1st Edition
Marine Pollution, Shipping Waste and International Law
TABLE OF CONTENTS
Abbreviations
List of figures and tables
Part I: Preliminaries
Chapter 1: Introduction
Background
A life-cycle approach to waste management
The relevance of international law in the regulation of wastes
ESM and sustainable development
Theoretical framework
Chapter 2: Environmentally Sound Management of Wastes (ESM)
ESM: its roles
Legal status of ESM: from policy objective and treaty obligation to customary law
Sovereignty and ESM
Concluding remarks: ESM and permanent sovereignty over natural
resources
3. Wastes
A re-examination of the legal concept of waste
Ship wastes
Wastes subject to transboundary movements of wastes
Transboundary movement of wastes and ship wastes: an analysis of Article 195 of the LOSC
Concluding remarks
Part II: Regulation of transboundary movements of wastes and ship
wastes
Chapter 4: Transboundary movements of wastes
From transboundary pollution to pollution transfer
The Basel Convention
The OECD legal framework of transboundary movements of wastes
EU law and shipments of wastes
Concluding remarks
Chapter 5: Ship-source Pollution
Marine pollution
An overview on ship-source marine pollution
MARPOL
EU and ship wastes
Concluding remarks
Part III: The ESM of wastes
Chapter 6: The sea/land interface waste management dilemma
Genesis of the controversy at the international level
Blending operations on board ships: the initial controversy
The management of ship wastes on land: the current controversy
The EU and the management of ship wastes in their sea/land interface
Chapter 7: ESM and the transboundary movement of waste regime
The growing importance of ESM within the Basel regime
Legal nature of the ESM obligation
ESM: meaning and substantive content
ESM at the OECD level
ESM at the EU level
Concluding Remarks
Chapter 8: The ESM of ship wastes: the sea/land interface
The ESM of ship wastes at the international level
The ESM of ship wastes at the EU level
Forthcoming regulation on port reception facilities
PART IV: Conclusions
Chapter 9: The management of ship wastes: the sea-land interface
Conflicts of law
Chapter 10: International Law and (ship) waste management
The integrative function of ESM: possibilities and limitations
Final reflection
Appendix I: Management of cargo residues (MARPOL, Annex II)
in the Baltic Sea area
Appendix II: Survey results concerning the collection of cargo
residues (MARPOL, Annex II) in the Baltic Sea area
References
International treaties
European Union Law
Table of cases
Bibliography
International documentation
European Union documentation
National Documentation
Miscellaneous
Biography
Gabriela Argüello received her PhD from the University of Gothenburg, Sweden
