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Environmental Norms in Maritime Law


ISBN13: 9781839107313
Published: December 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £100.00



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This timely book examines the reform of maritime law under the influence of environmental principles and the effects of these changes in the legal relationships between maritime stakeholders. Providing an integrated assessment of the use of environmental principles in the governance of shipping and maritime law, it argues that normative barriers supported by short term financial interests, the balance of power between states and the technocratic character of the IMO are delaying necessary changes to support sustainable development and thus endanger the marine environment.

Offering a complete review of the environmental impacts of shipping, Michael Tsimplis analyses the compatibility of maritime conventions with environmental norms, developing a methodology using publicly available documents of the International Maritime Organisation. He discusses what would be required in terms of governance for sustainability in the maritime sector, proposing a number of ways of removing barriers within a strategy of zero discharges, zero emissions, and zero impact.

Scholars and students of maritime and environmental law will find this book’s analysis of how environmental principles affect both public and private law aspects of the shipping sector illuminating. It will also be of interest to policy makers and regulators in the maritime and environment sectors looking for an overview of the issues involved in improving environmental performance in shipping.

Subjects:
Shipping, Transport and Maritime Law, Environmental Law
Contents:
Preface
1. Introduction to Environmental Norms in Maritime Law
2. The environmental impacts of shipping
3. The governance of international shipping
4. On environmental and maritime norms and principles
5. Environmental norms in the negotiations at the International Maritime Organization
6. Environmental norms in maritime conventions
7. Implementation and enforcement of environmental regulations
8. Environmental norms in maritime contracts
9. Enforcement of environmental claims
10. Limitation of liability for environmental claims
11. Governance for sustainable development
Index