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Öğe Climate change and shipping: Problems of regime compatibility(Martinus Nijhoff Publishers, 2012) Oral, N.Regulation of marine bunker fuel was not included in the Kyoto Protocol to the 1992 United Nations Framework Convention on Climate Change (UNFCCC). The Kyoto Protocol instead provided in Article 2.2 that Annex I countries were to pursue limitation of bunker fuel through the International Maritime Organization (IMO). In 1997 the IMO undertook its first study on greenhouse gas (GHG) emissions and shipping and in 2009 completed its second study. As part of its work in addressing climate change and international shipping, the IMO Marine Environment Protection Committee (MEPC), at its 60th session, established an Expert Group on Feasibility Study and Impact Assessment of Possible Marketbased Measures (Expert Group). The Expert Group prepared a study that was introduced at MEPC 61. The Expert Group Study assessed ten market-based proposals for reduction of ship-based GHG emissions. These included establishing a Greenhouse Gas Fund, a Leveraged Incentive Scheme to promote increased energy efficiency of ships, establishing a Ship Efficiency and Credit Trading system, a Vessel Efficiency System, and an Emission Trading System for international shipping. The introduction of market-based systems for emission reduction from international shipping introduces a new role for the IMO. In addition, the linkage between the 1992 UNFCCC and IMO Conventions contains elements of interregime conflict, such as, for example, the applicability of the principle of "common but differentiated responsibilities" (CBDR) of the 1992 UNFCCC and the "no more favourable treatment" (NMFT) of the IMO Conventions. This paper will critically assess the proposed market-based proposals for the reduction of GHG emissions from international shipping within the IMO legal structure and the problems of inter-regime linkage with the UNFCCC system.Öğe Freedom of the high seas or protection of the marine environment? A false dichotomy(Brill, 2018) Oral, N.[No abstract available]Öğe From the Plastics Revolution to the Marine Plastics Crisis: A Patchwork of International Law(Brill, 2021) Oral, N.The plastic revolution that started in the 1950s has become the plastic crisis for the marine environment in the 21st Century. The problem of marine litter and microplastics represents a frontier in international law where the existing system of international law faces a complex challenge in either enabling a global and collective transition or strengthening of existing instruments, through the adoption of a new global instrument, or both. This chapter will examine in detail existing legal instruments related to the protection of the marine environment and their respective roles in addressing the problem of marine litter and microplastics. The chapter will begin with a brief examination of the history of plastic and its principal sources. It will then examine the scope of and gaps in key global instruments for the marine environment, as well as regional approaches, in relation to addressing the problem of marine litter and plastics. The chapter will conclude with a review of the possible options under discussion by States under the auspices of the United Nations Environmental Programme for addressing the problem of marine litter and microplastics. © 2021 by Koninklijke Brill NV, Leiden, The Netherlands.Öğe Integrated coastal zone management and marine spatial planning for hydrocarbon activities in the Black Sea(2008) Oral, N.Marine spatial planning (MSP) is increasingly being used as an important tool for Integrated Coastal Zone Management in marine areas. Many coastal states, as well as the European Union, have incorporated MSP into their legal system. The increase in hydrocarbon activities in the Black Sea has put additional pressures on a sea already considered to be environmentally at risk. The current regional legal framework for the Black Sea remains inadequate to meet the pressures of increased transport and exploitation of hydrocarbon resources. This paper will examine MSP in general and its application in the Black Sea. © 2008 Martinus Nijhoff Publishers.Öğe Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead(Brill, 2018) Scheiber, H.N.; Oral, N.; Kwon, M.-S.The UN Convention on the Law of the Sea (UNCLOS), signed in 1982 and going into force in 1994, was the product of intensive international debates from the 1950s onward. UNCLOS continues to be the subject of vital debates on new initiatives that seek to clarify or expand the scope of the ocean regime. In Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead, distinguished authors analyze the content of these debates, providing both historical perspectives and keen analyses of present-day issues. Several chapters focus on the contributions to debates over half a century's time by the Law of the Sea Institute, including the controversies involving maritime delimitation issues, creation of marine fisheries law, and responses to the manifold challenges posed by dramatic advances in science and technology. Complementing these historical perspectives, a section of five chapters offers critical discussion of today's movement to create a regime to sustain biodiversity in the Area Beyond National Jurisdiction. Finally, the volume offers diverse perspectives on the implementation and judicial interpretation of UNCLOS, international whaling regulation, Arctic regional issues, seabed mining problems, the geopolitics of Marine Protected Area declarations, and the role of the IMO in responding to climate change. © 2018 by Koninklijke Brill nv, Leiden, The Netherlands. All rights reserved.Öğe Öğe Protection of vulnerable marine ecosystems in areas beyond national jurisdiction: Can international law meet the challenge?(Martinus Nijhoff Publishers, 2006) Oral, N.[No abstract available]Öğe Rocks or Islands? Sailing towards Legal Clarity in the Turbulent South China Sea(Cambridge University Press, 2016) Oral, N.The Arbitral Award handed down by the Permanent Court of Arbitration (PCA) on 12 July 2016 in In the Matter of the South China Sea Arbitration between the Republic of the Philippines and the People's Republic of Chinais undoubtedly one of the most anticipated decisions in recent memory. © 2016 American Society of International Law.Öğe Öğe The regime of straits: Safety, security and protection of the marine environment(Brill, 2013) Oral, N.[No abstract available]
