ingår i: Ninth Annual Cambridge International Law Conference – 2020 Webinar Series.
-
Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- Global risks such as climate change, requires collective action. Considering that spontaneous collaboration diminishes in large-scale collective action problems; fostering such collaboration demands: a) situationality, i.e., “a process of spatial/local confinement of global trends … in the absence of situationality, global vibes are meaningless for individuals and groups” and b) third party intervention becomes essential to foster collective action. This paper analyzes the third-party international institutional arrangement concerned with Arctic climate change management. Such analysis will provide insights on whether this third-party intervention counteracts stressors found on large scale collective action problems, e.g., anonymity, heterogeneity, uncertainty/risk, and inactivity. Taking into account the facilitators in place, e.g., hard and soft law regulatory capacities of international organizations, the paper evaluates whether a collective action has been fostered and the challenges that this third-party intervention face to sustain collective action. The paper analyzes climate regulatory measures on the Arctic due to its significant role in the regulation of the earth's climate. Despite the global system on climate change, the focus is centered on those institutions having a direct impact on the Arctic to assess whether global scale in which climate change is framed is translated into regional settings. This translation, coupled with the ubiquitous nature of climate change, inevitably requires a discussion regarding legal and spatial scales and their correspondent interactions. Law and space are intimately connected. Categorizing a particular issue such as climate change as a global and common concern is by itself a delimitation which grants the international community the legitimate right to build a global regulatory regime. However, the global scale is by no means the only scale since it has to be translated into regional, national, and local settings. Climate governance in the Arctic is analyzed through the theoretical lens of large-scale action problems and the role of international to face global challenges by providing situationality and concretization of global risks. Mainly, I discuss the potential of international institutions to foster collective action and to embrace the voices of multiple actors across legal and spatial scales.
|
|
| 26. |
- Arguello, Gabriela, 1983
(författare)
-
Smart Port State Enforcement Through UAVs: New Horizons for the Prevention of Ship Source Marine Pollution : In, Johansson, T.M., Dalaklis, D., Fernández, J.E., Pastra, A., Lennan, M. (eds) Smart Ports and Robotic Systems
- 2023
-
Ingår i: Johansson, T.M., Dalaklis, D., Fernández, J.E., Pastra, A., Lennan, M. (eds) Smart Ports and Robotic Systems: Navigating the Waves of Techno-Regulation and Governance. - Cham : Palgrave Macmillan. - 9783031252969
-
Bokkapitel (refereegranskat)abstract
- The ocean offers life-supporting ecosystem services and its protection has become a priority in international and regional policy agendas. The deployment of unmanned aerial vehicles (UAVs) in the marine environment has been framed as a technological solution that enhances maritime domain awareness and facilitates environmental enforcement. As a monitoring and enforcement tool, UAVs are generally described as cost-effective devices that can manage substantial data volumes while reducing human labor. In the case of ship source pollution, UAVs could access sea areas that are either remote or cost prohibitive. While UAVs may be seen as a promising technological device, this paper discusses the implications for Port State enforcement jurisdiction, aviation and its connection with emerging ubiquitous surveillance practices and data collection. The author concludes that UAVs’ deployment should not be decoupled from privacy and human rights issues. From a law of the sea perspective, Port State jurisdiction will continue to grow in relevance because UAVs assist in practices related to the territorialization of extraterritorial offenses.
|
|
| 27. |
- Arguello, Gabriela, 1983
(författare)
-
The Art of Balancing Interests at Sea: Due Regard and Large-Scale Offshore Wind Power
- 2023
-
Ingår i: Cambridge International Law Journal Blog. - : Edward Elgar Publishing.
-
Annan publikation (övrigt vetenskapligt/konstnärligt)abstract
- The ocean is progressively transforming into the last frontier to pursue ambitious climate objectives, including deploying a broad spectrum of renewable energy technologies, e.g., wind, tidal, wave, solar and thermal energy. Yet the ocean is already a crowded space, and several conflicts may accompany the development of large-scale offshore electricity infrastructure. Those conflicts may be environmental (user-environment conflicts) or competition may ensue over the use of the same space (user-user conflicts). These trade-offs are not always evident in policy instruments where climate action is often framed positively, but such action does not always lead to win-win scenarios. Acknowledging the social, environmental, economic, and legal dilemmas arising from climate action is a necessary first step to dealing with relevant conflicts. This is particularly important in the case of offshore wind power, as most countries around the world are planning to scale up this technology. Such expansion is primarily taking place in exclusive economic zones (EEZs).
|
|
| 28. |
- Arguello, Gabriela, 1983
(författare)
-
The International Maritime Organization’s Contribution to Regime Interaction: Past, Present, and Future
- 2022
-
Ingår i: Max Planck Yearbook of United Nations Law. - : Brill. - 1389-4633 .- 1875-7413. ; , s. 1-25
-
Bokkapitel (refereegranskat)abstract
- On the occasion of the 25th anniversary of The Max Planck Yearbook of United Nations Law, this article revisits the International Maritime Organization’s (imo) contribution to regime interaction in the fields of air pollution, climate change, ship waste management and rescue of migrants at sea. Particular attention is given to cooperation arrangements between international organizations and how their day-to-day activities contribute to or hinder legal development among legal regimes. These interactions are studied through the theoretical lenses of ‘relational interactions’ and ‘regime complexes’. The paper focuses on iterative and forward-looking cooperation arrangements and the characteristics of such interactions ranging from collaborative to conflictive. I illustrate how the imo has made substantial contributions (beyond maritime law) to the law of the sea and international environmental law, but the contribution to refugee law has been more modest. While the imo will continue to engage in regime interaction, legal scholarship should pay closer attention to institutional congestion in international law. Since the international legal system has no pre-established hierarchy, governance is horizontal and may be prone to conflicts. It is time to devise mechanisms that allow relational interactions while avoiding legal fragmentation and forum shifting risks.
|
|
| 29. |
- Arguello, Gabriela, 1983
(författare)
-
The Marine Arctic: What Role For Law When The Ice Recedes?
- 2021
-
Ingår i: Ocean Governance Podcast - Episode 14.
-
Annan publikation (övrigt vetenskapligt/konstnärligt)abstract
- The fourteenth episode of the Ocean Governance Podcast is dedicated to governance of the marine Arctic and its resources. To discuss this topic, Aron and David are joined by Gabriela Argüello who as a post doc at the School of Business Economics and Law at Gothenburg university studies Arctic governance from a legal and institutional perspective. The Arctic is subject to much political as well as scholarly attention and increasing levels of human activities. This applies not least to many marine areas in the Arctic which are becoming increasingly attractive due to climate change and a receding ice cover. This opens for shipping and fishing in areas where such activities have hardly been possible before. Increased access to previously unexploited areas gives rise to many challenges, including how fragile Arctic ecosystems can be protected against pollution and resource depletion. Although much of the marine Arctic falls under the national jurisdiction of the five Arctic coastal states (Canada, Denmark/Greenland, Norway, Russia, and the United States) there are still large areas, including the Central Arctic Ocean (CAO) that count as areas beyond national jurisdiction. In respect to these areas, is it urgent to ensure that new opportunities for resource utilisation do not result in an unregulated race to capture as much as possible of resources of which little is still known. Against this backdrop, the 2018 Agreement to Prevent Unregulated High Seas Arctic Fisheries, entered into by the five arctic coastal states and some important non-Arctic states as well as the European Union is a promising sign that states are able to pursue common long-term interests in the Arctic. In no way, however, does it mean that all the legal and political challenges associated with ensuring a sustainable and precautious approach to Arctic resource management have been overcome. The episode discusses two recent articles that look at this situation from slightly different perspectives, providing important pieces of knowledge to understand the increasingly complex jigsaw puzzle of Arctic marine governance. The articles discussed in this episode are: Y. Tanaka, Changing Paradigms in the Law of the Sea and the Marine Arctic, 35:3 The International Journal of Marine and Coastal Law (2020), 439–467, doi.org/10.1163/15718085-BJA10012 A. N. Vylegzhanin, O. R. Young, P. A. Berkman, The Central Arctic Ocean Fisheries Agreement as an element in the evolving Arctic Ocean governance complex, 118 Marine Policy (2020), 104001, doi.org/10.1016/j.marpol.2020.104001.
|
|
| 30. |
|
|
| 31. |
- Argüello Moncayo, Gabriela, 1983, et al.
(författare)
-
Deadly bouquets: environmental (in)justice and the cut flower industry
- 2022
-
Ingår i: Rachel Carson Center: Silent Springs - Global Histories of Pesticides and Our Toxic World(s).
-
Konferensbidrag (refereegranskat)abstract
- The cut flower industry is rapidly expanding in the Global South. Such floriculture industry is not locally consumed but exported to the United States of America, the European Union, the United Kingdom, Russia, and Japan. Taking as an illustrative example the cut flower industry in Ethiopia and Kenya, we analyze the land-grabbing practices of the Global North in the Global South. For this, we map the values of the EU plant health regulatory system and problematize how pest control regulation may exacerbate the health and working conditions of cut flower workers and increase pollution of soil and water sources in producer States. We argue that EU plant health regulation should internalize its detrimental effects on third countries. The first step in this direction is the establishment of maximum residue limits (MRL) for pesticides in plants not destined for consumption. Such a limit should be included in relevant EU legislation.
|
|
| 32. |
- Argüello Moncayo, Gabriela, 1983
(författare)
-
Environmentally Sound Management – Its status and role in the sea-land interface regulation of wastes
- 2018
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Waste management is essential for ensuring the earth’s resilience and it remains one of the greatest challenges for our and future generations. As societies experience further population growth and economic development, waste management poses both challenges for the protection of the environment and human health. To face these challenges, environmental law requires shifting 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. Currently, wastes are regulated incidentally within media-specific pollution regimes, or in relation to certain hazardous substances. In cases where wastes are directly regulated, this regulation is concerned with a particular activity. Additionally, waste management has been traditionally considered as a national affair except in cases dealing with pollution transfer and transboundary movements of wastes. This thesis is concerned with the management of wastes generated on board vessels while at sea and after they are discharged to port reception facilities. Ship wastes are studied from an international and EU law perspective. These wastes were chosen for three reasons. First, ship wastes are incidentally regulated within the regime of marine pollution. Second, 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. Finally, ship wastes were chosen due to incidents related to the unsafe management of ship wastes on land. These incidents increased the attention towards the management of ship wastes after their discharge on land and framed the analysis of such management from a conflict of law perspective. Particularly, whether the transboundary movement of waste regime is applicable to ship wastes while at sea and after their discharge on land. This thesis examined 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. Considering the rationale behind these regimes, the author concludes that treaty obligations concerning transboundary movements of wastes are inapplicable to ship wastes while on board ships and on land. Despite the limitations of the transboundary movement of wastes regime, the thesis argues that the principle of Environmentally Sound Management (ESM) embodied in this regime has gradually transformed into a legal principle. The most important contribution of ESM is its integrative function. This integrative function has several outcomes. First, ESM is the point of departure for addressing 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. Second, ESM offers a new light with which to understand and interpret existing obligations. Finally, ESM 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.
|
|
| 33. |
|
|
| 34. |
|
|
| 35. |
- Argüello Moncayo, Gabriela, 1983, et al.
(författare)
-
Governing Technological Climate Revolution: Geoengineering Research and the Arctic Marine Environment : Session 4: Regulating Risk in the Marine Environment
- 2021
-
Ingår i: Revisiting Trade, Transport, and Marine Law: Risk and Technology in Perspective.
-
Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- The Arctic Ocean plays a fundamental role in climate regulation. However, Arctic Ocean’ ice is rapidly disappearing, which threatens its 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 until mid-century, the ongoing warming of the Arctic Ocean. Novel scientific research advances the possibility to deploy geoengineering techniques to restore Arctic sea ice to its historical levels. Ice management techniques claim to be different from traditional solar radiation management (SRM) techniques since these are regionally constrained and potentially reversible. However, serious concerns have been raised about these apparently innocuous techniques. Geoengineering elicits high degree of risk and for this reason, an open public discussion of geoengineering research can no longer wait. This chapter analyzes 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 also required, something that is currently missing.
|
|
| 36. |
- Argüello Moncayo, Gabriela, 1983
(författare)
-
Hazardous Wastes' Trade: A Global Concern
- 2012
-
Ingår i: The Maritime Law and Policy Postgraduate Research Conference 2012, City University London.
-
Konferensbidrag (övrigt vetenskapligt/konstnärligt)
|
|
| 37. |
- Argüello Moncayo, Gabriela, 1983
(författare)
-
International law on ship recycling and its interface with EU law
- 2016
-
Ingår i: Marine Pollution Bulletin. - : Elsevier BV. - 0025-326X. ; 109:1, s. 301-309
-
Tidskriftsartikel (refereegranskat)abstract
- The regulation on ship recycling at international and European Union (EU) level has transitioned from the realm of transboundary movement of wastes to a specialized regime, i.e., the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (2009) (Hong Kong Convention). Although this convention is not in force yet, the principal features of it have been incorporated in EU Regulation 1257/2013 on ship recycling. This paper examines the rationale behind developing a ship recycling regime, its disassociation from wastes, and the departure from the main principles of transboundary movement of wastes, such as the proximity principle, reduction of transboundary movement of wastes, and the prior informed consent procedure. While acknowledging some of the positive features of the emerging ship recycling, it is submitted that the Hong Kong Convention and EU Regulation 1257/2013 on ship recycling represent a step back in the regulation of ship recycling.
|
|
| 38. |
|
|
| 39. |
|
|
| 40. |
|
|
| 41. |
- Argüello Moncayo, Gabriela, 1983
(författare)
-
Re-imagining the Law of the Sea: Opportunities for the protection of biological diversity in the Arctic Ocean
- 2020
-
Ingår i: 13th Polar Law Symposium Special Online Session.
-
Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- The paper analyses the opportunities to establish marine protected areas (MPAs) beyond national jurisdiction in the Arctic Ocean. For this, the author scrutinizes the legal processes allowing the United National Convention on the Law of the Sea to adapt to current and future ocean governance challenges concerning biological diversity and the limits of such adaptability. Some significant limitations are found in areas beyond national jurisdiction (ABNJ) in the Arctic Ocean. The low political commitment of Arctic States to cooperate in fora such the Arctic Council leaves the ABNJ of the Arctic ocean in a very precarious situation. With extensive areas of the seabed potentially falling under national jurisdiction and the water column remaining as ‘high seas,’ there is a possibility that Arctic cooperation will be eroded.
|
|
| 42. |
- Argüello Moncayo, Gabriela, 1983
(författare)
-
Testing the boundaries between the Basel and MARPOL regimes: are they complementary or mutually exclusive?
- 2017
-
Ingår i: Transportation Research Procedia. - 2352-1465. ; 25, s. 233-250
-
Tidskriftsartikel (refereegranskat)abstract
- Incidents relating to unsafe management of wastes generated due to blending operations on board vessels have ignited an ongoing discussion between two competing legal regimes: the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) and the International Convention for the Prevention of Pollution from Ships as modified by its 1978 Protocol (MARPOL). Despite that blending operations of bulk liquid cargoes during the sea voyage have been prohibited, unanswered questions remain regarding the potential applicability of the Basel Convention to ship-generated wastes while on board vessels and after their discharge at port reception facilities. This paper analyzes the relationship between the Basel Convention and MARPOL and the rationale for concluding that these regimes are indeed mutually exclusive.
|
|
| 43. |
- Argüello Moncayo, Gabriela, 1983
(författare)
-
The International Maritime Organization and regime interaction: cooperation or hegemony?
- 2021
-
Ingår i: Cambridge International Law Journal. - : Edward Elgar Publishing. - 2398-9173 .- 2398-9181. ; 10:2, s. 255-279
-
Tidskriftsartikel (refereegranskat)abstract
- Regime interaction is an expected consequence of the specialisation and expansion of international law. It occurs regularly, including during law-making processes, authoritative legal interpretations, and international organisations’ activities. This study shows that, while international organisations contribute to the coordination among international legal regimes, such coordination has limitations. The author illustrates such limitations with two examples. One relates to ship recycling and the cooperation between the International Maritime Organization (IMO) and the subsidiary bodies of the Basel Convention on Transboundary Movement of Wastes (Basel Convention). The other relates to the rescue of migrants at sea and disembarkation to a place of safety and the cooperation between the IMO and the United Nations High Commissioner for Refugees (UNHCR). There is an asymmetrical relationship between these organisations, and the IMO, as the more powerful organisation, has upheld its normative agenda, narrative, ideology, and power structure while cooperating with the Basel Convention’s subsidiary bodies and UNHCR. Such asymmetrical relations have a negative impact on legal cross-fertilisation, ie fragmentation and tunnel vision. On the one hand, the ship-recycling case illustrates legal fragmentation, where two parallel and distinct legal regulations, ie the Basel Convention and the International Convention for the Safe and Environmentally Sound Recycling of Ships, are potentially applicable to ships at the end of their operative lives. On the other hand, the rescue of migrants at sea exemplifies tunnel vision where this particular issue has been framed as a maritime safety matter, leaving little room for cross-fertilisation with refugee law.
|
|
| 44. |
- Gipperth, Lena, 1963, et al.
(författare)
-
Innovating Ocean Governance Law
- 2024
-
Ingår i: Towards a Sustainable World: Academic Insights and Perspectives. - Gothenburg : University of Gothenburg. - 9789189838277 ; , s. 181-200
-
Bokkapitel (refereegranskat)abstract
- The ocean provides essential ecosystem services such as food production, off- shore renewable energy, carbon sequestration, and recreation. However, scientif- ic evidence warns us about the severe impacts the ocean is facing due to pollution, unsustainable fishing practices, and climate change effects. These effects include ocean acidification, biodiversity loss, and sea level rise. From international, EU, and national perspectives, there is an outspoken aim to boost the ‘blue’ economy while securing healthy marine ecosystems. However, the legal system handling these integrated demands is diverse and fragmented regarding sectoral aims, geographical areas, and governance levels. In their current form, they are not designed or fit to provide an ecosystem-based approach to managing human–ocean relations or to implementing the objective of a healthy and sustainable ocean. To integrate legal competence relevant to ocean governance in both practice and theory, scholars of different legal areas within the Department of Law col- laborate internally and, more importantly, with scholars within other disciplines and actors outside academia. Our ambition is for this interdisciplinary endeavor to prompt changes in socio-environmental governance structures and legal ed- ucation. From a socio-environmental perspective, we examine opportunities to integrate our knowledge of different legal areas and improve our transdisciplinary capacity. We analyze and discuss challenges, drivers, and pathways to provide knowledge supporting a transformation to a more sustainable blue economy. From a legal education perspective, interdisciplinarity requires a problem-based approach and the introduction of threshold concepts that shape how we apprehend a particular phenomenon. Ocean governance is an example of a concept providing a valuable opportunity for broader legal reasoning and for finding meaning- ful connections between national, regional, and international law.
|
|
| 45. |
|
|
| 46. |
- Westholm, Aron, 1984, et al.
(författare)
-
Dynamic Ocean Management in Areas Beyond National Jurisdiction
- 2024
-
Ingår i: Ocean Development and International Law. - 0090-8320.
-
Tidskriftsartikel (refereegranskat)abstract
- Law and space are intimately connected. In the ocean, the natural environment is divided into maritime zones. Such a division neglects the interconnected nature of the ocean and its inhabitants. Since this zonal approach relies on geographically stable boundaries, it also limits the opportunities to manage a fluid ocean. Area-based management tools, including marine protected areas (MPAs), address some of the limitations of zonal management. However, MPAs are also static from a geographical point of view. The deteriorating state of many marine species and ecosystems indicates a failure of traditional management approaches and puts a renewed emphasis on adapting legal scales to “natural scales,” such as ecosystems. In this article, we argue that there are positive trends and new tools that could be developed within the current legal order to face the challenges that nature is facing in the Anthropocene. One such tool is dynamic ocean management, which moves away from the static rationale of traditional ocean management illustrated here by MPAs, toward a management system focused on the temporal and spatial dynamism of the marine environment. In order to understand how such a management tool could be developed and used within the current legal system, we show how traditional ocean management rests on the notion of delimited and static boundaries and temporarily fixed measures. We discuss this in terms of fixity and simplification. Then we analyze dynamic ocean management and its potential to capture more of the complexity of the marine environment. This analysis is followed by an overview of MPAs and networks of MPAs in areas beyond national jurisdiction (ABNJ), where we discuss the impact of the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Treaty) in the development of dynamic ocean management. This overview provides information about both the possibilities and challenges of area-based management in ABNJ. We argue that MPA networks and large marine ecosystems (LMEs), coupled with the establishment of coordination mechanisms between existing institutional structures, are necessary first steps to secure dynamic ocean management.
|
|
