Dissertation Abstract
Prevention of Vessel-Source Marine Pollution, a Comparative Studey between the European and Chinese Law
Liu, Nengye 2012 http://www.dundee.ac.uk/law/staff/profile/nengye-liu
Public International Law, Ghent University (Belgium), 216 pp.
The study consists of 5 chapters. The first chapter is the introduction that provides the research context, research questions and methodology of this research.
Chapter 2 introduces the international legal regime on the prevention of vessel-source pollution and its challenges. The examination of the international legal regime provides the legal background for the discussion of implementation issues in subsequent chapters. The delicate jurisdictional regime among flag state, coastal state and port state for the prevention of vessel-source pollution established by the LOSC are described. MARPOL, SOLAS, the Anti-Fouling Convention as well as the BWM Convention are briefly described. Moreover, the relations between the LOSC and IMO conventions are discussed. It is concluded that a complex international legal regime has been established. However, the challenge is how to effectively implement and enforce the international legal instruments. Furthermore, international law faces other challenges such as balancing the coastal state jurisdiction over vessel-source pollution and freedom of navigation for shipping and reducing emissions from the shipping.
Chapter 3 focuses on the external and internal practice of the EU. The general legal framework of the EU on the prevention of vessel-source pollution is mentioned. The relation between the EU and IMO is examined. The chapter does not provide a comprehensive assessment of the EU’s implementation and enforcement of international law as this has been done by other scholars (See for e.g. Henrik Ringbom, Veronica Frank and Gwendoline Gonsaeles). Instead, the chapter analyzes the success and potential problems of the EU’s practice under international law.
Chapter 4 provides a thorough study of Chinese legal practice on the prevention of vessel-source pollution. This chapter is based on doctrinal research as well as information and materials collected through empirical research in China. The legal framework of Chinese law on the prevention of vessel-source pollution is first provided. China’s role in the IMO is discussed. China’s implementation of IMO conventions through its domestic legal system is analyzed. An assessment is given on Chinese practice as a flag, coastal and port state. Finally, some of the challenges that China faces are discussed, such as the prevention of vessel-source pollution in disputed sea areas with China’s neighboring countries, potential constraints on foreign vessels’ freedom of navigation in China’s exclusive economic zone (EEZ), the prevention of invasive species from ballast water, whether China should impose criminal sanctions for vessel-source pollution and efforts to reduce green house gas (GHG) emissions from shipping.
Chapter 5 concludes with a comparison between the European and Chinese practice under international law. It identifies gaps and tensions between state practice and objectives of international law. Suggestions for future improvements of the implementation of IMO conventions in the EU and China are provided based on the study. The concluding chapter also highlights the limitations of the present research and provides recommendations for further research.
Chapter 2 introduces the international legal regime on the prevention of vessel-source pollution and its challenges. The examination of the international legal regime provides the legal background for the discussion of implementation issues in subsequent chapters. The delicate jurisdictional regime among flag state, coastal state and port state for the prevention of vessel-source pollution established by the LOSC are described. MARPOL, SOLAS, the Anti-Fouling Convention as well as the BWM Convention are briefly described. Moreover, the relations between the LOSC and IMO conventions are discussed. It is concluded that a complex international legal regime has been established. However, the challenge is how to effectively implement and enforce the international legal instruments. Furthermore, international law faces other challenges such as balancing the coastal state jurisdiction over vessel-source pollution and freedom of navigation for shipping and reducing emissions from the shipping.
Chapter 3 focuses on the external and internal practice of the EU. The general legal framework of the EU on the prevention of vessel-source pollution is mentioned. The relation between the EU and IMO is examined. The chapter does not provide a comprehensive assessment of the EU’s implementation and enforcement of international law as this has been done by other scholars (See for e.g. Henrik Ringbom, Veronica Frank and Gwendoline Gonsaeles). Instead, the chapter analyzes the success and potential problems of the EU’s practice under international law.
Chapter 4 provides a thorough study of Chinese legal practice on the prevention of vessel-source pollution. This chapter is based on doctrinal research as well as information and materials collected through empirical research in China. The legal framework of Chinese law on the prevention of vessel-source pollution is first provided. China’s role in the IMO is discussed. China’s implementation of IMO conventions through its domestic legal system is analyzed. An assessment is given on Chinese practice as a flag, coastal and port state. Finally, some of the challenges that China faces are discussed, such as the prevention of vessel-source pollution in disputed sea areas with China’s neighboring countries, potential constraints on foreign vessels’ freedom of navigation in China’s exclusive economic zone (EEZ), the prevention of invasive species from ballast water, whether China should impose criminal sanctions for vessel-source pollution and efforts to reduce green house gas (GHG) emissions from shipping.
Chapter 5 concludes with a comparison between the European and Chinese practice under international law. It identifies gaps and tensions between state practice and objectives of international law. Suggestions for future improvements of the implementation of IMO conventions in the EU and China are provided based on the study. The concluding chapter also highlights the limitations of the present research and provides recommendations for further research.