Particularly Sensitive Sea Areas: The IMO's Role in Protecting Vulnerable Marine Areas

Front Cover
Springer Science & Business Media, 2008 M04 30 - 376 pages

Designations of large Particularly Sensitive Sea Areas (PSSAs) triggered a controversial debate within the International Maritime Organisation (IMO) concerning the legal basis of PSSAs, the relationship between the IMO’s PSSA guidelines and UNCLOS, as well as the competency of IMO to adopt mandatory protective measures in these areas. As a result, IMO conducted a review process which led to substantially updated guidelines adopted in late 2005.

This book provides a detailed analysis of the PSSA guidelines and protective measures available in PSSAs. Emphasis is placed on their legal basis and the implications for coastal states' jurisdiction over vessel-source pollution.

From inside the book

Contents

Introduction
1
Instruments to Protect Specific Marine Areas
37
Relevant Principles of International Environmental Law
52
Marine Protected Areas in Multilateral Instruments
95
Similarities Contrasts
131
Particularly Sensitive Sea Areas an IMO Instrument
135
Development and Structure of the PSSA Concept
154
Associated Protective Measures as the Essential Part
185
Legal Quality of the PSSA Guidelines and their Effect
250
PSSAs and Ocean Governance Current Inter
283
Summary 307
303
Summary 307
308
Annex
329
Bibliography
343
Index
373
Copyright

The PSSA Concept Analysis and Assessment
233

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Page 67 - Activities in the Area'' means all activities of exploration for, and exploitation of, the resources of the Area; 4. "Pollution of the marine environment" means the introduction by man, directly or indirectly, of substances or energy into the marine environment (including estuaries) which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the...
Page 23 - activities in the Area" means all activities of exploration for, and exploitation of, the resources of the Area; (4) "pollution of the marine environment...
Page 79 - Convention of the rights of navigation and overflight in the normal mode solely for the purpose of continuous, expeditious and unobstructed transit between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone.
Page 59 - States, no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence.
Page 126 - Latitude, including all ice shelves, but nothing in the present treaty shall prejudice or in any way affect the rights, or the exercise of the rights, of any state under international law with regard to the high seas within that area.
Page 76 - There shall be no suspension of the innocent passage of foreign ships through straits which are used for international navigation between one part of the high seas and another part of the high seas or the territorial sea of a foreign state.
Page 72 - States may, for that area, adopt laws and regulations for the prevention, reduction and control of pollution from vessels implementing such international rules and standards or navigational practices as are made applicable, through the organization, for special areas.
Page 68 - Except where otherwise provided in these articles, the normal baseline for measuring the breadth of the territorial sea is the lowwater line along the coast as marked on large-scale charts officially recognized by the coastal State.
Page 145 - There shall be taken into account, together with the context: (a) Any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions; (b) Any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation; (c) Any relevant rules of international law applicable in the relations between the parties.

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