Download Marine Issues:From a Scientific, Political and Legal by Peter Ehlers PDF

By Peter Ehlers

This quantity collects a few essays and articles from specialists in numerous fields hooked up to marine environmental matters. those essays have been first awarded on the XXVIII Pacem in Maribus convention held in December 2000, on the overseas Tribunal of the legislations of the ocean in Hamburg, Germany. the aim of the convention used to be to augment understanding of the eu public, governments, the personal zone and academia concerning the significance of liable ocean and coastal administration in keeping with ocean technology. Reflecting the cutting edge interdisciplinary procedure of the convention, those quantity teams members from best biologists, political scientists, geographers, and jurists based on particular local relevance and never alongside strict disciplinary strains. This strategy permits the specialists to regard marine concerns referring to areas equivalent to the North Sea, the Baltic Sea, or the Black Sea in a finished demeanour.

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Bucerius Law School - Hochschule fur Rechtswissenschaft - Hamburg. For an overview of the Hague MOU of 1978 see G. Kasoulides, Port State Control and Jurisdiction, pp. 142 et seq. (1993). P. Ehlers, E. Mann-Borgese and R. ), Marine Issues, 37-54 © 2002 Kluwer Law International. Printed in Great Britain. D. Konig safety at sea and the protection of the marine environment. Accordingly, Art. 94 LOSC contains the duty of the flag State to effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.

9 Consequently, a maritime authority can only apply and enforce those "relevant instruments" and amendments thereto to which its State has become a party. This leads to the result that the participating maritime authorities apply a different set of standards depending on the number of conventions and amendments thereto the State in question has accepted and transposed into national law. In order to improve the enforcement of international standards the participating States have committed themselves (1) to maintain an effective system of port state control, (2) to achieve an annual total of inspections corresponding to 25% of all foreign merchant ships which entered their ports during a recent representative period of 12 months, and (3) to consult, cooperate and exchange information with the other authorities (sec.

1 LOSC). g. bilge water, oily residues, chemicals) in the internal waters, territorial sea or exclusive economic zone of third States or on the high seas (Art. 218 para. 2 To prevent severe pollution damage to the marine environment by substandard ships, they can also enforce "applicable international rules and standards relating to seaworthiness of vessels" (CDEM and operational standards). For this purpose they shall, as far as practicable, take measures to prevent the vessel from sailing or order it to proceed to the nearest repair yard (Art.

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