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1.
Shipping represents a threat as a vector for the transfer of non-indigenous marine species through the discharge of ballast water and biofouling of vessels’ external structures and internal piping. While considerable attention has been given to the management of ballast water, there currently exists no international legal instrument with which to control biofouling.A number of existing legal mechanisms may be applicable in the context of coastal States’ rights under international law. However, existing mechanisms are insufficient to regulate all aspects of the biofouling problem to ensure comprehensive management of the issue. There is, therefore, a need for the development of a comprehensive international agreement to address this gap. The issue of biofouling on international vessels has now been included on the work programme of the International Maritime Organisation (IMO). As a contribution to discussions on how to address this particular issue at an international level, this article provides an analysis of the options available through the IMO to address this issue.Having defined the specific “threat scenario” with regard to hull fouling, the article will consider: (i) the international legal framework that has been established to regulate the harmful impacts of international shipping; (ii) the range of practical measures that are available to manage biofouling on vessels; and (iii) international legal options available to States to address the threat of biofouling posed by international shipping.  相似文献   

2.
Commercial vessel traffic through the Bering Strait is increasing. This region has high biological and cultural significance, to which commercial shipping poses several risks. For this environment, these risks include ship strikes of whales, noise disturbance, chronic pollution, and oil spills. Indigenous Chukchi, Iñupiaq, St. Lawrence Island Yupik, Siberian Yupik, and Yup’ik peoples may be affected by proximity between small hunting boats and large commercial vessels leading to swamping or collisions, through displacement of animals or impacts to food security from contaminants, and through loss of cultural heritage if archeological sites and other important places are disturbed by wakes or an increase in people spending time on shore. Several measures are available to govern shipping through the region, including shipping lanes, Areas to Be Avoided (ATBAs), speed restrictions, communications measures, reporting systems, emissions controls, oil spill prevention and preparedness and salvage, rescue tug capability, voyage and contingency planning, and improved charting. These measures can be implemented in various ways, unilaterally by the U.S. or Russia, bilaterally, or internationally through the International Maritime Organization (IMO). Regulatory measures can be established as voluntary measures or as mandatory measures. No single measure will address all risks, but the framework presented herein may serve as a means of identifying what needs to be done and evaluating whether the goal of safe shipping has been achieved.  相似文献   

3.
This paper analyzes International Maritime Organization (IMO) involvement in maritime cooperation regime in the Straits of Malacca and Singapore through multilateralism. It begins by introducing the maritime cooperation regime prior to 2001, which was mainly trilateral in nature through Tripartite Technical Expert Group on the Safety of Navigation (TTEG). Although TTEG managed to increase the level of safety of navigation in the Straits of Malacca and Singapore through the implementation of the Traffic Separation Scheme (TSS) in 1981 and Mandatory Ship Reporting System (STRAITREP) in 1998, such cooperation was beset by financial strain and conflict of interests. Subsequently, there was a change in the cooperation regime after 9/11 incident. This paper identifies that the change was contributed by the IMO through a methodology called multilateralism. Three important principles were adopted by IMO in implementing multilateralism in the Straits of Malacca and Singapore, namely generalized principles of conduct (respect for sovereignty and compliance with burden sharing principle under Article 43 of UNCLOS 1982), diffuse reciprocity, and indivisibility. This paper concludes that multilateralism by IMO has transformed trilateral cooperation into multilateral cooperation in the Straits of Malacca, combining state actors (littoral states and user states) and non-state actors (non-governmental organizations and international shipping industries).  相似文献   

4.
This paper is concerned with the implementation and realisation of a Worldwide Electronic Navigational Charts Database (WEND), adopted by the International Hydrographic Organization (IHO) and its members in supporting marine navigation. It identifies the issue of gaps and overlaps between adjoining Electronic Navigational Charts (ENCs) and explores its consequences to the operation of Electronic Chart Display and Information Systems (ECDIS) and the fulfilment of International Maritime Organization (IMO) chart carriage requirements. As the ENCs production is directly dependent on states’ cartographic competences, this paper delves into the coastal states’ jurisdiction in accordance with international law of the sea, and in particular the United Nations Convention on the Law of the Sea, and ΙΗΟ and IMO instruments. Through a case study on recently produced ENCs in the Mediterranean and more specifically in the Aegean Sea, this paper documents the necessity to respect states’ cartographic competences in realising the WEND concept and cautions that, otherwise, new and extended overlaps emerge, which pose a risk to the safety of navigation, and, at the same time, become means through which states may promote their geopolitical aspirations as to jurisdiction over certain marine areas.  相似文献   

5.
The objective of this paper was to investigate and illustrate how insights gained from experience managing human activities in order to protect North Atlantic right whales (Eubalaena glacialis) along the heavily industrialized east coast of North America might be applied in the Arctic, where bowhead whales (Balaena mysticetus) face some of the same risks as right whales. The reduced extent and thickness of sea ice and the resultant longer open-water season have major, complex implications for the Arctic marine ecosystem. Increased maritime ship traffic and commercial fishing in the Arctic are bound to affect bowheads and Native (indigenous) hunting communities who depend on whales for subsistence and cultural identity. Bowheads and right whales were greatly depleted by commercial whaling in the 19th and early 20th centuries. While the Western Arctic bowhead population has been recovering steadily in recent decades, North Atlantic right whales remain highly endangered because of persistent lethal and sublethal vessel strikes and frequent entanglement in commercial fishing gear. Entanglement can be transitory or persistent, with debilitation lasting for months before the animal finally succumbs. Vessel strike and fishing gear trauma has been documented in bowheads, but at a much lower rate than in right whales. Initiatives intended to mitigate the impacts of ship traffic on North Atlantic right whales have included speed limits and routing changes. Those meant to reduce the incidence and severity of entanglements include the modification of gear design and gear deployment practices. Management measures need to be considered in advance in the Arctic in order to minimize the risks to bowhead whales as shipping and industrial fishing expand in the Arctic with ice retreat.  相似文献   

6.
Conventional sectoral management and piecemeal governance are considered less and less appropriate in pursuit of sustainable development. Ecosystem based marine spatial management (EB-MSM) is an approach that recognizes the full array of interactions within an ecosystem, including human uses, rather than considering single issues, species, or ecosystem services in isolation. Marine spatial planning and ocean zoning are emerging concepts that can support EB-MSM. EB-MSM is driven by high-level goals that managers aim to achieve through the implementation of measures. High-level goals and objectives need to be translated into more operational objectives before specific targets, limits and measures can be elaborated.Monitoring, evaluation and adaptation are necessary to ensure that marine management measures are both effective and efficient. Solid monitoring frameworks are the foundation of adaptive management, as they provide the necessary information to evaluate performance and the effectiveness of management actions. Marine protected areas (MPAs) - possibly set up in networks - constitute a key component in EB-MSM policies and practises and have been applied as a cornerstone in conservation of marine biodiversity, management of fish populations, development of coastal tourism, etc. Moreover, MPA experiences have provided methods and concepts (such as zoning) to a wider EB-MSM context. The assignment of values to biophysical features of the marine environment allows the direct assessment of related management choices and may assist EB-MSM.A range of monetary valuation techniques have been proposed to reduce attributes of goods and services to a single metric. However, in the marine environment such an approach is often over simplistic, and thus less reductive techniques may be necessary. Rather than producing a single metric, the results of non-monetary assessments guide policy allowing weight to be given as necessary to potential areas of conflict and consensus.Strategies to take into account climate change effects and geohazard risks in EB-MSM have been applied or proposed worldwide. EB-MSM regimes must be alert to such risks and flexible to account for changes.  相似文献   

7.
8.
Taiwanese fishing boats have been hijacked many times this year. Trouble at sea can usually be attributed to communication problems, inappropriate management and an unfair salary system. The majority of boats hijacked are high sea (long-line) fishing boats. Although fishery authorities ask the fishing boats to set up vessel monitoring systems (VMSs), this precaution has not been sufficient. There is a further need for improved management by the fishing boat owner and for an improved employment policy for seamen. The issue of maritime security is not new, but it remains a major concern and continues to be a threat to Taiwan and other countries. To date, there have been many cases of hijacking in the South China Sea. This paper analyzes the reasons for the hijackings and provides potential strategies to prevent future incidents.  相似文献   

9.
Scientific whaling has polarized opinion for decades, and its scientific value has been intensely debated. Here, the output of scientific whaling programs is examined by comparing it to the scientific output pertaining to whales of countries that do not practice scientific whaling. Between 1986 and 2013, whaling and non-whaling countries produced, on average, similar total numbers of publications that were directly relevant to the goals of the scientific whaling permits issued by the International Whaling Commission (IWC), and similar numbers of papers that were relevant to whale ecology and conservation but not directly related to IWC goals. Half of the scientific productivity of scientific whaling countries resulted from non-lethal data collection. One-third of publications by whaling countries were published in peer-reviewed outlets, compared to twice as many for non-whaling countries. Publications by whaling countries were cited ~4 times less often than those of non-whaling countries, with no evidence of citation discrimination against whaling countries since the citation rates of papers that did and did not use lethal sampling were similar. These academic criteria suggest that although the overall volume of science produced by scientific whaling countries is similar to that of non-whaling countries, the quality of the science is not. Arguably, academic criteria are not the best way to assess the usefulness of science for management and conservation, but demonstrating links between the science produced by scientific whaling, its integration in management plans and actions, and shifts towards sustainable exploitation or recovery of whale populations is challenging.  相似文献   

10.
Cetacean research, in terms of the number of papers, and areas for which data are available, has expanded considerably in the southern African subregion in the past decade, especially in the South-West Indian Ocean. We review cetacean research within this subregion from the 1800s to the present to provide an overview of findings, investigate trends and identify knowledge gaps. Data are presented separately for large whales (those subject to commercial whaling) and smaller cetaceans, and are separated by era and ocean basin. Over 550 peer-reviewed papers and books were identified relating to research on cetaceans within the subregion. More than half (284) have been produced since 1990 and 193 relate specifically to South African waters. The most-studied species are those that are most accessible due to their coastal distributions (southern right whale Eubalaena australis: 45 papers, humpback whale Megaptera novaeangliae: 31 papers, killer whales Orcinus orca: 27 papers, Indo-Pacific bottlenose dolphin Tursiops aduncus: 30 papers, Indo-Pacific humpback dolphin Sousa chinensis (plumbea form): 25 papers) and/or were hunted commercially (sperm whale Physeter macrocephalus: 25 papers). Identified conservation concerns vary throughout the subregion, but include bycatch and directed hunts, oil and gas development, ecotourism activities, shifts in prey resources, and noise and chemical pollution. The inshore stocks of Bryde's whales Balaenoptera edeni, the Indo-Pacific humpback dolphin and the Atlantic humpback dolphin S. teuszii were identified as the populations of highest conservation concern, although there are considerable knowledge gaps relating to deep-water species and almost no data (even on species occurrence) are available for several areas and countries.  相似文献   

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