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1.
《Marine Policy》2002,26(3):197-207
In response to the Exxon Valdez incident, the Oil Pollution Act of 1990 was enacted as allegedly comprehensive oil pollution legislation. There have been changes in the patterns of oil spills and the strategic response to the Act. The number and volume of oil spills from tank vessels in US waters have fallen considerably without an obvious increase in oil prices since the enactment of the Act. This implies that the Act has successfully served its purpose. The Act may also facilitate the development of other oil pollution regimes including the international regime beyond the US. However, it remains to be seen whether the reduction of oil spills in US waters will be sustained in the future. There is an irreducible risk irrespective of any policy controlling oil pollution risks. The assertion that the Act has been effective in deterring oil spills may be counteracted by statistics demonstrating that the number and quantity of oil spills have also declined worldwide since 1990. It is premature to evaluate the performance of the Act because it has not so far been tested by a major oil spill since its enactment. A major oil spill in US waters in the future would illuminate limitation of the Act and lead to a fundamental reconsideration of the structure of the Act. 相似文献
2.
《Marine Policy》2017
The enforcement of institutional rules requires the judicial system to perform well. In the case of oil spills, courts are key actors in determining the allocation of liabilities according to international and national norms. In 2002, the Prestige oil spill led to a major environmental disaster on the coasts of Spain, France and Portugal. The limitations of liability provided by the International Regime of Civil Liability and Compensation for Oil Pollution Damage have prevented the polluters from fully compensating injured parties for the damage the spill produced. In 2013, the Spanish Provincial Court of A Coruña condemned the captain of the tanker for disobedience, but no environmental crime was found; therefore, no further civil liabilities were incurred. Nevertheless, in 2016, the Spanish Supreme Court overruled the ruling of the provincial court and proclaimed the existence of an environmental crime. This judicial rectification changed the allocation of liabilities, extended the application of the polluter-pays principle, and opened a different stage for estimating and covering the costs of the damage. This paper presents a highly relevant case study that analyses the new situation involving oil spills and the distribution of liabilities within the current international regime. 相似文献
3.
《Marine Policy》2013
The current phase of technological development and expansion in the world economy is leading to greater human activity and development offshore. Some have described this as the colonisation of the oceans, one phase in the wider history of world industrialisation. This study empirically tests notions of ‘industrialisation’ and ‘colonisation’ in the oceans for the first time. It finds that human activity in the oceans has increased by multiple factors in the most recent long term wave of economic development. The methods include the combined use of Raster and R! to overcome methodological challenges to analyse large spatial datasets which map the footprint of human activity. In response to increasing human activity in the oceans, nations and supranational institutions are developing new governance regimes. These regimes are characterised by policy integration and a commitment to sustainability. Sustainable development is a central tenet of most national and international policies for the world's oceans. An analysis of sustainable development terminology within coastal and ocean policy is provided for seven major maritime governance regimes: Australia, Canada, New Zealand, EU, South Africa, UK and the US. The results show that sustainability is highly differentiated in the context of ‘the blue planet’ (oceans and coasts). The diverse interpretations of sustainability present an impasse to measuring progress in the field. Therefore the paper concludes by offering a framework for explanation and interpretation of sustainable development, by linking it to foundational assumptions held by systems of thought or philosophical traditions. 相似文献
4.
The use of trade measures to combat illegal, unreported and unregulated (IUU) fishing in the Northeast Atlantic has evolved from unilateral denial of the landing of fish taken outside international quota arrangements to a multilateral Scheme of Control and Enforcement under the North-East Atlantic Fisheries Commission (NEAFC). International trade rules have not constrained this development, mostly due to successful management of the interplay between international resource management and trade regimes. States protect resource management objectives from such constraint by inserting clauses that establish a normative hierarchy, or they employ various means for adapting IUU measures to the ‘environmental window’ of the global trade regime. The fact that regional states have introduced trade restrictions only when non-restrictive or less restrictive measures have failed enhances such compatibility, as do the gradual shift from unilateral to multilateral measures and the rise in transparency, openness and target-state involvement. None of those features reduces the effectiveness of regional trade measures; they minimize tension with trade commitments and largely strengthen their clout in the struggle to combat IUU fishing in the Northeast Atlantic. 相似文献
5.
Hiroshi Kuroda Yutaka Isoda Hidetaka Takeoka Satoshi Honda 《Journal of Oceanography》2006,62(5):731-744
In order to examine seasonal variation in a coastal current and the dynamics of the current, we carried out a mooring current
measurement near the coast on the eastern shelf of Hidaka Bay from December 2002 to July 2003. There seemed to be two current
regimes during the observed period; one a southeastward current from December to March, and the other a northwestward current
after April. Arrested topographic wave dynamics was used to understand along-shore steady momentum balance at the mooring
site. It was found that the friction term was negligible during the former regime, that is, the wind stress term roughly counterbalanced
the pressure gradient term. On the other hand, the contribution of each term to the momentum balance was sensitive to the
resistance coefficient value during the latter regime. A numerical study showed that wind forcing alone could not reproduce
the observed current velocity and momentum balance during the former regime. One possible interpretation of the observed results
is superposition of the arrested topographic waves forced by the along-shore wind stress and downstream extension of the Coastal
Oyashio. Numerical experiments using combined forcing of the wind stress and an inflow associated with the Coastal Oyashio
supported the expected dynamics. 相似文献
6.
《Marine Policy》2017
The key enabler of international trade, shipping is heavily reliant on fossil fuels and responsible for approximately 2% of global carbon emissions. For the sector to reduce its emissions in line with climate change objectives, a wholesale transition is required from the current carbon intensive shipping system to one with a lower climatic impact. Drawing on the multi-level perspective from the socio-technical transitions literature, this paper focuses on two technological developments which could reduce the emissions from shipping – slow steaming and wind propulsion. Outlining the landscape changes which may hinder or support the incorporation of each of these innovations into the broader shipping regime the paper shows how slow steaming has been accommodated within this regime, in response to high oil prices and the economic downturn. In the longer term it concludes that additional policy measures may be required to ensure slow steaming persists should landscape pressures reduce. Oil prices, and the environmental agenda, are driving the development of wind propulsion, but more needs to be done to support those companies which seek to demonstrate and commercialise modern incarnations of the original pioneers of the seas. 相似文献
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8.
In this paper the steady lateral growth of three-dimensional turbulent inclined turbidity current is investigated. To simulate the current, an experimental setup is developed to analyze the turbidity current for different regimes in the particle laden density currents environment. The Buckingham's π theorem together with a dimensional analysis is implemented to derive the appropriate non-dimensional variables. The experimental results were normalized and plotted in the form of non-dimensional graphs from which a theoretical model is developed and analyzed. Based on the results obtained for the steady lateral growth, three different regimes, namely, inertia-viscous one as the first regime, buoyancy-viscous and gravity-viscous as the second and third regimes are distinguished within the current.In these regimes, the force balance is between the driving and resisting forces. Namely, in the first regime, the force balance is between the inertia and viscous forces, in the second regime, the buoyancy and viscous forces, and in the third regime, gravity and viscous forces are balanced. The experimental results indicate that the lateral growth rate in the first regime is smaller than that in the second and third regimes due to the magnitude and type of the forces involved in those regimes. According to the graphical results, the three different lateral growth rates appear when the normalized current length is smaller than about 3, between about 3 and 10, and larger than about 10. In those regions,the slopes of the data are different with respect to one another. 相似文献
9.
《Marine Policy》2015
The offshore oil and gas industry is facing the prospect of de-commissioning thousands of installations in the coming decades. In some parts of the world the issue is already pressing. The financial cost of complete removal is significant, and therefore the prospect of leaving part of the installation in situ is attractive. The way forward, though, is not clear. Despite the success of rigs-to-reef projects in the US it is unclear whether such initiatives are transferable to other contexts given very different physical and jurisdictional contexts. This paper explores current legal frameworks including international law and the state of play in Australia compared with that in the US and UK. Tentative recommendations are made for future developments in this area. 相似文献
10.
Advection and diffusion equation is an effective means of investigating the motional state of oil spills. Common study is based on the known initial and boundary conditions to calculate the equation onwards. Unlike previous works, in this paper we focus on backward calculating advection and diffusion equation, namely, starting computation from the moment when the oil spill is found back to the moment when the incident occurs. Through such a simulation, we hope to trace the track of oil spills … 相似文献
11.
The Law of the Sea Convention constrains regional environmental regimes, especially with respect to navigation beyond the territorial sea. Existing soft-law institutions, notably the Arctic Council, have already strengthened environmental governance in the region by (1) improving the knowledge base; (2) preparing practical guidance on risk reduction; (3) highlighting in broader regulatory fora the Arctic dimension of problems like long-range transported hazardous compounds; and (4) supporting the capacity of Arctic states to implement existing commitments. None of those functions would be much enhanced by a legally binding Arctic environmental regime. The political impediments to reaching circumpolar agreement on a single comprehensive legal regime would suggest a flexible approach to norm building that seeks productive interplay with existing institutions. 相似文献
12.
Although there is fierce debate about how best to evaluate the effectiveness of international regimes, most writers regard institutional effectiveness as the best measure. This article examines the institutional effectiveness of one regime—the Barcelona Convention (or the Mediterranean Action Plan)—where there are sharply contrasting views of its institutional effectiveness. The study finds that the regime was indeed successful when created, but its contemporary institutional performance is inadequate. The article demonstrates that there is no simple answer as to whether a regime is effective; instead, in most cases it depends on the specific criteria each approach employs. 相似文献
13.
《Estuarine, Coastal and Shelf Science》2005,62(1-2):183-192
Definitions of the ‘foreshore’ are described as presented in various coastal geomorphological and related textbooks. To many geomorphologists, the term foreshore is considered synonymous with the intertidal zone. These definitions are compared with the legal definitions of the foreshore as exist in Britain under the three different property law regimes: English, Scottish and Udal law. The legal definitions and many of the geomorphological definitions are based on tidal data. The differences between the observed tides at a tide gauge and on a beach at a distance from the gauge are considered. It is concluded that the term foreshore has a very specific legal meaning in each property law regime, therefore the authors propose that the term ‘foreshore’ should be used to relate to the legally defined area of the coast and, unless specifically referring to the foreshore, scientists should use the term intertidal. 相似文献
14.
《Deep Sea Research Part I: Oceanographic Research Papers》2006,53(4):582-588
Regimes and regime shifts are important concepts for understanding decadal variability in the physical system of the North Pacific because of the potential for an ecosystem to reorganize itself in response to such shifts. There are two prevalent senses in which these concepts are taken in the literature. The first is a formal definition and posits multiple stable states and rapid transitions between these states. The second is more data-oriented and identifies local regimes based on differing average climatic levels over a multi-annual duration, i.e. simply interdecadal fluctuations. This second definition is consistent with realizations from stochastic red noise processes to a degree that depends upon the particular model. Even in 100 year long records for the North Pacific a definition of regimes based solely on distinct multiple stable states is difficult to prove or disprove, while on interdecadal scales there are apparent local step-like features and multi-year intervals where the state remains consistently above or below the long-term mean. The terminologies climatic regime shift, statistical regime shift or climatic event are useful for distinguishing this second definition from the first.To illustrate the difficulty of advocating one definition over the other based upon a relatively short time series, we compare three simple models for the Pacific Decadal Oscillation (PDO). The 104-year PDO record is insufficient to statistically distinguish a single preference between a square wave oscillator consistent with the formal definition for regime shifts, and two red noise models that are compatible with climatic regime shifts. Because of the inability to distinguish between underlying processes based upon data, it is necessary to entertain multiple models and to consider how each model would impact resource management. In particular the persistence in the fitted models implies that certain probabilistic statements can be made regarding climatic regime shifts, but we caution against extrapolation to future states based on curve fitting techniques. 相似文献
15.
This article examines the federal legislative regime for governing offshore oil development in Australia. Adopting an evolutionary perspective, the article considers how the Australian petroleum regime has been able to avoid the ‘asymmetry of costs and benefits’ which have shut down the offshore oil leasing program on the US west coast. To this end, it is shown that the Petroleum (Submerged Lands) Act has overcome jurisdictional issues by creating a partnership between the federal and state governments, enabling both to share in the benefits of policy making. This joint decision-making structure is narrowly focused upon exploitation, though, and does not deal with environmental issues outside of its original scope. The absence of a complementary regime to fill this policy gap permits environmental costs to go unaccounted in petroleum development. This shortcoming notwithstanding, the Petroleum (Submerged Lands) Act provides a useful model by which federal/state jurisdictional limitations can be overcome. Ocean and coastal issues are currently receiving political attention in Australia, and it is timely for the cooperative governance model to be revisited and also extended to other marine policy sectors. Moreover, joint authority approaches could be considered by other federations struggling with offshore jurisdiction issues. 相似文献
16.
The limitation of liability (known as financial caps) of the ship owner has a long tradition in maritime law in general and in the marine oil pollution compensation regime in particular. This paper uses the economic instrument to critically analyze such a mechanism, in order to answer the question if the financial caps are indeed a historical mistake. 相似文献
17.
随着全球气候变暖,各国对北极能源的开发愈发重视。美国北极地区的能源储量巨大,但鉴于美国的北极战略核心是国家安全、环境保护和国际合作,其能源开发相对滞后。2013年奥巴马政府出台了《北极地区国家战略》,开始对北极能源开发予以特别关注。特朗普政府执政期间,加强了对北极近海油气能源开发的支持力度。2021年拜登总统上任后,美国的北极能源政策以气候变化为核心,意在推动北极地区的绿色发展。美国的北极能源开发始终面临着法律、资金、技术、环保等各种问题的制约,这也决定了美国北极地区能源开发的复杂性和长期性。我国宜通过制定北极能源合作开发战略,重视北极等极寒地区绿色技术的应用和研发,推动与美国在北极地区气候变化和能源转型的合作,深化国际协作与交流,积极参与北极治理等举措,促进我国对北极能源资源的开发利用。 相似文献
18.
《Marine Policy》2015
The international compensation regime for tanker oil pollution has been successful in providing adequate and prompt compensation to pollution victims in its member states. Nevertheless, the attitudes of different countries toward acceptance of this regime have varied considerably. This paper aims to explain three main factors in the acceptance of the regime, including: (1) The level of economic development; (2) the risk of exposure to tanker oil spills; and (3) the financial burden associated with adherence to the International Oil Pollution Compensation Fund (IOPC). Using both fuzzy-set Qualitative Comparative Analysis and an Ordered Probit model, this study found two patterns causing upper-middle and high income countries to have a high acceptance level: (a) Those facing a medium risk of oil spills and having a low financial burden; and (b) those facing a high risk of oil spills. The study reveals that, for a country with a high risk of exposure to tanker oil spills, such as China, with its improvement in economic status it is far better for it to join the IOPC Fund, so as to provide better protection both for potential pollution victims and for the marine environment. The results of this study can also be applied to other countries that are considering whether or not to accept the international compensation regime for tanker oil pollution. 相似文献
19.
20.
The current rate of shark global exploitation and mortality is arguably so high under current management regimes that unless a renewed initiative is undertaken some species of shark will become effectively extinct. Current efforts to sustainably manage shark mortality are driven primarily by domestic laws in a few countries, big international non-governmental organizations (BINGOs) promoting environmental laws in the countries or regions where they exist, a handful of regional fisheries management organizations (e.g., IATTC and ICCAT), and inter-governmental organizations such as CITES. The absence of enforcement capability is often argued as the critical component in the failure to protect sharks from overexploitation. The remedy advanced here goes far beyond the need for stepped up enforcement, and calls for the creation of an entirely new international management regime, the International Commission for the Conservation and Management of Sharks (ICCMS). Such an agency could learn from the experiences of management bodies tasked with conservation of species biologically similar to sharks, such as the International Whaling Commission (IWC), to improve its efficacy. Critics have identified many organizational flaws that reduced the IWC’s effectiveness during its earliest years. Some of those flaws are examined here and remedies are suggested that an ICCMS could use to create a more effective management regime. The life histories of elasmobranches and large whales are compared to illustrate their similarities as a biological foundation for the selection of the IWC as a model. 相似文献