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1
Balobanov, O., et A. Palchenko. « Main measures and protection of the marine environment against pollution provided by international and national legislation of Ukraine ». Uzhhorod National University Herald. Series : Law, no 68 (24 mars 2022) : 253–58. http://dx.doi.org/10.24144/2307-3322.2021.68.44.
Texte intégralRésumé :
The article is devoted to the study of the norms of current international and national legislation in the field of prevention of marine pollution in the context of the definition and application of measures to prevent pollution of the marine environment. The study solves such problems as determining the problem of the current state of marine pollution; study of international legal and national legislation of Ukraine on the protection of the marine environment; and finding further directions for the development of environmental safety policy at sea. The research is based on a set of general scientific and special methods of cognition, the application of which is carried out within a systematic approach. Marine pollution in Ukraine, as in most countries around the world, is currently considered one of the most important economic and social problems. One of the important components of international environmental security is the prevention of marine pollution, which can only be achieved through a combination of efforts of each state at the national level and the international community as a whole. The relevance of the study in the article is due to the lack of systematic and comprehensive study of current issues of international legal responsibility for marine pollution. This problem is exacerbated by the lack of a systematic international treaty or treaties that would regulate international legal relations related to the implementation of such responsibilities. The main measures and protection of the marine environment from pollution, analysis of the legal consequences of marine pollution and the substantive development of international law, and compliance with the level of their implementation in the legislation of Ukraine.
The article examines and analyzes the norms of current international and national legislation in the field of prevention of marine pollution in the context of defining and applying measures to prevent pollution of the marine environment.
2
Taschereau, Louis. « La nouvelle convention sur le droit de la mer et la lutte contre la pollution marine d'origine tellurique ». Les Cahiers de droit 24, no 2 (12 avril 2005) : 323–77. http://dx.doi.org/10.7202/042550ar.
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Several articles of the Charter of the Law of the Sea deal with land-based pollution, which is responsible for approximately 90% of all high sea's pollution. A detailed study of these articles shows that the Charter under-emphasizes the importance of land-based pollution. Authority to solve marine pollution is left to coastal states, who are but vaguely obliged to encourage means of regional cooperation to curtail damage to marine environment. These obligations are a first step in the long and difficult process of bringing about efficient pollution control by way of international cooperation.
3
BEKEZHANOV, Dauren, Gulnurа KOPBASSAROVA, Ainur ZHUNISPAYEVA, Talgat URAZYMBETOV et Roza SEILKASSYMOVA. « Environmental Problems of International Legal Regulation of Transboundary Pollution ». Journal of Environmental Management and Tourism 12, no 2 (29 mars 2021) : 392. http://dx.doi.org/10.14505//jemt.v12.2(50).08.
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This article is a comprehensive study on problems of legal protection of the environment from transboundary environmental pollution in the Republic of Kazakhstan. The study of international and national legislation in the field of environmental protection from transboundary environmental pollution was carried out, ways to solve legal problems related to transboundary environmental pollution were studied and proposed, theoretical concepts and practical recommendations were developed to increase the effectiveness of current legislation and the activities of state bodies in the field of environmental protection environment from transboundary environmental pollution. The theoretical significance of the study is that it will contribute to the further scientific development of conceptual problems of environmental cooperation in the field of preventing and preventing the negative effects of transboundary environmental pollution. The research itself, as well as the results obtained, will contribute to the further development of the domestic environmental law science.
4
Dopilka, V. O., et K. G. Matienko. « Legal regulation of liability for environmental pollution in the carriage of dangerous goods by sea ». Uzhhorod National University Herald. Series : Law, no 67 (16 janvier 2022) : 331–35. http://dx.doi.org/10.24144/2307-3322.2021.67.62.
Texte intégralRésumé :
The article considers the international legal norms and legislation of Ukraine in the field of responsibility for pollution of the marine environment during the transportation of dangerous goods, the main trends in the development of maritime navigation and environmental protection.
The concept and essence of ecological safety of the World Ocean is defined.
The author considers the main provisions of the Merchant Shipping Code of Ukraine, the Law of Ukraine "On Transportation of Dangerous Goods", as well as international norms contained in the International Convention on Civil Liability for Oil Pollution (1969), the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971), the Convention on Limitation of Liability for Maritime Claims (1976), the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Dangerous and Harmful Substances by Sea (1996), the International Convention on the Prevention of Pollution from Ships (1973).
The above regulations contain recommendations and regulate the liability of the shipowner for damage from oil pollution from ships, release of the shipowner from liability for damage from pollution by oil and other harmful substances from ships, intent or gross negligence of the victim in cases of oil pollution. or more vessels for damage from pollution, the issue of limiting the liability of the shipowner for damage from pollution, loss of the right to limit liability for damage from pollution by hazardous substances from ships, as well as insurance and other financial support for liability for damage from pollution from ships.
The analysis of normative acts of international and domestic legislation allowed to study the conceptual provisions of the problem, as well as to conclude that it is necessary to implement international law in the national legislation of Ukraine on ways to solve the problem of marine pollution from ships.
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Costa, Beatriz Souza, et Luiz Gustavo Gonçalves Ribeiro. « BALLAST WATER AND BIOINVASION : BRAZILIAN LEGISLATION AND THE PROTECTION OF MARINE ENVIRONMENTAL RISKS ». Veredas do Direito : Direito Ambiental e Desenvolvimento Sustentável 13, no 25 (10 mai 2016) : 45–67. http://dx.doi.org/10.18623/rvd.v13i25.644.
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This article analyzes the use of water as ballast to balance the vessels, as well as the existing legislation in the country that protects, monitors and punishes those who are responsible for illegal shedding in national jurisdiction waters. That is important, considering ballast water has become a national and international risk with serious consequences such as bioinvasion. It was discovered that ballast water has become one of the fastest forms of marine pollution because it acts quietly. In an attempt to avoid environmental and economic losses, several conventions and international treaties were agreed between countries such as the United Nations Convention on the Law of the Sea, 1982, adopted in Montego Bay. At the national level, Brazil has important institutions for marine environmental protection such as ANVISA, the National Health Surveillance Agency; ANTAQ, National Agency of Waterborne Transport and broad legislation such as Law (6938/81), the National Environmental Policy; the Criminal Environmental Law (9.605/98) and, specifically, NORMAM 20, issued by the Brazilian Navy’s Directorate of Ports and Coasts, which states that every ship to moor at national ports must prove the exchange of ballast water at sea. The research used the legal and theoretical methodology, deductive reasoning and literature from technical and government sites. The results show that Brazil has a concern over the issue and the national legislation proves the effort to prevent marine pollution. However, research in the field is necessary so that invading organisms are discovered prior to the pollution. In addition to that, legislation and supervision must be improved.
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Spitzer, James D. « DEVELOPING MARINE POLLUTION RESPONSE CAPABILITY IN THE WIDER CARIBBEAN REGION1 ». International Oil Spill Conference Proceedings 1985, no 1 (1 février 1985) : 127–34. http://dx.doi.org/10.7901/2169-3358-1985-1-127.
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ABSTRACT With assistance from international organizations and donor nations, the nations of the Wider Caribbean Region are steadily increasing their capability to deal with oil pollution. The need for a reasonable response capability stems from factors such as the region's complex network of petroleum production points and transportation routes, dependence of national economies on the pristine marine environment that attracts tourists, and the vulnerability of many of the nations to pollution incidents resulting from lack of preparedness. The problems of improving response capability in a region having over three dozen governments are immense. Nevertheless, through recent events, the Region's governments are recognizing the importance of having an agency responsible for environmental matters, a response organization, a pollution contingency plan, and adequate legislation to provide the jurisdiction necessary to prevent and to take action to control discharges into the marine environment. These developments are occurring through regional cooperation such as the implementation of the Action Plan for the Caribbean Environment Programme, and through national and independently sponsored efforts to increase marine pollution response capability.
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Kuznietsov, Serhii. « Status «ecological» obligations of a flag state as an integral part of the «genuine link» conception ». Revista Amazonia Investiga 10, no 47 (17 décembre 2021) : 190–96. http://dx.doi.org/10.34069/ai/2021.47.11.19.
Texte intégralRésumé :
The modern legal regime of a flag State’s status “ecological” obligations is composed by a legislation (laws and regulations) of two levels: international and national. The legislation of both the levels is consistent with the generally accepted international rules, standards and recommended practices and procedures, the “UNCLOS’82”, the rights of States and prescribes, inter alia, measures to be taken for the protection and preservation of the marine environment pollution – measures to prevent, reduce and control pollution of the marine environment – the States’ “ecological” obligations. It is generally accepted in international maritime law to dived abovementioned obligations in: status “ecological” obligations of the “shore States”, status “ecological” obligations of the “port States” and status “ecological” obligations of the “flag States”. The research topic is certainly relevant given the almost catastrophic situation due to pollution of the world's oceans and the environment in general. The research methodology includes methods of analysis and synthesis, dogmatic method and comparative law method. This research focuses on the definition of the modern international legal regime of a flag State’s status “ecological” obligations. These obligations form a flag State’s legal status and could be qualified as an integral part of the “genuine link” conception. The author of the article concluded that the current conventions in the field of maritime law aimed at protecting the world's oceans play an important role, but no less important tasks are to improve national legislation of coastal countries, as well as proper implementation of both international and national norms aimed at the protection and restoration of the world's oceans.
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Yu, Chen, et Jae-Wook Lim. « A Primary Research on Legislation of Leading Maritime City Development of Xiamen ». Korea Association for International Commerce and Information 24, no 2 (30 juin 2022) : 179–216. http://dx.doi.org/10.15798/kaici.2022.24.2.179.
Texte intégralRésumé :
Based on the relatively comprehensive evaluation system and definition constructed by Menon Economics and DNV in "The leading maritime cities of the world"[1], the government needs to consider shipping, finance and law, maritime technology, attractiveness&competitiveness when building a global leading maritime city five dimensions. This article will study from a legal point of view, taking Xiamen as a case study.
If Xiamen wants to build a leading maritime city of the world, the legislation of the sea is an area that cannot be ignored. The Xiamen Municipal Government is very concerned about areas that can significantly increase GDP, such as maritime technology and marine industries. While, insufficient attention has been paid to the Legislation of the Sea. Like Shenzhen's political status, Xiamen is a "Special Economic Zone" and "Independent Planning Status". The Xiamen government enjoys legislative powers beyond that of general cities. However, due to the late start of constructing the Maritime legal system in Xiamen, there are many shortcomings: marine lack of collaboration mechanism, lack of soft power of the maritime rule of law, etc. Therefore, the Xiamen Municipal Government should first understand the importance of the legislation of the sea and then make up for the shortcomings as soon as possible. While reasonably learning from advanced international experience such as British law, we should promote the process of China's "Basic Law of the Sea" legislation and promote the progress of Xiamen's legislation of the sea to promote Xiamen's relevant laws such as sea-related dispute settlement. The establishment of service institutions enables Xiamen to actively participate in the governance of the global marine legal system, enhance the public's awareness of marine legal affairs, and cultivate specialized marine legal elites. (Independent Planning Status： Municipalities with Independent Planning Status under the National Social and Economic Development. ) Under the background of Xiamen's concentrated resources to build the world-leading maritime city, this paper analyzes the challenges faced by Xiamen's marine economic development, combined with China's national strategy. It analyzes the current situation of Xiamen from the perspective of law construction. Learn from experience with U.K. marine-related law. The feasibility of legislation in Xiamen is analyzed.
The path of law construction is put forward: ① Constructing the legal system of the maritime rule of law; ② Constructing a settlement center for maritime disputes; ③ Paying attention to the global maritime rule of law governance; ④ Enhancing the soft power of the maritime rule of law.
Legislative suggestions for local governments are put forward: ① Clarify the development orientation of the marine economy; ② Form a planning system and structural layout; ③ Establish an incentive mechanism and supporting measures; ④ Form a financial support service system; ⑤ Formulate safeguard measures for coordinated development; ⑥ Clarify the content of Taiwan cooperation and international development.
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Zhao, Changping, Maliyamu Sadula, Xiangmeng Huang, Yali Yang, Yu Gong et Shuai Yang. « The Game Model of Blue Carbon Collaboration along MSR—From the Regret Theory Perspective ». Mathematics 10, no 6 (21 mars 2022) : 1006. http://dx.doi.org/10.3390/math10061006.
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Ocean pollution and global warming are two pressing environmental problems exacerbated by human economic behavior. Building a blue carbon cooperation platform along the Maritime Silk Road (MSR) to promote sustainable development of countries along the route is of practical value to solving these two problems. Based on the analysis and review of the latest research on blue carbon, cooperative game and MSR, Weber’s law and regret theory are introduced to establish an economic model of blue carbon international cooperation, which proves the economic feasibility of blue carbon cooperation along MSR. The influence of psychological factors on the decision making of blue carbon international cooperation is also discussed. In addition, the measures to promote international cooperation are also discussed according to the current situation of marine blue carbon resources.
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Blanco-Bazán, Agustín. « Specific Regulations for Shipping and Environmental Protection in the Arctic : The Work of the International Maritime Organization ». International Journal of Marine and Coastal Law 24, no 2 (2009) : 381–86. http://dx.doi.org/10.1163/157180809x421734.
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AbstractThis article reviews the work of the International Maritime Organization (IMO) with regard to the adoption of international rules on safety of navigation and prevention of marine pollution. The recommendatory IMO Guidelines for Ships Operating in Arctic Ice-Covered Waters are discussed. The relationship between coastal State legislation under Article 234 of the UN Convention on the Law of the Sea and the main IMO safety and anti-pollution treaties is analyzed. It concludes that the former should neither contradict nor overlap with the latter.
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Bisiaux, Alice. « Protecting the Marine Environment from Land-Based Sources of Pollution : Towards Effective International Cooperation - by Daud Hassan ». Review of European Community & ; International Environmental Law 16, no 3 (15 janvier 2008) : 379–80. http://dx.doi.org/10.1111/j.1467-9388.2007.00576_5.x.
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Djafar, Eka Merdekawati, Tri Fenny Widayanti, M. Zulfan Hakim, Syarif Saddam Rivannie et Rastiawaty. « Analysis of law enforcement on Marine Debris in Indonesia ». IOP Conference Series : Earth and Environmental Science 1119, no 1 (1 décembre 2022) : 012065. http://dx.doi.org/10.1088/1755-1315/1119/1/012065.
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Abstract Marine debris one of the source of marine pollution that will damage marine ecosystems and be harmful to human health. To deal with marine debris, the government has formed a national action plan for marine debris 2018-2025 as the implementation of Presidential Regulation No. 83 of 2018 concerning the handling of marine debris. Law enforcement is one of the strategies in the action plan, but in practice, law enforcement cannot implemented effectively. The absence of sanctions given to the garbage throwers and the absence of socialization of the rules regarding marine debris make there no deterrent effect and therefore increase the amount of marine debris in Indonesia. This study uses a normative juridical approach with analytical descriptive research to describe and analyze the use of international legal instruments nationally. The results of this study are that strict rules must be made, especially the imposition of sanctions on the perpetrators of marine waste disposal so that it will have a deterrent effect, sanctions can be in the form of fines or criminal sanctions. The government also must socialize to the public regarding the provision of these sanctions, so that there is good cooperation between government and community.
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SUDINI, Luh Putu, Anak Agung Gede RAKA et Tutut HERAWAN. « Strict Liability Principle Application in the Management of Straits Marine Pollution for International Navigation according to the Indonesia Sea Convention Law ». Journal of Environmental Management and Tourism 11, no 7 (30 novembre 2020) : 1601. http://dx.doi.org/10.14505//jemt.v11.7(47).01.
Texte intégralRésumé :
Congested crossings going vessels in the strait used for international navigation such as the Malacca Strait, allowing the serious pollution of the sea water in the strait. How does the application of the principle of strict liability in the management of marine pollution in the Straits used for international navigation under the Convention on Law of the Sea 1982 in Indonesia? This research is a normative law, the main approach in legislation (statute approach), with the source material through the law library research. Indonesia has ratified the Convention on the Law of the Sea 1982 through Law no. 17 In 1985 the Indonesian government should establish laws that regulate a legal product on the management of marine pollution in particular in the straits used for international shipping considering Indonesia as an archipelago crowded waters traversed by large foreign ships in an easy and highly probable do pollution at sea. The application of the principle of strict liability is appropriate and relevant use in marine pollution liability for damages in the Straits used for international shipping as Idi Indonesian waters in the Strait of Malacca and the weapon system of archipelagic sea-groove Indonesia because Indonesia as favorable to the State Island Countries. compensated by the mean absolute responsibility, obligations to pay compensation to the beach arises immediately upon the oil spill in the sea without regard to guilt or innocence tanker or ship traffic in the Strait of Malacca done by using the right of transit passage and responsibility for compensation is associated with a number of limited liability or the ceiling or ceiling system.
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Pharand, Donat. « La contribution du Canada au développement du droit international pour la protection du milieu marin : Le cas spécial de l’Arctique ». Études internationales 11, no 3 (12 avril 2005) : 441–66. http://dx.doi.org/10.7202/701074ar.
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Immediately after the adoption of its Arctic Pollution Prevention Act in 1970, Canada embarked on intense diplomatic efforts in a number of international for a to obtain recognition of international law principles which would serve as a basis for its legislation. These efforts were pursued mainly in three international conferences : the Stockholm Conference on the Human Environment of 1972, the London Conference of the International Maritime Consultative Organization on the prevention of pollution by ships in 1973 and the United Nations Third Law of the Sea Conference which began in 1974 at Caracas. At the 1975 session of that Conference, held in Geneva, a form of Artic clause was inserted in the first Negotiating Text and it provided that coastal States could adopt special protective measures in special areas within their exclusive economic zone, where exceptional hazards to navigation prevailed and marine pollution could cause irreversible disturbance of the ecological balance. In 1976, the provision was enlarged to enable coastal States themselves to enforce such protectives measures, instead of leaving the enforcement to the flag State, and the provision has been kept without change in all the subsequent negotiating texts of 1977, 1979 and 1980. Considering the wide consensus which this provision has received, particularly on the part of other Arctic States, it may now be regarded as part of customary international law and completely validates Canada's arctic legislation.
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Trigatti, Larry, Ole-Kristian Bjerkemo et Mark Everett. « Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic ». International Oil Spill Conference Proceedings 2014, no 1 (1 mai 2014) : 1485–96. http://dx.doi.org/10.7901/2169-3358-2014.1.1485.
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ABSTRACT This paper describes the background, approach, challenges and results of the development of the Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic signed May 2013 by the eight member states of the Arctic Council at Kiruna, Sweden. The Arctic Council established an interdisciplinary task force in May 2011 to develop the Agreement. The Task Force included participants from the Arctic states, Permanent Participants of the Arctic Council, observers, industry representatives, and invited experts. The Task Force met five times over nearly a one year period. The objective of the Agreement is to strengthen cooperation, coordination and mutual assistance among the Parties on oil pollution preparedness and response in the Arctic in order to protect the marine environment by pollution from oil. The Agreement applies to oil pollution incidents that occur in or may pose a threat to any marine area over which a State whose government is a Party exercises sovereignty, sovereign rights or jurisdiction, including in its internal waters, territorial sea, exclusive economic zone and continental shelf, consistent with international law. An Operational Guideline to the Agreement was developed by the Arctic Council's standing Emergency Prevention, Preparedness, and Response (EPPR) work group to provide tactical operating procedures for: notification; requests for assistance; provision of assistance; coordination and cooperation in response operations, including in areas beyond the jurisdiction of any State; movement and removal of resources across borders; procedures for conducting joint exercises and training; and a variety of other topics.
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Qu, Yunfeng, et Ruiyang Liu. « A Sustainable Approach towards Fisheries Management : Incorporating the High-Seas Fisheries Issues into the BBNJ Agreement ». Fishes 7, no 6 (14 décembre 2022) : 389. http://dx.doi.org/10.3390/fishes7060389.
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The issue of high-seas fisheries is the main threat to biodiversity in areas beyond national jurisdiction. The BBNJ Agreement, which focuses on biodiversity in areas beyond national jurisdiction, is under vigorous discussion. Subject to the “not undermine” requirement and considerations of practical interests, it is highly possible that the BBNJ Agreement may not address the issue of fisheries on the high seas. The objective of this paper is to analyze the relationship between the high-seas fisheries issue and the BBNJ Agreement for the purposes of the conservation of marine biodiversity, the unity of the marine ecosystem, and the consistency of regulations. It maintains that from the perspective of protecting the oceans, enacting legislation in areas beyond national jurisdiction, and transforming marine management mode, the issue of high-seas fisheries should be included in the BBNJ Agreement. In the future, the BBNJ agreement needs to clarify its scope of application, resolve overlapping issues through general regulations and conflict rules, clarify the methods and contents of international cooperation, and establish international law obligations for integrated ocean management.
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Koubrak, Olga, David L. VanderZwaag et Boris Worm. « Endangered Blue Whale Survival in the North Atlantic : Lagging Scientific and Governance Responses, Charting Future Courses ». International Journal of Marine and Coastal Law 37, no 1 (24 février 2022) : 89–136. http://dx.doi.org/10.1163/15718085-bja10085.
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Abstract Populations of blue whales were heavily depleted across the globe by industrial whaling and are still considered globally endangered today. In the Northwest Atlantic, an estimated 400–600 individuals remain, but these numbers are highly uncertain. Ship strikes, fishing gear entanglement, and marine debris are thought to be leading causes of contemporary human-caused mortality in blue whales, with anthropogenic noise possibly causing sublethal stress and injury. Climate change is recognised as an emerging and intensifying threat that is likely to affect food supply and could limit the capacity of the population to recover. Both Canada and the United States have protected blue whales through their domestic legislation. This article reviews law and policy responses in the two countries, as well as bilateral, regional and international frameworks that address anthropogenic threats to blue whales. Future scientific directions, as well as recommendations for improvements to domestic legislation and multilevel cooperation are outlined.
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Stubenrauch, Jessica, et Felix Ekardt. « Plastic Pollution in Soils : Governance Approaches to Foster Soil Health and Closed Nutrient Cycles ». Environments 7, no 5 (20 mai 2020) : 38. http://dx.doi.org/10.3390/environments7050038.
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Plastic pollution in soils pose a major threat to soil health and soil fertility that are directly linked to food security and human health. In contrast to marine plastic pollution, this ubiquitous problem is thus far scientifically poorly understood and policy approaches that tackle plastic pollution in soils comprehensively do not exist. In this article, we apply a qualitative governance analysis to assess the effectiveness of existing policy instruments to avoid harmful plastic pollution in (agricultural) soils against the background of international environmental agreements. In particular, environmental and fertiliser legislation relevant to soil protection in the European Union and in Germany are assessed. Regulatory weaknesses and gaps of the respective legislation are identified, and proposals for enhanced command-and-control provisions developed. However, the legal analysis furthermore shows that plastic pollution ecologically is also a problem of quantity, which is difficult to solve exclusively through command-and-control legislation. Instead, comprehensive quantity-control instruments to phase out fossil fuels (worldwide and in all sectors) as required by climate protection law can be effective approaches to tackle plastic pollution in environmental media like agricultural soils as well.
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Kulyk, Markiyan Z. « Advancement of the Duty to Cooperate in Marine Environmental Protection in the Jurisprudence of ITLOS ». Korean Journal of International and Comparative Law 9, no 2 (7 décembre 2021) : 163–73. http://dx.doi.org/10.1163/22134484-12340153.
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Abstract The UN Convention on the Law of the Sea sets forth an unprecedented regime for marine environmental protection that compels parties to cooperate and includes mandatory dispute settlement procedures with binding decisions. Although the Convention does not contain a specific article stipulating a general duty to cooperate, cooperation permeates the logic of the document. The International Tribunal for the Law of the Sea (ITLOS) has recognised the importance of cooperation to marine protection and preservation in several cases. It could be suggested that the States Parties have a positive obligation to cooperate and a need to implement a range of actions to this end. ITLOS has consistently interpreted the duty to cooperate as comprising specific obligations: to consult, to exchange information, to monitor and assess relevant activities, to develop measures to prevent pollution or other environmental harm; which offers both the basis for the implementation of the duty to cooperate and the criteria for determining compliance.
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Oanta, Gabriela A. « In the Search of an Appropriate Legal Framework to Prevent Environmental Risks Caused by Navigation in the Black Sea ». International Community Law Review 19, no 2-3 (13 juin 2017) : 194–230. http://dx.doi.org/10.1163/18719732-12341354.
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This article addresses the legal framework pertaining to navigation in the Black Sea (including the Turkish Straits System) – which is currently one of the busiest trade routes globally – and its implications for the protection and preservation of the marine environment in this region. This framework is a comprehensive and complex system that is based, on the one hand, upon norms established by different global diplomatic conferences and international organizations that are therefore also applicable to the Black Sea and its coastal States; on the other hand, the regional cooperation fora for the Black Sea have also created specific standards for the region. In addition, the implications of the delimitation of maritime areas in the Black Sea and the international responsibility of States in the field of marine pollution caused by navigation will also be examined.
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Banaszek, Hanna. « Enforcement and sanctioning system deficit under UNCLOS ? A closer look at the Fukushima accident ». Journal of Management and Financial Sciences, no 37 (4 septembre 2019) : 47–59. http://dx.doi.org/10.33119/jmfs.2019.37.3.
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The marine pollution is rarely debated from the perspective of land-based sources of pollution under the 1982 UN Convention on the Law of the Sea (UNCLOS). This article centres not only on a land-based source of pollution of the sea, but also a very particular one – the 2011 Fukushima Daiichi accident. Apart from causing severe infrastructural damage and posing a radiation-related threat to the public, Fukushima has had a lasting impact on the marine environment, too. Especially,since the operator of the plant has so far been unsuccessful in completely eliminating the radioactive leakage into the seas. This article considers the actual impact of the accident on the marine life along with the relevant recovery and remediation measures aimed to limit said impact, all in the light of the provisions of UNCLOS. Especially, with regard to its problematic (rather underdeveloped) enforcement and sanctioning system which should be more balanced, considering the various contemporary sources of pollution of the seas. Notwithstanding, UNCLOS will most likely further strengthen international cooperation with the ultimate aim of preventing the pollution of the world’s oceans.
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Svetskiy, Arseniy Vladimirovich. « Legal Protection of the Marine Environment During the Transportation of Oil Products : International Legal Aspects ». Международное право и международные организации / International Law and International Organizations, no 4 (avril 2022) : 22–33. http://dx.doi.org/10.7256/2454-0633.2022.4.39139.
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The article discusses the risks that arise for the environment during the production and transportation of hydrocarbons. Irreparable damage to the environment is caused as a result of accidents on ships and oil platforms, the consequences of which have been felt for many decades, while the greatest harm is caused by accidents occurring in high latitudes. These include: pollution of the water area following an emergency oil spill, the likelihood of a fire or explosion both on board during transportation and in the port at terminals. Emergency situations may arise as a result of exposure to hard weather conditions, technical malfunctions of the vessel, collision with other vessels, pirate attacks, etc. The article analyzes the provisions of international acts of the greatest interest in the field of protection of the marine environment from hydrocarbon pollution, such as the United Nations Convention on the Law of the Sea (UNCLOS) of 1982, the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), the International Convention for the Safety of Human Life at Sea (SOLAS 74/88), "International Code for Ships Operating in Polar Waters (Polar Code)". Proposals have been formulated to improve international and national regulation regarding the legal protection of the marine environment from oil pollution. Thus, it seems expedient to minimize the risks of emergency situations to think about combining the relevant provisions of all conventions into a single document, while eliminating gaps in both international regulation and national legislation in the field of marine transportation of hydrocarbons, to pay increased attention to environmental safety issues.
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VanDeveer, Stacy D., et Geoffrey D. Dabelko. « It's Capacity, Stupid : International Assistance and National Implementation ». Global Environmental Politics 1, no 2 (1 mai 2001) : 18–29. http://dx.doi.org/10.1162/152638001750336569.
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Issues associated with state inability (or incapacity) to meet international commitments—and how to build such capacity—are now ubiquitous in the theorizing, practice and research agendas of international environmental cooperation. Yet “capacity” and “capacity building” remain under-specified at the conceptual level. They are neglected areas of empirical research, and generally unreflective in practice. International and national level policy-makers are struggling with questions about how best to enhance state, local and NGO capacities to meet international commitments. To illustrate the need for more conceptual attention and empirical research around issues of public sector capacity, the article presents a multi-dimensional understanding of public sector capacity and highlights programs that appear to be successfully building capacity in recipient countries and programs that seem to be unsuccessful. The article draws examples from multilateral assistance programs within regional marine pollution control regimes and from bilateral assistance programs associated with cleaning up radioactive legacies of the Cold War in post-communist states.
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Dobroboh, Lydmyla. « Complex ecological branch of law in terms of globalization ». Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no 2 (30 juin 2021) : 14–20. http://dx.doi.org/10.31733/2078-3566-2021-2-14-20.
Texte intégralRésumé :
The article deals with study of the impact of globalization on the development of a complex branch of environmental law. A significant development of science and technology in the modern world, the relative "development of the planet" and globalization processes necessitate the solution of qualitatively new scientific and applied problems and, in particular, the need to take into account the intensive development of world industry, limited natural resources and environmental requirements. and social mobility. The author has analyzed the most important historical events, implementation of international norms on environmental protection to national legislation. A particular attention has been paid to the development of the idea of environmental protection in European law in the second half of XX century and the separation within it of European environmental law. Recently, such important issues as the management of genetically modified organisms, the management of waste and hazardous chemicals, the reduction of harmful emissions into the atmosphere and water pollution have been regulated. This state of legal regulation of environmental relations at the level of international law has a positive impact on the national legislation of the Member States of the European Union and other states that have taken the European direction of development, including Ukraine. One of the important areas of cooperation between the European Union and Ukraine is the joint solution of problems in the field of environmental management and environmental protection. It has been concluded that the international legal regulation of environmental relations is a system of purposeful actions of subjects of international law, aimed at the rational use of nature and environmental protection in order to preserve it for present and future generations. The green economy is a priority for the European Union.
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Quynh, Le Xuan. « Book Review : Protecting the Marine Environment from Land-Based Sources of Pollution : Towards Effective International Cooperation by Daud Hassan ». International Journal of Environment and Pollution 40, no 1/2/3 (2010) : 282. http://dx.doi.org/10.1504/ijep.2010.030900.
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Kovban, А. V. « LEGAL GENESIS OF THE CONCEPT OF FREEDOM OF THE HIGH SEA ». Constitutional State, no 42 (7 juillet 2021) : 93–99. http://dx.doi.org/10.18524/2411-2054.2021.42.232421.
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The article examines the content of freedom of the high seas at the present stage of development, the role of the Conventions Maritime Law in the formation and formation of freedom of the high seas as an institution of international maritime law and analysis of the results of the Conventions. The author considers the legal genesis of the concept of freedom of the high seas and current trends in the transformation of freedom of the high seas in modern international maritime law. The principle of freedom of the high seas expresses the objective need of States and peoples for the free use of maritime space for international economic, political and cultural ties, as well as for the use of living ocean resources. An important transformation of international cooperation and legislation is also related to the principle of exclusive jurisdiction of the flag state. All four conventions have been widely recognized by the member states and are considered to be the most important stage in the codification of international maritime law and its further progressive development. The adoption of the four conventions meant that the unity of the law of the sea was lost, but there may be advantages: for example, the adoption of conventions and a single protocol, instead of a single legal act, tried to involve more states in at least some of the conventions. The creation of marine protected areas in the open waters of the world’s oceans outside national jurisdiction has no legal basis. The 1982 Convention does not give states the right to extend their jurisdiction to certain parts regardless of the objectives pursued, so the creation of marine protected areas on the high seas is impossible within the existing international legal framework.
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Varvaštian, Samvel. « Achieving the EU Air Policy Objectives in Due Time : A Reality or a Hoax ? » European Energy and Environmental Law Review 24, Issue 1 (1 février 2015) : 2–11. http://dx.doi.org/10.54648/eelr2015001.
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The identification of air pollution as a global problem contributing to health disorders and damage to the environment sparked the development of national legislation as well as international cooperation initiatives to improve air quality. As a result, the introduction of new and tighter air quality standards, national emission ceilings and more environmentally- friendly technologies led to significant progress in reducing the levels of different pollutants in the ambient air. However, notwithstanding the achieved success, the overall damage dealt by air pollution remains high, while further attempts to tackle it are losing their momentum. With no perceptible finish line, the situation could last for decades, claiming hundreds of thousands of lives and billions of Euros outlays annually, thus compromising the very foundation of air policy. The article addresses this problem from the EU perspective.
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Küpper, Frithjof C., et Nicholas A. Kamenos. « The future of marine biodiversity and marine ecosystem functioning in UK coastal and territorial waters (including UK Overseas Territories) – with an emphasis on marine macrophyte communities ». Botanica Marina 61, no 6 (19 décembre 2018) : 521–35. http://dx.doi.org/10.1515/bot-2018-0076.
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Abstract Marine biodiversity and ecosystem functioning – including seaweed communities – in the territorial waters of the UK and its Overseas Territories are facing unprecedented pressures. Key stressors are changes in ecosystem functioning due to biodiversity loss caused by ocean warming (species replacement and migration, e.g. affecting kelp forests), sea level rise (e.g. loss of habitats including salt marshes), plastic pollution (e.g. entanglement and ingestion), alien species with increasing numbers of alien seaweeds (e.g. outcompeting native species and parasite transmission), overexploitation (e.g. loss of energy supply further up the food web), habitat destruction (e.g. loss of nursery areas for commercially important species) and ocean acidification (e.g. skeletal weakening of ecosystem engineers including coralline algal beds). These stressors are currently affecting biodiversity, and their impact can be projected for the future. All stressors may act alone or in synergy. Marine biodiversity provides crucial goods and services. Climate change and biodiversity loss pose new challenges for legislation. In particular, there are implications of climate change for the designation and management of Marine Protected Areas and natural carbon storage by marine systems to help control the global climate system. The UK currently has legal obligations to protect biodiversity under international and European law.
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Thi, Gam Pham, Thang Nguyen Trung, Sunil Herat et Tung Nguyen Thanh. « Management of Marine Plastic Waste Generated from Land-based Sources in Viet Nam : Problems, Constraints, and Solutions ». International Journal of Environmental Science & ; Sustainable Development 6, no 1 (30 juin 2021) : 63. http://dx.doi.org/10.21625/essd.v6i1.792.
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Viet Nam is ranked No 5 in global plastic waste contribution to marine environment. The long coastline in Viet Nam provides a livelihood for millions of households as well as the food security for the whole country. The use of plastics per capita increased nearly eleven fold, from 3.8 kg/person in 1990 to 41 kg/person in 2015. The two highy populated cities (Hanoi and Ho Chi Minh City) alone generate 80 tonnes of plastic waste every day. Landfilling is the primary treatment method of solid waste while recycling is still limited. Tax for plastic bags exists, but implementation is not efficient. Application of Extended Producer Responsibility still faces many constraints. Regular monitoring and data collection related to the status of marine plastic waste pollution are inadequate. Moving forward Viet Nam needs to focus on a number of issues including strengthning the legislation, raising awareness, promoting research on innovative recycling technologies, and promoting international cooperation. This paper investigates current issues, challenges, and constraints in managing plastic waste in Viet Nam and makes recommendations for improvement. The paper utilises an unsystematic narrative overview as the research method.
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Charlebois, Patricia. « THE ROLE OF INTERNATIONAL INSTRUMENTS IN ADDRESSING PREVENTION, PREPAREDNESS AND RESPONSE TO OIL POLLUTION AND THE EXTENSION OF THESE TO ADDRESS THE CHALLENGE OF HAZARDOUS AND Noxious Substances (HNS) ». International Oil Spill Conference Proceedings 2008, no 1 (1 mai 2008) : 73–76. http://dx.doi.org/10.7901/2169-3358-2008-1-73.
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ABSTRACT As knowledge, policies and infrastructure related to marine oil spill prevention, preparedness and response have continued to evolve and are now considered to have reached a state of relative maturity; attention has more recently turned to developing systems to address spills of hazardous and noxious substances (HNS) in the marine environment. The International Maritime Organization (IMO), as the specialized agency of the United Nations with a global mandate for the protection of the marine environment from pollution caused by shipping, discharges its commitment to protecting the marine environment from pollution from oil and HNS at the global level along four different but interdependent paths: prevention, preparedness and response, and technical co-operation. Two mutually supporting IMO instruments that together address the Prevention-Preparedness-Response (PPR) continuum for HNS are: The International Convention for the Prevention of pollution from Ships, 1973, as modified by the Protocols of 1978 and 1997 relating thereto (MARPOL Convention), notably Annexes II (noxious liquid substances in bulk) and III (harmful substances carried by sea in packaged form), covering prevention, and the Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 (HNS Protocol), which addresses preparedness, response and cooperation to spills of HNS. Together, these instruments provide a framework for countries to establish the necessary systems for tackling the complex issue of prevention, preparedness and response to HNS, with the goal of embedding the principles set out in these instruments into national legislation and policy that are fully implemented at both institutional and operational levels. At the same time, it is equally recognized that the topic of preparedness and response to HNS is still in its infancy and that any systems developed must borrow heavily from the established systems for oil pollution, in order to maximize the use of existing capacity in planning and preparing for HNS, at the same time acknowledging the unique issues presented by these substances. The paper will examine these elements in greater detail and will discuss the requirements for developing systems for preparedness and response for oil and HNS, comparing areas of similarity, contrasting the differences and identifying the distinct considerations that are necessary for each.
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Coolbaugh, Thomas, Elisabeth Bonneville, Sophie Depraz, Helen Murphy et Peter Taylor. « The IMO/IPIECA Global Initiative : Expanding Government and Industry Cooperation into New Regions ». International Oil Spill Conference Proceedings 2014, no 1 (1 mai 2014) : 1342–52. http://dx.doi.org/10.7901/2169-3358-2014.1.1342.
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ABSTRACT As oil industry exploration and production activities and global marine shipping patterns have evolved, there is recognition of the potential for increased levels of oil spill risk in specific regions. In response to this, the IPIECA/IMO Global Initiative (GI) Programme is undergoing a period of broad expansion into regions where these increased activities may have the biggest potential impact. These same regions tend to show a need for improvement: consistency in the application of international legislation; effectiveness of regional agreements and national plans; and industry arrangements in order to minimize the likelihood of a significant incident and to mitigate the consequences. As is the case in the existing GI regions, the overall objective of any proposed new regional initiatives is to strengthen the cooperation between government and industry on oil spill related issues and to improve the capacity of countries to protect their marine and coastal environments and resources through the full implementation of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC). Three active and functional GI regional programmes have been established between 2003–13, covering (i) the Black Sea, Caspian Sea and Central Eurasia, (ii) West, Central and Southern Africa and (iii) South East Asia. The establishment and successes of these programmes are described, along with on-going work in this field in the Mediterranean Sea. As a result of increased oil and gas activity, IPIECA and IMO have identified East Africa as a “high priority” region for future GI activities. In 2013, IPIECA has commissioned a report to outline the existing level of oil spill risk from upstream and shipping activities and assess the existing preparedness and resource capabilities of government and industry within the region. The current status of this effort will be reviewed. The possible development of a GI programme for coastal China that would provide spill preparedness and response technical workshops in China will be reviewed with particular emphasis on a 2012 agreement between the Chinese Maritime Safety Agency, IPIECA, and the IMO.
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Svetskiy, Arseniy Vladimirovich. « Ensuring Safety and Environmental Protection During International Sea Transportation of Hydrocarbons ». Международное право, no 4 (avril 2022) : 12–22. http://dx.doi.org/10.25136/2644-5514.2022.4.39140.
Texte intégralRésumé :
The subject of the study is the norms of international law regulating the activities to ensure safety during the transportation of oil and petroleum products. Special attention is paid to the protection of the marine environment from pollution. The author analyzes the international legal documents regulating the protection of the marine environment during the transportation of oil and petroleum products by sea, the existing mechanisms to prevent the occurrence of possible accidents. Recommendations are given to improve the level of marine environment protection during the extraction and transportation of hydrocarbons. It is shown that liquefied natural gas has a number of environmental, commercial and energy advantages over other types of fossil fuels. Since a common cause of accidents that entail oil and petroleum product spills is the wear and tear of the equipment used in various cycles of production and transportation of both oil and LNG, it is concluded that proper monitoring of the technical condition of the equipment in operation, improvement of the legal framework in this area, as well as compliance with the requirements of legislation in order to identification of objects whose condition poses a threat to the environment. It is noted that a special role in preventing the negative impact on the state of the environment during the transportation of petroleum products belongs to regional agreements on the protection of the marine environment, since in this case the issue has a more substantive character for each region. The article discusses various directions of using artificial intelligence to increase the level of safety of international sea transportation of hydrocarbons.
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Mangku, Dewa Gede Sudika. « PERLINDUNGAN DAN PELESTARIAN LINGKUNGAN LAUT MENURUT HUKUM INTERNASIONAL ». TANJUNGPURA LAW JOURNAL 4, no 2 (15 août 2020) : 161. http://dx.doi.org/10.26418/tlj.v4i2.41910.
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Issues relating to the protection of the marine environtment are of concern, including by international law. This research discusses the prtection and preservation of the marine environment according to international law. This research is a normative legal research. The approach used is the statutory approach. The research results show that the protection and preservation of the marine environment receives serious attention by international law, especially through regulation through the 1982 Nations Convention on the Law of the Sea (UNCLOS) which fully regulates the protection and preservation of the marine environment in a Chapter, namely Chapter XII which consists of 45 articles (192-237). In this Chapter there are several important aspects relating to the protection and preservation of the marine environment, namely the existence of general obligations of countries in terms of protecting the marine environment (Articles 192-160), obligations of the state in terms of pollution (Articles 194-196), global cooperation and in the framework of protecting the marine environment (Articles 197-201), technical assistance (Articles 202-203), environmental monitoring and analysis (Articles 204-206), making laws and regulations and accompanying law enforcement (Articles 207-234), responsibilities and compensation obligations (Article 235), immunity rights (Article 236), obligations under other conventions concerning the protection of the marine environment (Article 237). Persoalan berkaitan perlindungan lingkungan laut menjadi perhatian, termasuk oleh hukum internasional. Penelitian ini membahas perlindungan dan pelestarian lingkungan laut menurut hukum internasional. Penelitian ini adalah penelitian hukum normatif. Pendekatan yang digunakan adalah pendekatan perundangan-undangan. Dari hasil penelitian didapatkan hasil bahwa perlindungan dan pelestarian lingkungan laut mendapatkan perhatian serius oleh hukum internasional, terutama melalui pengaturan melalui Nations Convention on The Law of the Sea (UNCLOS) 1982 yang secara lengkap mengatur mengenai perlindungan dan pelestarian lingkungan laut dalam suatu Bab, yaitu Bab XII yang terdiri atas 45 pasal (192- 237). Dalam Bab tersebut terdapat beberapa aspek penting yang berkaitan dengan perlindungan dan pelestarian lingkungan laut, yaitu adanya kewajiban umum negara-negara dalam hal perlindungan lingkungan laut (Pasal 192- 193), kewajiban negara dalam hal pencemaran (Pasal 194-196), kerjasama global dan regional dalam rangka perlindungan lingkungan laut (Pasal 197- 201), bantuan teknik (Pasal 202-203), monitoring dan analisa lingkungan (Pasal 204-206), pembuatan peraturan perundang-undang disertai penegakan hukumnya (Pasal 207-234), tanggung jawab dan kewajiban ganti rugi (Pasal 235), hak kekebalan (Pasal 236), kewajiban-kewajiban berdasarkan konvensi lain mengenai perlindungan lingkungan laut (Pasal 237).
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Tarigan, Vita Cita Emia. « Inhibiting Factors Implementation of Tripartite Agreement in Indonesia ». Journal of Social Science Studies 5, no 1 (6 juillet 2017) : 100. http://dx.doi.org/10.5296/jsss.v5i1.11489.
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The environment of the world is a gift from Allah SWT without a healthy environment, the survival of the future is a necessity. The most important and urgent problem now is pollution, especially contamination of the marine environment. One of the most vulnerable places in the world today is the Malacca Strait, as many accidents vessel leading to high levels of pollution in this strait. One solution to this problem is the publication of The Agreement on Navigation Safety in The Straits of Malacca and Singapore in 1977 or commonly known as the Tripartite Agreement. However, instead of diminishing the problem of marine pollution due to accidents, especially ship in Indonesian waters in the Malacca Strait was even more severe. As for the problem of this research is the lack of clarity of legislation as one of the barriers faced by Indonesia in the implementation of the tripartite agreement. This method using a right socio-historical approach and conceptual approach used in the legal approach and the sociological approach is used to support the legal approach. The legal material used is material in International Law and National, also conducted interviews to those who have relevance to this study. The data collection process will be done in the literature and the field. The results based on the theory of joint Edy Pratomo, Indonesia should made the Tripartite Agreement is added to the basis of the formation of the implementing regulations in terms of environmental pollution control marine in the waterway since the tripartite agreement does not require ratification in implementation and problems control was important and urgent for the survival of many citizens Indonesia. Later this regulation will also serve as an effort to harmonize and synchronize the many regulations in Indonesia regarding the control of pollution of the marine environment.
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Doronina, Anna K. « Arctic Environment Protection Issues in Carrying out of Activities in Near-Shore Areas and on the Continental Shelf ». Legal education and science 4 (10 mai 2018) : 33–37. http://dx.doi.org/10.18572/1813-1190-2018-4-33-37.
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Purpose. This article attempts to analyze the environmental acts of the Arctic coastal states in the field of protection of the Arctic marine environment, analyzes the legal mechanisms applied in various coastal Arctic states for the possibility of implementation some of them in the Russian legal system. Methods: dialectics, analysis, synthesis, generalization, comparison, analogy, formallegal method, comparative legal method. Results. To ensure the protection of the environment of the Russian Arctic, to prevent environmental damade to its fragile ecosystems and to compensate for the accumulated damage, attention should be paid to the experience of other Arctic states and international organizations in relation to this issue. Firstly, to the compensation funds; secondly, on the issues of transboundary pollution; thirdly, to prevention of unauthorized navigation in the Arctic waters; fourthly, on the possibility of creating panarctic protected marine areas. Scientific and practical significance. The conducted research develops and clarifies the theoretical provisions that exist in the science of environmental law concerning the legal mechanisms for the protection of the Arctic environment. The findings of this study will allow the legislative bodies to pay attention to other legal mechanisms for environmental protection, which can serve as a basis for improving Russian legislation.
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Yu, Yanan, et Yude Shao. « Challenges for Cruise Sustainable Development and Its Legal Response : The Case of China ». Sustainability 13, no 11 (28 mai 2021) : 6118. http://dx.doi.org/10.3390/su13116118.
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The cruise industry has become one of the fastest-growing segments of global tourism industry in recent years. Its growth has led to some concerns about its impact on the marine environment, as cruise ships cause no less pollution than regular ships. China’s cruise industry began late but has achieved fast development. However, there are still many challenges related to China’s environmental legislation, and there is no clear-cut legal framework for the environmental protection of cruise ships in the various regulations in China. The legal literature on this issue is insufficient, and this paper attempts to fill the gap. First, it provides an overview of the global cruise industry, including the basic situation of cruise pollution. Second, it briefly introduces the relevant international conventions, and Chinese laws and regulations. Third, it analyzes the recent environmental challenges that cruise ships have faced. The goal of this paper is to give a legal direction for how the cruise industry can grow in ways that are both sustainable and responsible.
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Golovina, Ekaterina, et Karina Karennik. « Modern Trends in the Field of Solving Transboundary Problems in Groundwater Extraction ». Resources 10, no 10 (19 octobre 2021) : 107. http://dx.doi.org/10.3390/resources10100107.
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The intensive exploitation of water resources negatively affects the ecological situation in many international water objects. The problem of a shortage of drinking water is aggravating, water bodies are subject to pollution by domestic and industrial wastewater, and the water quality in the basins of international water courses continues to deteriorate. This situation primarily requires legal regulation. Until recently, despite a significant number of existing international treaties on the use of transboundary waters, there was no universal international legal act to systematize the basic principles and norms of behavior of the states in this area. The most important direction for improving public administration in the field of use and protection of transboundary groundwater bodies is the development and expansion of international cooperation and the legal consolidation of the rights and obligations of states through the adoption of legislative acts on various levels. Modern international policy in the field of transboundary groundwater resources management is undergoing significant changes. The very concept of a transboundary territory in relation to groundwater extraction was adopted both in Russia and in Europe in the early 2000s. However, the main criteria for the definition of a transboundary territory have not yet been formulated anywhere. This gives rise to the need to define a transboundary aquifer in international legislation, as well as to limit the size of this aquifer. This paper is devoted to the analysis of approaches to the definition of “transboundary aquifer”, emerging problems in this area, the legal framework, and conflicts in the field of transboundary regulation of groundwater. The zone of responsibility in groundwater extraction at the transboundary territory of neighboring states is defined.
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Barrowclough, Diana, et Carolyn Birkbeck. « Transforming the Global Plastics Economy : The Role of Economic Policies in the Global Governance of Plastic Pollution ». Social Sciences 11, no 1 (14 janvier 2022) : 26. http://dx.doi.org/10.3390/socsci11010026.
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International policy discussions on plastic pollution are entering a new phase, with more than 100 governments calling for the launch of negotiations for a new global plastics agreement in 2022. This article aims to contribute to efforts to identify effective international policy levers to address plastic pollution. It takes stock of the evolution of views and perceptions on this complex and multi-faceted topic—from concerns about marine pollution and waste management towards new strategic directions that involve the entire plastics life-cycle and include climate and health impacts associated with the proliferation of plastics. It also traces the progressive development of responses—from voluntary approaches involving multiple stakeholders to national and international approaches focused on regulation. The paper is informed by desk research, a literature review and participation by the authors in informal and formal global governance processes on plastic pollution, the environment and development in the United Nations and World Trade Organization between 2019 and 2021. It also draws on empirical findings from a novel and original database on the life-cycle of plastic trade created by the authors. The paper argues that the important focus on downstream dimensions of plastic pollution—and strategies to address them—needs to be complemented by a broad life-cycle and “upstream” perspective that addresses plastic pollution at its source. It highlights the political economy tensions and inconsistencies at hand, observing that while some countries are taking concerted efforts to reduce pollution (including through bans on certain kinds of plastic and plastic products); to promote more circular plastic economies; and to reduce the carbon footprint of plastics (as part of a wider effort to decarbonize their economies), trade and investment in the plastic industry continues to rise. The paper argues that to reduce plastic pollution, emerging global governance efforts must integrate international environmental law and cooperation with a complementary and enabling global framework that addresses the economic, financial, industrial and trade policies needed to drive the necessary transformation of the plastics sector.
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GUDEV, Pavel. « The Northern Sea Route : Problems of National Status Legitimization under International Law. Part II ». Arctic and North, no 41 (24 décembre 2020) : 130–47. http://dx.doi.org/10.37482/issn2221-2698.2020.41.130.
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The second part of the paper shows that the regime of navigation in the Arctic, particularly on the NSR, defended by Russia today, is much more liberal than that which existed in the Soviet years: up to the Gorbachev’s 1987 Murmansk speech the Soviet Arctic was a closed sea region for foreign navigation. Per-missive order of passage established today at the level of Russian national legislation applies only to civil ships, and in the framework of the 1982 Convention, measures to protect the marine environment from pollution from ships cannot be applied to warships, military auxiliary ships, and ships on the state non-commercial service. However, the presence on the Northern Sea routes of water areas with the status of internal historical waters, including several Arctic straits, plus the special legal status of the Arctic, which is not limited exclusively to the 1982 Convention, allows Russia to insist on the applicability of the permit regime also to foreign warships. This approach is based mainly on the two states’ practice with the longest coastline in the Arctic: the USSR and Canada. Navigation along the NSR in today’s ice conditions is not yet possible without passing through the waters of the Russian Arctic Straits, whose waters are classified by the USSR as internal on historical legal grounds. Although under the 1982 Convention, they can be conditionally regarded as international, the lack of permanent transit through them makes it possible not to recognize them as such. However, the Russian Federation’s task to turn the NSR into an international shipping route may lead to a weakening of the current legal position. A similar situation may arise concerning the enforcement of Article 234 “Ice Covered Areas” of the 1982 Convention, which gives the Arctic countries additional rights in the field of navigation control. Lack of ice cover in the Arctic during most of the year can significantly strengthen the position of Russia’s opponents, who insist on a too broad interpretation of this article on our part. Finally, climatic changes may lead to the NSR becoming more latitudinal, and then the Russian Federation will lose any legal grounds to regulate navigation.
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Boyko, E. A., N. N. Goncharuk, A. D. Dashitsyrenova, N. A. Kostenko, Oksana O. Sinitsina et M. P. Shevyreva. « About the formation of legislation in the field of chemical and biological safety of the Russian Federation ». Hygiene and sanitation 95, no 8 (28 octobre 2019) : 717–21. http://dx.doi.org/10.18821/0016-9900-2016-95-8-717-721.
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The realization of the package of measures directed at the consecutive decrease of the negative effect of hazardous chemical and biological factors on the population and environment to the acceptable risk level stipulates the development of standard legal regulation in the field of ensuring the chemical and biological safety. For this purpose article presents substantiation and conceptual approaches to the creation of legislation in the field of the chemical and biological security of the Russian Federation within the pursued state policy. In determination of conceptual approaches, in the article there are reported: the main idea, the purpose, a subject of legal regulation, the circle of people who will be subjected to the laws, the place offuture laws in the system of current legislation, the provisions of the Constitution of the Russian Federation, the Federal backbone laws of the Russian Federation to realization of which laws are directed, there is given the general characteristic and an assessment of a condition of legal regulation in this field, results of the analysis of the information on the need for correspondence of Russian laws to provision of international treaties, concerning prohibitions of the biological and chemical weapon, safe handling with biological agents and chemicals, and also the development of uniform procedures of ensuring chemical and biological safety. The major aspect in the shaping of the legislation is the global character ofproblems of chemical and biological safety in this connection in article there is indicated the need of rapprochement of rules of law for this area with partners in economic cooperation and integration. Taking into account an orientation of future laws on the decrease in the level of the negative impact of dangerous chemical and biological factors on the population and environment, there are designated medical, social, economic and political consequences of their implementation. There are presented the proposed structure for bills: “About biological safety”, “On Chemical Safety” and “On the National collection of pathogens.
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Shirai, Sakae. « HISTORICAL BUILDUP OF OIL SPILL RESPONSE CAPABILITY IN JAPAN ». International Oil Spill Conference Proceedings 1993, no 1 (1 mars 1993) : 39–43. http://dx.doi.org/10.7901/2169-3358-1993-1-39.
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ABSTRACT With the large oil spill that occurred in 1971 as an impetus, Japan's Maritime Pollution and Disaster Prevention Law was amended in 1973 and subsequently in 1976. The amendments required owners of vessels and petroleum facilities to retain designated quantities of oil boom, sorbent, dispersant, and other items to minimize impact from spills. A large oil spill caused by a ruptured crude oil storage tank in 1974 led to the enactment of additional legislation: the Petroleum Complex Disaster Prevention Law. Under this, petroleum facilities are required to maintain designated quantities of oil boom, oil boom deploying vessels, skimming boats, and the like. These legislative measures, together with voluntary efforts, have contributed to a sound buildup of the nation's oil spill response force. However, the response capability including stockpiled materials and equipment has been designed primarily to cope with incidents in closed waters such as inland seas, bays, and ports, and hence not for a oil spill in open seas as large as that from the Exxon Valdez. As one of the measures under the 1990 International Convention for Oil Spill Preparedness, Response and Cooperation, the Government of Japan has entrusted the Petroleum Association of Japan with an oil spill response capability reinforcement project to cope with a large oil spill should one occur in Japanese waters or nearby seas. Under the scheme, during the 5 year period beginning in 1991, the Petroleum Association of Japan is scheduled to build up, using subsidies from the government, stockpiles of cleanup equipment and materials and to augment the existing response capability.
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Kuznietsov, S. S. « AZOV-KERCH WATER SPACES IN THE CONCEPT OF HISTORICAL WATERS ». Constitutional State, no 42 (7 juillet 2021) : 108–14. http://dx.doi.org/10.18524/2411-2054.2021.42.232425.
Texte intégralRésumé :
The article is devoted to the definition of the possibilities of the concept of modern international maritime law on the regime of historical waters to the Sea of Azov and the Kerch Strait application. The weak development of the concept of historical waters in the modern legal doctrine is observed, especially concerning the Azov-Kerch waters. This defines the purpose of the article, and namely, to establish the appropriateness of classifying them as historical waters on the basis of the modern relations characteristics concerning the establishment of the maritime spaces’ regime of this region. The methodological basis of the article consisted of dialectical, historical methods, methods of analysis and synthesis, formal-legal and prognostic methods. The article studies the main scientific approaches to the development of grounds and mechanisms for recognizing certain marine areas as state historical waters. The absence of at list such grounds and mechanisms in modern international public maritime law and national legislation of Ukraine is emphasized. The Azov-Kerch water spaces is among of priority of Ukrainian national interests and the importance of creating the favorable environment for the development of seaports in the region. The attention is paid to the fact that the delimitation of the Azov-Kerch waters was discussed for a long time, but so far no mutually acceptable solution was reached: the attitudes of the parties and their justifications are different, and taking into account the temporary occupation and lasting conflict between two countries the search for a compromise may be delayed indefinitely. The idea of holding an international conference to determine the legal status and use of the Sea of Azov and the Kerch Strait and the signing of the relevant international agreement was supported. It is possible to terminate the current bilateral agreements because of this: the Agreement on Cooperation in the Use of the Sea of Azov and the Kerch Strait in 2003 and the Fishery Agreement on Fishing in the Sea of Azov in 1993. It is concluded that the historicity of Azov-Kerch waters belonging to the inland waters of only two countries has now exhausted itself. The interests of the much larger number of countries meet in this region, and the development of the universal international agreement concerning it has long been “felt” not only bilaterally but also regionally in order to build the balanced neighborhood policy and respect the interests of all concert parties.
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Nelson, J. Gordon, et Roger D. Needham. « The Arctic as a Regional Sea ». Environmental Conservation 12, no 1 (1985) : 7–15. http://dx.doi.org/10.1017/s0376892900015101.
Texte intégralRésumé :
Although many people still view the Arctic as little affected by human activity, the region has been the home of Man for thousands of years and its wildlife and ecology have been changed in many ways in the last four hundred years as a result particularly of the commercial and technical activities of western industrial nations. Three forces are, however, now bringing more and more attention to the use and conservation of arctic lands and seas: (a) arctic petroleum exploration and development, which is becoming increasingly extensive offshore in Alaska, Canada, and Norway; (2) The Law of the Sea Convention, which is leading to the division of the formerly open Arctic into large spheres of national jurisdiction through the declaration of Exclusive Economic Zones (EEZ); and (3) the World Conservation Strategy, which is providing the conceptual basis for the international cooperation and comprehensive management that is clearly needed to introduce sustainable development in the Arctic.It is suggested that one promising means of planning and implementing balanced use and conservation in the waters and adjacent lands of the Arctic is through the UNEP Regional Seas Programme. This institutional arrangement is already being used in similar resource-management circumstances in eleven other regions of the world. The Regional Seas Programme is action-oriented and includes four basic elements: (1) promotion of international and regional conventions, guidelines, and activities; (2) assessment of marine pollution and related effects; (3) coordination in protection, development, and management; and (4) support through training, education, and other means.
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Gudev, P. « Non-Military Treats to the Arctic Security ». World Economy and International Relations 60, no 2 (2016) : 72–82. http://dx.doi.org/10.20542/0131-2227-2016-60-2-72-82.
Texte intégralRésumé :
The supposed ice melting process leads to a fundamental change in the geopolitical status of the Arctic region: it is becoming more open to different kinds of maritime activities implementation, including navigation, commercial fishing, mineral and energy resources extraction. Not only the Arctic Five (A5) countries, whose coasts are directly washed by the Arctic Ocean, are interested in their realization, but non-regional states also. The 1982 UN Convention on the Law of the Sea (UNCLOS) gives them such opportunities. According to UNCLOS, the central part of the Arctic Ocean beyond the 200-mile exclusive economic zones (EEZ) of the Arctic countries can be considered as a high seas enclave, with all freedoms of the high seas: of navigation; of overflight; of fishing; of scientific research; freedom to lay submarine cables and pipelines; to construct artificial islands and other installations. The high seas are open to all states, whether coastal or land-locked, which have equal rights here. In addition, it should be noted that other countries have a right to carry out certain practical activities associated with three (out of six) freedoms named above: of navigation (with some restrictions under Article 234 of UNCLOS); of overflight; freedom to lay submarine cables and pipelines – within the Arctic states EEZ. The appearance of new Arctic players interested in its spaces and resources is connected with significant increase in risks and threats, primarily non-military. This is largely due to fundamental differences between the Arctic Ocean and other sea areas, such as the Indian or Atlantic Ocean. Among these differences: only five Arctic states are washed by the Arctic Ocean’s waters; shallow depth; small total area; a significant length of the shelf zone; special climate conditions, including ice cap; finally – ecological vulnerability. In this regard, the process of the Arctic region’s opening for different kinds of maritime activities implementation poses a problem of the environmental security, protection and preservation of the marine environment and its biological diversity. Despite the fact that security issues in their traditional interpretation are not under the jurisdiction of the Arctic Council, its primary environmental focus indicates that these issues are directly correlated with the main area of its activities. Anyway, the modern interpretation of the "security" concept includes not only a "military", but also an “environmental” component. For the Arctic states, whose geographical position makes them the first victims of any environmental disaster in the region, the provision of environmental security should be the main priority in their mutual policies. The most effective model for the non-military security threats response in the Arctic is cooperation and coordination between all Arctic states at the regional level. One of the problems in the way is that the Arctic Ocean could not be compared with the Baltic and Mediterranean Seas, to which the Article 123 of the UNCLOS "Cooperation of States Bordering Enclosed or Semi-Enclosed Seas" provides the states' right to “coordinate the management, conservation, exploration and exploitation of the living resources of the sea”, and to “coordinate the implementation of their rights and duties with respect to the protection and preservation of the marine environment”. However, the recent transformation of the international maritime law gives Arctic countries some opportunities in this area. First, the regime of the high seas is becoming less conducive for implementation of specific types of maritime activities. In the future, we can expect that the extent of regulation in this area of the World ocean will be significantly increased. The implementation of the high seas freedoms is largely conditioned by the realization of the tasks to protect and preserve the marine environment and its biodiversity. Second, there is a continuing practice of expanding the authority of coastal states in their jurisdiction zones, especially in the EEZ. Despite the fact that the coastal state is not granted any competence in the field of the EEZ security, the practice of a broad interpretation of the “security” concept includes food, resource and environment security. The enforcement of such security regimes is becoming an increasingly common practice, even though it imposes certain restrictions for third countries’ rights in these sea areas. Finally, the adoption of security measures in the EEZ, on one hand, and at the high sea, on the other, should be recognized interdependent and considered all together. In the near future, the number of potential security threats can be significantly expanded due to the increase in the number of maritime activities participants. In addition to the already existing non-military threats (pollution of the marine environment; illegal, unregulated and unreported fishing), new threats may appear: armed robbery of ships (piracy); acts of terrorism affecting both the shipping and offshore installations (oil and gas platforms); illegal transportation of weapons, including weapons of mass destruction (WMD); illegal transportation of narcotic drugs and psychotropic substances; illegal movement of people by sea, including illegal migration. An effective response to these types of threats requires not only individual efforts of the Arctic Five countries, but also collective security measures. In this regard, in order to create a regional security model, the development of collaboration and cooperation between the Arctic countries is essential. Acknowledgements. The article was prepared within the Russian Humanitarian Scientifi c Foundation Project No. 14-07-00050 “Institutions and Principles of Supranational Governance Formation in World Politics: Concepts and Activities”.
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Kaštelan-Macan, Marija, Marijan Ahel, Alka J. M. Horvat, Dalila Jabučar et Petar Jovančić. « Water resources and waste water management in Bosnia and Herzegovina, Croatia and the State Union of Serbia and Montenegro ». Water Policy 9, no 3 (1 juin 2007) : 319–43. http://dx.doi.org/10.2166/wp.2007.003.
Texte intégralRésumé :
This work provides an inventory of water resources and presents the current status of water supply, water quality as well as wastewater management in Bosnia and Herzegovina, Croatia and the State Union of Serbia and Montenegro, established after the break-up of the former Yugoslavia. All three countries are very rich in water resources, pertaining in a large percentage to the Adriatic and Black Sea basins. However, this richness is not adequately reflected in the current status of the public water supply. Water supply is satisfactory only in bigger cities, whereas rural populations still largely depend on the local sources. Furthermore, with respect to integrated water management, there is a big discrepancy between the capacities of water supply and drainage and those for municipal and industrial wastewater treatment. Only a small percentage of wastewaters receive at least some treatment, putting those receiving natural waters at considerable risk. Nevertheless, available reports on the water quality of ambient waters do not reveal the existence of this problem on a wider scale, but indicate only few hot spots. Microbiological pollution near big cities and patchy elevated levels of heavy metals and organic pollutants around industrial plants and agricultural lands belong to these exceptions. Such a relatively favourable situation is, partly, a consequence of a significant decrease in economic activities, which is characteristic of all transition countries, but it also reveals the impact of the recent wars in the region. Political and military conflicts in the region generated mutual distrust and lack of cooperation between the three countries. However, attempts are being made to resolve most of the issues related to cross-border contamination by signing international and regional treaties. As a part of pre-accession activities, all three states are harmonizing their legislation with the EU and are joining scientific projects on the water protection of other western countries. This is expected to bring considerable benefits to the local population and to make economic development more vigorous.
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Astasheva, O., et V. Cheban. « Possible environmental solutions to oil spills in the Black Sea due to the Russian invasion (on the examples of the U.S. and international experience dealing with oil spills) ». Uzhhorod National University Herald. Series : Law 2, no 74 (10 février 2023) : 7–11. http://dx.doi.org/10.24144/2307-3322.2022.74.33.
Texte intégralRésumé :
The Black Sea is an inland sea, that is basically isolated from the World Ocean. Even though it is connected only with the Mediterranean Sea through the Turkish Straits, the Black Sea is very environmentally vulnerable. Armed conflict invariably has a negative impact on nature. Oil spills that happened because of Russian invasion have radically changed the ecosystems of the Black Sea, and subsequently seriously threatened its biodiversity, and ecosystem as a whole. During the last 20-30 years, even before the full-scale Russian invasion, specialists of the Ukrainian Scientific Center for Marine Ecology, together with the EMBLAS project, were deeply worried about changes in the Black Sea [1].
Even more rapid change in the Black Sea ecosystem happened in June 2022 when Russian forces used two anti-ship missiles to target an abandoned cargo tanker adrift in the northern Black Sea. The vessel was loaded with around 600 tons of diesel fuel. The abandoned tankers, with thousands of barrels of diesel fuel, constituted an “environmental time bomb [2].”
As to the existing framework, in 1992, six coastal countries (Bulgaria, Georgia, Romania, the Russian Federation, Turkey and Ukraine) signed and ratified the Convention on the Protection of the Black Sea from Pollution. Since then, the Black Sea Pollution Protection Commission has been responsible for the sustainable management of the Black Sea. The real effectiveness of this Commission turned out to be very low considering the fact that not a single act was adopted for the preservation of the Black Sea in terms of Russian invasion since February 24th 2022.
Indeed, there is some legal protection for nature under the laws of armed conflict too, although these laws are ambiguous and have strict limitations. For instance, there is a set of Draft Principles for environmental preservation in relation to armed conflict, which was just adopted by the UN International Law Commission.
Thus, in the absence of adequate international mechanisms to address oil spills immediately, it is worth to take into account well established US Response System as the federal government mechanism to respond to discharges of oil into navigable waters of the US. While this system functions through a cooperative network of federal, state, and local agencies, Ukraine lacks this coordinated cooperation, and cannot respond properly to the significant contamination of the Black Sea.
Thus, we will reveal the existing international mechanisms to combat oil spills. Then, we will mainly focus on US Governing policies that deal with oil spills on the Exxon Valdez oil spill example, applying it to the existing policies in Ukraine.
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ILCHENKO, S. V., et V. О. DIAKOV. « COMPARATIVE ANALYSIS OF THE DYNAMICS OF DEVELOPMENT OF INSURANCE IN THE SPHERE OF WATER TRANSPORT : UKRAINIAN PRACTICE AND FOREIGN EXPERIENCE ». Economic innovations 24, no 2(83) (20 juin 2022) : 66–77. http://dx.doi.org/10.31520/ei.2022.24.2(83).66-77.
Texte intégralRésumé :
Topicality. Water transport is an important part of the infrastructure of the transport system of any country that has access to the sea or inland waterways and the ability of the country to participate in international trade and transport goods abroad. There is a certain water dependence, which is determined by the geographical access of countries to maritime and inland waterways, since access to them is one of the key factors in attracting world capital. By means of water transport in Ukraine, one third of all cargoes in the field of water transport are annually transported by inland waterways, among which are mainly construction cargo, grain, metal products, chemical products. However, when transporting goods, there are certain risks that require insurance when using water transport. Therefore, it is important in the current conditions of the policy of resource saving and greening of water transport activities to conduct research on the economic aspects of water transport insurance, in particular insurance of risks arising from the use of sea and inland waterways of Ukraine, during the conduct of economic activities by water transport enterprises require a separate study for the merits of favorable economic conditions for international cooperation, harmonization of the economic qualities of the foreign policy of states, increasing the efficiency of domestic insurance, etc.Aim and tasks. The purpose of the article is to conduct a comparative analysis of Ukrainian practice and foreign experience in the dynamics of the development of insurance in the field of water transport.Research results. The current insurance international and domestic organizations consider the issues of insurance in the field of water transport and taking into account climatic, economic, political, environmental, informational, innovative and other factors that improve the conditions under which insurance takes place: ships as property against any adverse events that protect the ship, taking into account the furniture and objects of the vessel; liability under which the ship is insured in the event of an accident, collision or any attack that may result in loss or damage; cargo, in which expenses are compensated for the loss or damage to the cargo of the shipping company from the insurance company. Based on the statistical and analytical data of international organizations, it has been determined that the greatest demandin terms of insurance premiums is for cargo and property insurance services of shipping companies among the countries of Europe and the Asia-Pacific region. The materials of the National Commission, which carries out state regulation in the field of financial services markets, whose functions in the field of insurance have been distributed to the National Bank of Ukraine since July 1, 2020, have been analyzed; water transport, provided for by the legislation of Ukraine. Based on the use of methods of retrospective and statistical analysis, detailing and comparison, an analysis of the main indicators of voluntary insurance was carried out: in the field of water transport of Ukraine (marine inland and other types of water transport), which determined the positive recovery dynamics of the development of this type of insurance with a simultaneous increase in net insurance premiums ; liability of water transport owners (including the liability of the carrier), according to which the annual loss of consumers is determined, which is mainly due to the reduction in the number of water transport vehicles and its high wear and tear, which, in turn, makes it impossible to accept the corresponding risks and insurance; cargo and luggage (cargo luggage), which has a significant positive development dynamics and is the largest type of insurance in terms of gross receipts of insurance payments and is in significant demand among water transport entities.Conclusion. Based on the analysis of foreign experience, it was determined that, in general, the global marine insurance market has positive trends, which is mainly due to the increase in the premium base and significantly low claims in 2020, as well as the gradual recovery of the economies of countries after the first consequences of the pandemic. An analysis of Ukrainian practice made it possible to establish the dynamics of the development of insurance in the field of water transport, the absence and receipt of insurance payments (premiums, contributions), and, accordingly, insurance payments for compulsory types of insurance in the field of water transport, provided for by domestic legislation. However, in the field of voluntary insurance, based on the number of contracts, the volume of insurance payments and payments, cargo and luggage insurance (cargo luggage) is in greatest demand. Also, agreements are made on insurance of water transport (marine inland and other types of water transport) and liability insurance of water transport owners (including the liability of the carrier). The studies carried out made it possible to determine the need to improve the regulatory framework for the development of insurance on inland waterways in order to protect and preserve the environment, as well as to minimize pollution risks and impose liability on insurance companies.
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Валентина Ивановна, Шиян,. « Environmental crime as a threat to the national security of the Russian Federation ». Расследование преступлений : проблемы и пути их решения, no 3(37) (10 octobre 2022) : 85–91. http://dx.doi.org/10.54217/2411-1627.2022.37.3.010.
Texte intégralRésumé :
В настоящее время экологическая преступность относится к числу угроз национальной безопасности Российской Федерации, поскольку, несмотря на незначительный удельный вес в структуре преступности, причиняет существенный, а порой и невосполнимый вред окружающей среде, усиливает влияние антропогенных факторов, что приводит к количественным и качественным изменениям природы. В частности, способствует снижению плодородия почв, дефициту водных ресурсов, ухудшению состояния морских экосистем, биологического разнообразия; усиливает загрязнение окружающей среды; способствует возникновению чрезвычайных ситуаций природного и техногенного характера, международной напряженности и конфликтам между государствами. В результате влечет за собой снижение качества жизни человека, причиняет вред его жизни или здоровью либо создает угрозу причинения такого вреда. Цель исследования: на основе изучения норм уголовного законодательства, фундаментальных положений криминологии и статистических форм ФКУ «ГИАЦ МВД России» (№ 491, 492 и 494 за период с 2017 по 2021 г.) дать оценку современному состоянию и тенденциям экологической преступности. Методы. В процессе исследования использовались общенаучные (системный анализ, синтез, индукция, дедукция, гипотеза, обобщение, системный подход, моделирование) и частнонаучные методы познания (статистический, математический, формально-юридический, сравнительно-правовой). Результаты. Невзирая на тенденцию снижения количества зарегистрированных экологических преступлений и числа лиц, их совершивших, меры по профилактике экологической преступности должны постоянно совершенствоваться, иметь комплексный, регулярный и наступательный характер. Учитывая транснациональный характер исследуемого вида преступности, важным направлением в ее предупреждении должно быть международное сотрудничество. Совершенно очевидно, что решение проблем, возникающих в сфере борьбы с экопреступностью, не может обойтись и без использования достижений современной науки. Currently, environmental crime is one of the threats to the national security of the Russian Federation, because, despite its insignificant share in the structure of crime, it causes significant harm to the environment, increases the influence of anthropogenic factors, which leads to quantitative and qualitative changes in nature. In particular, it contributes to the reduction of soil fertility, water scarcity, deterioration of marine ecosystems, and biological diversity; increases environmental pollution; contributes to the emergence of natural and man-made emergencies, international tensions and conflicts between states. As a result, it entails a decrease in the quality of human life, causes harm to his life or health, or creates a threat of causing such harm. The purpose of the study: based on the study of the norms of criminal law, the fundamental provisions of criminology and statistical data for the period from 2017 to 2021, to assess the current state and trends of environmental crime. Methods. The author uses general scientific (system analysis, synthesis, induction, deduction, hypothesis, generalization, system approach, modeling) and particular scientific methods of cognition (statistical, mathematical, formal legal, comparative legal). Results. Despite the downward trend in the number of registered environmental crimes and the number of persons who committed them, measures to prevent environmental crime must be constantly improved, have a comprehensive, regular and offensive character. Given the transnational nature of the type of crime under study, international cooperation should be an important direction in its prevention. It is obvious that the solution of problems arising in the field of combating eco-crime cannot do without the use of the achievements of modern science.
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Strygina, S. V. « Legal regulation of solving problems of pollution prevention Oceans ». TRENDS IN THE DEVELOPMENT OF SCIENCE AND EDUCATION, 2020. http://dx.doi.org/10.18411/lj-11-2020-244.
Texte intégralRésumé :
The article analyses the legal basis of activities of cleaning up the world oceans. It is emphasized that they are complex. The role of the UN in solving environmental problems is also highlighted. The need for international cooperation in the protection of the marine environment is mentioned. The article raises the problem of improving both international and national legislation and eliminating gaps in the law. The importance of social responsibility of business is emphasized.
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Sodik, Dikdik Mohamad. « Marine Pollution in Indonesia and the Regulatory Framework ». International Journal of Marine and Coastal Law, 5 octobre 2020, 1–22. http://dx.doi.org/10.1163/15718085-bja10038.
Texte intégralRésumé :
Abstract Oil pollution and marine plastic pollution (MPP) in Indonesian waters have been causing concerns for decades. This article examines the adequacy of the existing Indonesian legislation on oil pollution and MPP consistent with international environmental governance regimes. It is argued that the current Indonesian laws and regulations for dealing with oil pollution and marine debris are inadequate tools to effectively combat the environmental threats from oil pollution and MPP. This article demonstrates the gaps remaining in implementing the relevant legal framework, namely through the rules of a strict liability and MPP, to address marine pollution in Indonesian waters.