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OverviewWaste management poses increasing challenges to both the protection of the environment and to human health. To face these challenges, this book claims that environmental law needs to shift attention from media-specific pollution regimes to integrative life-cycle approaches of waste management i.e., from the prevention of waste generation to the actual handling of wastes. Furthermore, the cooperation of States and the establishment of coordinated activities is essential because states can no longer have separate standards for wastes posing transboundary risks and for ‘purely domestic’ wastes. Drawing upon both International and EU law, the book provides a detailed analysis of the regimes set up to deal with the transboundary movement of wastes and ship-source pollution, so as to elucidate the obligations and legal principles governing such regimes. It concludes that treaty obligations concerning transboundary movements of wastes are inapplicable to ship wastes while on board ships and on land. However, despite the limitations of the transboundary movement of wastes regime, the principle of Environmentally Sound Management (ESM) embodied in this regime has gradually transformed into a legal principle. ESM works to address the legal gaps in the regulation of wastes, and consequently, it provides the desired coherence to the legal system since it acts as a bridge between several regulatory and sectoral levels. Furthermore, ESM offers a new light with which to understand and interpret existing obligations, and it provides a renewed impetus to regimes that directly and indirectly govern wastes. This impetus translates into greater coordination and the establishment of cross-sectional policies. By offering alternative ways to solve problems linked to the management of ship wastes in the sea-land interface, this book will appeal to anyone with an interest in International Environmental Law. Full Product DetailsAuthor: Gabriela ArgüelloPublisher: Taylor & Francis Ltd Imprint: Routledge Weight: 0.417kg ISBN: 9781032240671ISBN 10: 1032240679 Pages: 282 Publication Date: 13 December 2021 Audience: College/higher education , Professional and scholarly , Tertiary & Higher Education , Professional & Vocational Format: Paperback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsTABLE OF CONTENTS Abbreviations List of figures and tables Part I: Preliminaries Chapter 1: Introduction Background A life-cycle approach to waste management The relevance of international law in the regulation of wastes ESM and sustainable development Theoretical framework Chapter 2: Environmentally Sound Management of Wastes (ESM) ESM: its roles Legal status of ESM: from policy objective and treaty obligation to customary law Sovereignty and ESM Concluding remarks: ESM and permanent sovereignty over natural resources 3. Wastes A re-examination of the legal concept of waste Ship wastes Wastes subject to transboundary movements of wastes Transboundary movement of wastes and ship wastes: an analysis of Article 195 of the LOSC Concluding remarks Part II: Regulation of transboundary movements of wastes and ship wastes Chapter 4: Transboundary movements of wastes From transboundary pollution to pollution transfer The Basel Convention The OECD legal framework of transboundary movements of wastes EU law and shipments of wastes Concluding remarks Chapter 5: Ship-source Pollution Marine pollution An overview on ship-source marine pollution MARPOL EU and ship wastes Concluding remarks Part III: The ESM of wastes Chapter 6: The sea/land interface waste management dilemma Genesis of the controversy at the international level Blending operations on board ships: the initial controversy The management of ship wastes on land: the current controversy The EU and the management of ship wastes in their sea/land interface Chapter 7: ESM and the transboundary movement of waste regime The growing importance of ESM within the Basel regime Legal nature of the ESM obligation ESM: meaning and substantive content ESM at the OECD level ESM at the EU level Concluding Remarks Chapter 8: The ESM of ship wastes: the sea/land interface The ESM of ship wastes at the international level The ESM of ship wastes at the EU level Forthcoming regulation on port reception facilities PART IV: Conclusions Chapter 9: The management of ship wastes: the sea-land interface Conflicts of law Chapter 10: International Law and (ship) waste management The integrative function of ESM: possibilities and limitations Final reflection Appendix I: Management of cargo residues (MARPOL, Annex II) in the Baltic Sea area Appendix II: Survey results concerning the collection of cargo residues (MARPOL, Annex II) in the Baltic Sea area References International treaties European Union Law Table of cases Bibliography International documentation European Union documentation National Documentation MiscellaneousReviewsAuthor InformationGabriela Argüello received her PhD from the University of Gothenburg, Sweden Tab Content 6Author Website:Countries AvailableAll regions |
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