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12 Cards in this Set
- Front
- Back
What problems is the law of oceans and seas trying to solve? |
- Piracy (social and economic issue)
- Trade (social and economic issue) - Pollution (environmental, social and economicissue) - Mineral exploitation (political, economic andenvironmental issue) |
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Sources of pollution (Oceans & Seas)
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- Land-based ocean pollution - Vessel-based ocean pollution - Dumping |
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Land-based Ocean Pollutants |
- Chemical nutrients - Sewage and bacterial agents - Oil - Organic chemicals - Metals - Sediments and litter - Radioactive substances - Heat |
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Difficulties in solving the problems of land-based oceanpollution |
- Sources are domestic, not international - Sources are often non-point source |
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Legal Responses to Land-Based Pollution |
Treaties UNCLOS – UN Convention on the Law of the Sea(1994) MARPOL – International Convention for thePrevention of Pollution from Ships (1973/78) |
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Problems Vessel-based Ocean Pollution |
- Deliberate release of waste oil - Oil spills in tanker accidents - Air pollution from ships - Scrapping of ships - Accidental spills of harmful cargo |
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Legal Responses to Vessel-Based Pollution |
Treaties - UNCLOS - MARPOL Principles - State Responsibility (codified into UNCLOS) Customs - UNCLOS rules are followed by ‘‘widespread” statepractice, even for those states that did not sign or ratify. - What evidence does that provide for custombefore the ICJ? |
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Legal Responses to Dumping in the Oceans |
Treaties - UNCLOS Principles - Precautionary - Polluter pays |
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Does it make it more effective toget state protection into enclosed seas or not? |
No, it makes more sense to settle disputes through treaties. |
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What's the advantage of not onlyhaving it in the treaty? |
Treaty: expire, reservation, not sign, withdrawing |
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Examples ofInternational Institutions in Transboundary Water Conflicts |
- Africa:Nile River Commission - NorthAmerica: Great Lakes Commission - Europe:Rhein River Commission - MidEast: Joint Technical Rivers Committee (1980 Turkey and Iraq; 1983 joined bySyria) |
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What do youneed to show who is responsible? |
Only,if you can proof who made the chemicals that you find in the water. Otherfactors: even if a river or river basin is domestic in territory,groundwater and evaporation do concern other states and therefore people arguethat there is no such thing as a domestic water body. |