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- Arguello, Gabriela, 1983, et al.
(author)
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Introduction to Regulation of Risk
- 2023
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In: in Basu Bal, et al., Regulation of Risk: Transport, Trade and Environment in Perspective. - Leiden : Brill. - 9789004518667 ; , s. 1-27
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Book chapter (peer-reviewed)
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| 2. |
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| 3. |
- Kern, Jhonnie
(author)
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Autonomous Wrecks
- 2023
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In: Regulation of Risk – Transport, Trade and Environment in Perspective. - Leiden Boston : Brill. - 9789004518667 ; , s. 369-391
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Book chapter (other academic/artistic)abstract
- The use of unmanned maritime vehicles and the potential of autonomous transport raise interesting questions of maritime law as to what happens should such property be subject to maritime casualties. The chapter discusses unmanned maritime vehicles and autonomous transport from a wreck law perspective with a focus on how such vehicles, crafts or vessels can be handled under the Nairobi International Convention on the Removal of Wrecks (WRC). It examines the legal framework's applicability in relation to such property as well as some key issues or problems that arise as a consequence of the special characteristics of unmanned maritime vehicles and autonomous transport in wreck removal situations. It is argued that the framework of the WRC is extensive enough to include various forms of this kind of property but that this also causes some problems as to the applicability of its provisions. Furthermore, issues concerning compulsory insurance and state sovereignty are discussed in relation to the WRC as well as the practical context in which this kind of property may operate and its ramifications for the applicability of the legal framework.
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| 4. |
- Langlet, David, 1977-
(author)
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Shipping and the Ecosystem Approach
- 2023
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In: Regulation of Risk. - Leiden; Boston : Brill Nijhoff. - 9789004518681 - 9789004518667 ; , s. 418-450
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Book chapter (peer-reviewed)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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