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About Globalex

UPDATE: Researching International Marine Environmental Law 

 

By Arundhati Ashok Satkalmi  [1]

 

Arundhati Ashok Satkalmi is a Senior Research Librarian at the Rittenberg Law Library of St. John's University School of Law.  Prior to joining St. John's in 1991, Aru worked as the Senior Information Specialist at the corporate headquarters of the Exxon Corporation in New York.  In addition to a Masters in Library Science from St. John's University, she holds a Masters in Government and Politics where she specialized in International Law.  She wrote a thesis entitled International Convention for the Control and Management of Ship's Ballast Water and Sediments of 2004: An Analysis of Logical and Practical Aspects.  She also holds a Master of Science degree in Geology from Poona University.  She has presented on the topic of international marine environmental law to the Indian Society of International Law and American Association of Law Librarians.

 

Published January/February 2010
See the Archive Version!

 

Table of Contents 

Introduction

International Maritime Organization (IMO)

What is the IMO?

Conventions

Conventions of the 20th Century

Conventions of the 21st Century

Conventions awaiting entry into force

Current Concerns

Other IMO Resources

IMO Components and Affiliates

National and/or Regional WebPages

Websites of Educational Institutions

Periodicals

Monographs

Associations

Shipping Organizations/Associations

Miscellaneous

INTRODUCTION

There was a time when nations felt fortunate if their national boundaries were marked by bodies of water.  This sense seemed to be proportionate to the expanse, depth, and length of the body of water marking the national territory.  Knowing that water is not the natural habitat of humans, the nations, particularly those with marine boundaries, felt a sense of security because traversing the expanse of oceans would have been a daunting task.  However, with the progress of civilization, floating vessels appeared on the watery expanses. The advances in marine navigation and engineering transformed the vessels from simple wind-dependent sailboats to steam-propelled engineering marvels weighing thousands of tons.  This, in turn, changed the role of oceans from daunting barriers to routes facilitating marine trade.  In the present age of globalization, not only exotic items but also daily necessities, such as clothing, food products, and oil (the life blood of modern society) are transported over oceanic routes, and claim more than a 90% share of international traffic.  Today, although nations with expansive marine coasts and harbors can be considered fortunate in that they have easy access to global trade, they have also become the recipients of marine pollution caused by oceanic traffic.  Naturally, there is a call for an increase in the regulation of growing pollution caused by international vessel traffic.

 

For decades, such calls were handled by the International Maritime Organization (IMO, or the Organization).  The convention establishing the Organization — known until 1982 as the International Maritime Consultative Organization or IMCO — was adopted on 6th March 1948 and entered into force on 17th March 1958. The IMCO’s first meeting was conducted on January 6-19, 1959 in London. [2] Today, the IMO is “the United Nation’s specialized agency responsible for improving maritime safety and preventing pollution from ships.”[3]  In keeping with the changing times, its mission has evolved from regulation of international shipping to the current mission, described as "safe, secure and efficient shipping on clean oceans."[4]  A recent article on the IMO website [5] portrays a clear picture of the present day challenges the IMO faces in protecting the marine environment. Also, a recently published brochure, IMO and the Environment provides an illustrative alternative. [6]

 

Before we proceed to learn more about the sources of information on the developed and developing legal instrument of international application, due recognition must be given to several Non-Governmental Organizations (NGQs) and Inter-Governmental Organization (IGOs) [7] which operate at regional or local levels and complement or supplement the efforts of the IMO. Many of these organizations, including the IMO[8], have developed impressive websites. An exhaustive treatment of these resources would fill up volumes and take considerable time and money, so, for the time being, this article will briefly discuss their websites and emphasize the sources that reflect the efforts of the IMO to develop international instruments to regulate the marine environment. [9] For the most part, the information at these sites is made available at no charge.  However, sources that charge for information access, as well as the sources which provide restricted access, are included when appropriate.  

INTERNATIONAL MARITIME ORGANIZATION (IMO)

What is the IMO?

The IMO, as mentioned previously, is a special agency of the United Nations with responsibilities for regulating maritime affairs and developing necessary international legal instruments to maintain the safety of marine transport, and prevent pollution caused by transport-related activities. Since its first meeting in January of 1959, the IMO has developed close to 40 conventions. Although several conventions may have some environment related aspects — such as the Ship Recycling Convention that is currently in the development stages — six conventions deal entirely with the marine environment.  Five marine environmental conventions of the last century have dealt mainly with age old problems such as oil pollution and the dangers posed to the marine environment by hazardous substances. The beginning of the 21st century added another aspect to the protection of the marine environment, protection of marine life from harms caused by routine operations of shipping. Two new conventions in this area were adopted in the 21st century. The first — the Anti-Fouling Systems (AFS) Convention — was adopted in 2001 to deal with the harms caused to marine life by the chemicals used in protective coatings of ships. The second — the Ballast Water Management (BWM) Convention — was adopted in 2004 to deal with ecological effects of the translocation of species. The AFS Convention came into force in 2008, bringing the number of total conventions in force to six. The BWM Convention is in the process of entering into force. While carrying on the responsibilities related to these conventions, the current concerns about climate change has not missed the Organization’s attention. The issue is on its priority list, and the organization is taking steps to address it. [10] Climate Change - A Challenge for IMO Too! is a recently-produced downloadable video that explains the connection between climate change and international shipping.

 

The Organization’s website provides the history [11] and other information about IMO, and provides access to many items of interest, such as conventions, news, publications, and information resources, such as, the Maritime Knowledge Center. It guides users through a wide range of the Organization’s activities, from learning about its structure, committees and sub-committees, and the workings of the organization itself, to the status of the developed and developing treaties, and depositary information on IMO Conventions. To facilitate its use, the website gives a variety of access points. As far as the marine environmental aspect of the website is concerned, the two access points worth noting are the topical arrangement and access to individual environmental treaties. The topical arrangement provides access points, such as Prevention of Pollution, Oil Pollution, Chemical Pollution, Harmful Substances in Packaged Form, Sewage, Garbage, Air pollution, and Dumping of Wastes and other matters. The second access point, treaties, will be discussed here in detail because it directly leads to information about six IMO treaties which regulate the marine environment and are currently in force. It also provides access to information about the recently-adopted Ballast Water Management Convention and Ship Recycling Convention, which are in the process of entering into force.

 

Conventions

Conventions of the 20th century

 

International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto.

This convention is generally known by its shorter nickname MARPOL 73/78. As a matter of fact, it is a combination of two conventions. The International Convention for the Prevention of Pollution from Ships, adopted in 1973, was the first. This convention dealt with marine pollution caused by the discharge of oil, chemicals, and harmful substances in packaged form, sewage, and garbage, and represents the MARPOL 73 portion of the convention. After adoption, and as it was proceeding to enter into force, several oil tanker mishaps in 1976-1977 caught the attention of the Organization. As a result, The Protocol of 1978 relating to the 1973 International Convention for the Prevention of Pollution from Ships (1978 MARPOL Protocol) was adopted in 1978. It addressed tanker safety and the prevention of pollution. The 1978 Protocol, together with MARPOL 73, which was still at the adoption stage, jointly entered into force on 2nd October 1983 as MARPOL 73/78. MARPOL 73/78 is by far the most encompassing international legal instrument that addresses the regulation of marine pollution.

 

At present, there are six annexes: Annex I:: Prevention of pollution by oil, Annex II: Control of pollution by noxious liquid substances, Annex III: Prevention of pollution by harmful substances in packaged form, Annex IV: Prevention of pollution by sewage from ships, Annex V: Prevention of pollution by garbage from ships, and Annex VI: Prevention of  Air Pollution from Ships. As of November 2009, MARPOL 73/78 has been amended close to 30 times. Further details about the convention and its amendments can be accessed at the MARPOL 73/78 link. Additional information regarding the languages of official versions, related IMO publications, IMO documents, and cites to other resources can be obtained by accessing Sources and Citations of IMO Conventions, selecting the Marine Pollution Conventions link and clicking on the link for this convention.

 

International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties

This convention, generally known as the Intervention Convention, was adopted in response to 1967 Torrey Canyon oil tanker disaster in 1969, and came into force on May 6, 1975. The tanker ran aground while approaching the Isles of Scilly off England and spilled 120,000 tons of oil into the sea. At the time of the disaster, public international law was unclear about the rights of the coastal states in protecting its territory from environmental harm caused by approaching oil. This convention affirmed the rights of coastal states to take appropriate actions to prevent, mitigate, or eliminate harm to their coastlines in the event of a disaster similar to Torrey Canyon happening on high seas. With the passage of time, injuries caused by substances other than oil were added to the provisions of this convention by the 1973 protocol and its amendments. More information can be accessed via the Intervention link. Additional information regarding the languages of official versions, related IMO publications, IMO documents, and cites to other resources can be obtained by accessing Sources and Citations of IMO Conventions, selecting Marine Pollution Conventions link, and clicking on the link for this convention.

 

Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 and 1996 Protocol Thereto

This lengthy name is commonly referred to and made accessible by the London Convention link. This is one of the earliest conventions to regulate pollution caused by dumping or discharging materials from ships. It was adopted on 13th November 1972 and entered into force on 3oth August 1975. [12] Since then, through amendments, it has addressed a range of issues, such as incineration — an age-old pollutant — to the modern-day issue of carbon dioxide sequestration. Even the issue of placement of artificial reefs is addressed by this convention. The London Convention link made available on this page leads to a treasure trove of information: recent news about this convention, meeting-related documents or their summaries, reports of scientific groups, resolutions, circulars, and a related conventions link to explain its relation to various other conventions are found here. This site is unique in the way that it offers the ease of information retrieval. Additional information regarding languages of official versions, related IMO publications, IMO documents, and cites to other resources can be obtained by accessing Sources and Citations of IMO Conventions, selecting the Marine Pollution Conventions link, and clicking on the link for this convention.

 

International Convention on Oil Pollution Preparedness, Response and Co-operation.

OPRC is the shorter nickname and the link to access this convention. The convention provides a global framework for international co-operation in combating major incidents or threats of marine pollution caused by oil. The convention was adopted on 30th November 1990 and entered into force on 13th May 1995. [13] Parties to the Convention are required to establish measures for dealing with pollution incidents, either nationally or in co-operation with other countries, and provide assistance to others in the event of a pollution emergency for which reimbursement provisions are available. Under this convention, reporting spill incidences to coastal authorities is one of the several requirements. Prompt notification of pollution incidences enables mobilization of appropriate response and mitigates the damage. The Responding to Oil Spills link connects the searcher to various guidelines and reports related to this convention. Additional information regarding languages of official versions, related IMO publications, IMO documents, and cites to other resources can be obtained by accessing Sources and Citations of IMO Conventions, selecting the Marine Pollution Conventions link and clicking on the link for this convention.

 

Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious Substances.

This convention, similar to previously described conventions, also has a shorter name and link: OPRC-HNS Protocol. The convention was adopted on 15th March, 2000 and entered into force on 14th June, 2007. [14] It regulates substances other than oil, which, if released into the marine environment, will likely have hazardous effects on human health, living resources, and marine life. As one of the requirements of this convention, ships transporting noxious or hazardous substances are subjected to preparedness-and-response regimes. Additional information regarding languages of official versions, related IMO publications, IMO documents, and cites to other resources can be obtained by accessing Sources and Citations of IMO Conventions, selecting the Marine Pollution Conventions link and clicking on the link for this convention.

 

Convention of the 21st century

International Convention on the Control of Harmful Anti-Fouling Systems on Ships

Known by its shorter name, Anti-Fouling Systems Convention or the AFS Convention, this is truly the first convention of this century because it was adopted on the 5th October 2001 — and entered into force in this century — on 15th September 2008. The Convention defines “anti-fouling systems” as “a coating, paint, surface treatment, surface or device that is used on a ship to control or prevent attachment of unwanted organisms. It prohibits use of certain substances — known as organotin compounds — used on ships’ surfaces, which were useful in preventing or controlling encrustations on submerged surfaces of the vessels. Unprevented or uncontrolled growth of organisms results in a thick crust referred to as fouling, which reduce the efficiency of ships because they increase the weight of a vessel and also offer resistance to a ship’s movement. Although these substances were beneficial to the shipping industry, their leaching into water caused harm to marine life. The background, and a good summary, of this convention are accessible through the Anti-fouling Systems link. Additional information regarding languages of official versions, related IMO publications, IMO documents, and cites to other resources can be obtained by accessing Sources and Citations of IMO Conventions, selecting the Marine Pollution Conventions link and clicking on the link for this convention.

 

Conventions awaiting entry into force

International Convention for the Control and Management of Ships' Ballast Water and Sediments. [15]

The Ballast Water Management or BWM Convention link enables researchers to learn about this upcoming convention. Ballast water — water from the oceans taken in or discharged by the ships to maintain balance and stability during their voyage — facilitates translocation of marine organisms. Most of the organisms do not survive the voyage or the new environment at the port of discharge. However, some of these organisms, when discharged along with ballast water at other ports, acquire an invasive character due to the lack of predators or the presence of favorable environmental conditions, and disturb the ecological balance at that location. Along with the ecological harm, it also causes great economic harm. To control these and related losses, this convention was adopted on 13th February, 2004. The Convention requires adoption of ballast water management systems to control the number of discharged organisms through ballast water. The Ballast Water Management link offers an excellent background and overview of the convention. This convention is not in force yet. However, as of 9th December 2009, 20 countries have accepted the convention, including Sweden and the Marshall Islands, who ratified this convention in November 2009 bringing it a step closer to its entry into force. [16] Globallst, discussed in Other IMO components and affiliates of this article gives supplementary information about this convention.

 

Ship Recycling

After serving the global shipping industry for years, ships lose seaworthiness and, in the interest of safety, must be taken out of the fleet. Recycling of ship components is one of the options for these vessels. Although recycling of ships is a flourishing industry in the developing world, some components of ships could be hazardous to the environment. With safety the of the environment and workers in mind, a collaborative effort of the IMO, the Basel Convention and the International Labour Organization resulted in adoption of the Ship Recycling Convention in May 2009, and is officially known as the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009. The Guidelines for the Development of the Inventory of Hazardous Materials were adopted in the 59th session of MEPC, which was held from 13-17th July 2009. [17] The Ship recycling link leads researchers to the Background of the Convention, as well as further information about the Convention. In addition, Information Resources on Recycling of Ships [18] informs researchers about resolutions, circulars, circular letters, conferences and final reports of the meeting sessions, reports by the IMO staff, press releases, news articles, and other internet resources. Many of these documents have hyperlinks.

 

Current Concerns

Climate Change

Today’s global concern about climate change did not miss the IMO’s attention. Emissions of gases impacting climate change do not come from land-based sources only. Although the shipping industry contributes less than 3% of global industrial CO2 emissions[19], the IMO is taking steps to reduce the contribution of the shipping industry. The Marine Environment Protection Committee (MEPC) of the IMO in July 2009 has agreed to disseminate a package of interim and voluntary technical and operational measures to reduce greenhouse gas (GHG) emissions from international shipping. [20] Proposed amendments in October 2008 to the MARPOL Annex VI regulations is an attempt to reduce harmful emissions from ships even further. An informative brochure Climate Change: Challenge for IMO Too [21] published in conjunction with 2009 World Maritime Day, and the Second IMO GHG Study 2009 (dated April 9, 2009,) which updated an earlier study published in 2000, witnesses the IMO’s sustained concern about climate change. Climate Change and the Maritime Industry and Climate Change: a Challenge for IMO Too! open doors to valuable information. Information Resources on Climate Change and the Maritime Industry informs researchers about resolutions, circulars, circular letters, conferences and final reports of the meeting sessions, reports by the IMO staff, press releases, news articles, and other Internet resources. Many of these documents have hyperlinks.

 

 

Other IMO Resources

Thus far this article has described access points in conjunction with particular conventions. However, there are many general purpose access points that are useful in retrieving numerous articles, reports, official documents, and circulars at the IMO website. A few of these will be described below.

 

How and Where to find IMO Information is a good guide for researchers and delegates alike. Thousand of documents and publications such as codes, reports, working papers, resolutions, recommendations, circulars, circular letters, and notes verbales are produced by the IMO each year. These are available in English and some are available in other languages[22]. This tool helps researchers to become familiar with the jargon used and the documentation system of the Organization. Internal and external hyperlinks in this tool enhance the ease of navigation.

 

Sources & Citations of IMO Conventions is a site not to be missed! In a short but effective manner, the source familiarizes users with searching a convention. One can learn about depository responsibilities, find the status of conventions, the latest ratifications, and know where to locate the text of conventions. It also provides links to conventions by subject groups. Though the site is not updated past 2008, it is an excellent resource for the time period it covers.

 

SeaLibrary Online is the online bibliographic catalog of the Sea Library. The library holds selected IMO documents and publications to support daily activities of the Organization. Lending policy allows library holdings for inter-library loan with certain restrictions.

 

Current Awareness Bulletin is a treat for any information seeker. The Bulletin is published monthly and contains citations of articles from legal and technical sources. The site provides links to individual issues going back to May 2008. Prior issues published up to March 2008 are archived and can be searched collectively from the SeaLibrary. A FREE electronic copy of this publication can be requested by using the provided link.

 

Information Resources on Current Topics - Over 20 issues of current of concern can be accessed through just one click. A short description of each topic is associated with a link which opens up resources such as citations to published articles, official documents, and IMO publications, including CDs or videos about that particular topic. The format is similar to that of the Current Awareness Bulletin. Hyperlinks are provided where possible.

Index of IMO Resolutions, as the name suggests, is the up-to-date index of the Assembly (A), the Council (C), the Facilitation Committee (FAL), the Consultative Meeting of Contracting Parties to the London Convention (LC), the Legal (LEG), the London Protocol (LP), the Marine Environment Protection Committee (MEPC), the Maritime Safety Committee (MSC), and Technical Cooperation Committee (TC) resolutions. Documents from January 1959 — when the IMCO met for the first time — are included, and their current status is indicated. The resolutions are arranged by resolution numbers in reverse numerical order. Using this research tool, resolutions can be located by using either the List of IMO Resolutions According to Subject Headings or any of the following links if the body considering the resolution is known:

·  Assembly (A)*

·  Council (C) (Full text)

·  Facilitation Committee (FAL) (Full Text)

·  London Convention (LDC, LC) and London Protocol (LP) (Full Text)

·  Legal (LEG) (Full Text)

·  Marine Environment Protection Committee (MEPC) (Full Text)

·  Maritime Safety Committee (MSC) (Full Text)

·  Technical Co-operation Committee (TC) (Full Text) [23]

 

IMO Links Directory – As mentioned previously, the IMO’s work is supplemented and complemented by several NGOs and IGOs from all over the world and various bodies within the IMO. Each institution has its own expertise. This tool allows free text searches, as well as searches within a specific subject or a geographical area by using the “drop down” menu. I found this tool particularly useful to identify conferences or seminars conducted by various institutions. Some of these institutions even make their proceedings/papers available online.

 

Abbreviations of IMO Conventions is a handy table arranged by abbreviated convention names. Each abbreviation is associated with the hyperlinked official title of the convention. The link opens into Sources and Citations of Imo Conventions which was described previously.

 

List of IMO Meetings, Circulars and Conferences by Acronym and Dates opens up into three separate links for meetings, circulars, and conferences. Each entry is associated with the date range of the documents or events. Though useful in decoding the abbreviations, the utility of the acronyms would be enhanced if the SeaLibrary catalog could be searched by the abbreviations.

 

IMO components and affiliates

Marine Environment Protection Committee — Don’t be surprised if the link opens up the United States Coast Guard (USCG) home page. This is because the documents issued in connection with MEPC sessions are available to citizens of the parties through appropriate government bodies. The committee plays a vital role in developing legal instruments to protect the marine environment. Agendas of future meeting(s) and overviews of past sessions are accessible through the MEPC link. The Circulars of the committee are also accessible online to researchers. [24]

 

GESAMP — This acronym represents the joint Group of Experts on the Scientific Aspects of Marine Environmental Protection. It is an advisory body consisting of about 30 experts from environment related fields. GESAMP is sponsored by the IMO, Food and Agricultural Organization of United Nations or FAO, Intergovernmental Oceanographic Commission of UNESCO or UNESCO-IOC, World Metrological Organization or WMO, International Atomic Energy Agency or IAEA, UN, United Nations Environmental Programme or UNEP, and United Nations Industrial Development Organization or UNIDO. The group deals with all scientific aspects of the prevention, reduction and control of the degradation of the marine environment; conducts studies; and provides authoritative, independent, interdisciplinary scientific analyses and advice to organizations and member governments to support the protection and sustainable use of the marine environment. GESAMP publications include reports of its sessions and in-depth scientific studies. Thus, this component consists of a wealth of supporting or complementary information.

 

GloBallast — Global Ballast Water Management Programme.  This is a cooperative effort of the IMO, Global Environment Facility (GEF), and the United Nations Development Programme (UNDP). Its purpose was to assist developing countries in raising awareness about the danger of invasive species and considering measures to minimize the adverse impacts of aquatic species transferred by ships through ballast water. The program was initiated in 2000 and successfully completed in 2004. A new phase known as GloBallast Partnerships has become operational in 2007 and will continue through 2012. The full name of the Globallast Partnership is Building Partnerships to Assist Developing Countries to Reduce the Transfer of Harmful Aquatic Organisms in Ships’ Ballast Water. Fourteen developing sub-regions, 13 Lead Partnering Countries, and over 40 other nations are expected to participate in the project. [25]

 

In carrying out its responsibilities of raising awareness about the impact of translocated alien species, Globallast has published several publications such as Newsletter, the Globallast Monograph Series, Awareness Materials, and posters, as well as a film, Invaders from the Sea, which can be viewed either from the website or by watching a DVD. Also, do not forget to click on the links link and access a hyperlinked list of institutions around the world which are involved with this project.

Global Marine Litter Information Gateway is an informative website about the global, regional, and local problem of marine litter. Marine litter, though beyond the range of the average human’s eyesight, poses considerable risk to the marine environment. The “very slow rate of degradation of most marine litter items, mainly plastics, together with the continuously growing quantity of the litter and debris disposed, is leading to a gradual increase in marine litter” is an apt description of the problem. [26] Several downloadable publications about this issue are available here.

National and/or Regional WebPages

Though several nations have laws and regulations regarding marine environmental protection, the information is not available in English. One option is to locate a regional NGO or IGO and see if they have publications in English. Another option is to use a source similar to the World Law Guide, and look for the laws of a particular country or do a search across the countries related to marine environmental laws. The following pages inform us about national and regional laws and policies available in English, and may have a bearing on the international instrument(s): 

 

  • Regional Marine Pollution Emergency Response Center — Assists Mediterranean coastal States in the implementation of the Protocol Concerning Co-operation in Combating Pollution of the Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency. Contains information contributed by member countries in the region, technical publications, and meeting related documents.
  • PEMSEA — Regional Programme for Marine Pollution Prevention and Management in the East Asian Seas region.  It has been established to work on trans-boundary environmental challenges in the region.

Websites of Educational Institutions

Through their specialized programs, activities, research, along with their libraries, publications and publications of distinguished authors and scholars associated with the institutions provide valuable clues for furthering research.  Some such institutions are:

 

Periodicals

Some of the relevant periodicals are listed below. Full texts of a number of them are searchable and accessible electronically by Lexis and Westlaw. In addition, a relatively new service, HeinOnline, also offers electronic searching and retrieval capability for some of the publications listed below although it lacks sophisticated search capability. However, HeinOnline retrieves articles in PDF format.

 

Monographs

An exhaustive list of relevant monographs would certainly overwhelm this article. Therefore, a representative list was compiled using Worldcat. Detailed bibliographic records of the items as well as libraries which have the item of interest in their collection can be found out by using the hyperlinks. In addition, publications of various consultative organizations, NGOs and IGOs, associations, as well as the publications catalogue of the IMO are good places to search.

20th Pacific Congress on Marine Science and Technology (Pacon 2007) Ocean Observing Systems and Marine Environment; Pacon International; Curran Associates Inc; 2009.

37th Underwater Mining Institute Abstracts: Marine Minerals of the Pacific: Science, Economics, and the Environment: UMI2007, Tokyo, Japan, October 15-20, 2007; Usui, Akira; Morgan, Charles L.; Underwater Mining Institute. Conference (37th: 2007: Tokyo, Japan); Honolulu, Hawaii: International Marine Minerals Society; 2008.

A synopsis of the situation regarding the introduction of nonindigenous species by ship-transported ballast water in Canada and selected countries; Gauthier, Daniel, and D. A. Steel; Mont-Joli, Québec: Marine Environmental Sciences Division, Fisheries and Oceans Canada, Maurice Lamontagne Institute; 1996.

Adjudicating Climate Change: State, National, and International Approaches; Burns, William C. G., and Hari M. Osofsky; Cambridge: Cambridge University Press; 2009.

Analysis of Alternatives to Mid-Ocean Ballast Water Exchange for Nonindigenous Species Protection; Quitadamo, Beth; Thesis (M.S.)--Anna Maria College; 2006.

ASEAN Criteria and Monitoring: Advances in Marine Environmental Management and Human Health Protection : Proceedings of the ASEAN-Canada Midterm Technical Review Conference on Marine Science, Republic of Singapore, 24-28 October 1994; ASEAN-Canada Midterm Technical Review Conference on Marine Science, Kah Sin Ong, G. A. Vigers, and Dwight Jan Watson; North Vancouver, B.C.: EVS Environment Consultants; 1995.

Assessing Habitat Risks Associated with Bivalve Aquaculture in the Marine Environment; Canada, and Canadian Science Advisory Secretariat; [Ottawa]: Fisheries and Oceans Canada, Science, National Capital Region; 2006.

Assessing the Potential for Introduction of Nonindigenous Species Through U.S. Gulf of Mexico Ports; Barrett-O'Leary, Marilyn, Chris Popov, and Yvonne Allen; [Baton Rouge, La.]: Louisiana Sea Grant College Program, Louisiana State University; 1999.

Australia's Oceans Policy: International Agreements. Background Paper 2, Review of International Agreements, Conventions, Obligations and Other Instruments Influencing Use and Management of Australia's Marine Environment; Herriman, Max; Canberra, A.C.T.: Department of the Environment; 1997.

Ballast Water: Ecological and Fisheries Implications; Carlton, James T.; Copenhagen, Denmark: International Council for the Exploration of the Sea; 1998.

Ballast Water Management Convention = Convention sur la gestion des eaux de ballast = Convenio sobre la Gestión del Agua de Lastre; IMO; London: International Maritime Organization; 2005.

Blueprint 2050: Sustaining the Marine Environment in Mainland Tanzania and Zanzibar; Ruitenbeek, H. Jack, Indu Hewawasam, and M. A. K. Ngoile; Washington, D.C.: World Bank; 2005.

British Columbia Coast and Marine Environment Project, 2006. Biodiversity; British Columbia; Victoria, B.C.: Ministry of Environment, Strategic Policy Division; 2006.

British Columbia Coast and Marine Environment Project 2006. Climate Change; British Columbia. Victoria, B.C.: Ministry of Environment, Strategic Policy Division; 2006.

British Columbia Coast and Marine Environment Project, 2005. Industrial Contaminants; British Columbia; Victoria, B.C.: Ministry of Environment, Strategic Policy Division, 2005.

Canada and Marine Environmental Protection: Charting a Legal Course Towards Sustainable Development; VanderZwaag, David L.; International environmental law and policy series. London: Kluwer Law International; 1995.

Changes in Butyltin Residue Concentrations in Marine Sediments of Atlantic Canada between 1988 and 1994; Ernst, W. R.; Environmental protection report series, 99-1. Dartmouth, Nova Scotia: Environmental Protection Branch, Environment Canada; 1999.

Cleaner Coasts, Healthier Seas: Working for a Better Marine Environment: Our Strategy for 2005-2011; Great Britain. Bristol: Environment Agency; 2005.

Effect of Environmental Treaties on U. S. Seaports: A Cost-Benefit Analysis of MARPOL Annex VI; Flagg, Sarah M.; 2006.

Effectiveness of International Institutions to Protect Marine Environment in Semi-Enclosed Seas: Comparison of the Mediterranean, Baltic, and the Yellow Sea Regional Models; Yoon, Hyun Soo. Thesis (M.M.A.)--University of Washington; 2007.

Effects of Extraction of Marine Sediments on the Marine Environment, 1998-2004; Sutton, Gerry, and Sian Boyd; ICES cooperative research report, no. 297; Copenhagen: International Council for the Exploration of the Sea; 2009.

Effects of UV Radiation in the Marine Environment; Mora, Stephen de, Serge Demers, and Maria Vernet; Cambridge: Cambridge University Press; 2005.

Exotic Species and the Shipping Industry: A Workshop Held February 28 - March 2, 1990: Workshop Summary and Recommendations; Dochoda, Margaret, Andrew L. Hamilton, and Bruce L. Bandurski; S.l: s.n.]; 1990.

Encyclopedia of Global Warming and Climate Change; Philander, S. George; Los Angeles: SAGE; 2008.

Environment and the Law: Maintaining Efficient Operation While Controlling Noxious Emissions: 13th International Marine Propulsion Conference: Selected Papers and Programme; Motor Ship; Asea Brown Boveri; 1991.

Estimates of Oil Entering the Marine Environment from Sea-Based Activities; IMO/FAO/UNESCO-IOC/WMO/WHO/IAEA/UN/UNEP Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection; Reports and studies, 75; London: International Maritime Organization; 2007.

Grasping Adubad: Badulgal Management, Tenure, Knowledge and Harvest Within the Marine Environment of the Torres Strait; Norman, Karma C.; Dissertation Abstracts International; 68-05; Thesis (Ph.D.)--University of Washington; 2007.

Greenhouse 2009: Climate Change & Resources: Burswood Convention Centre, Perth, WA: 23-26 March 2009: Conference Handbook; Greenhouse 2009; Aspendale: CSIRO Marine and Atmospheric Research; 2009.

Human Impacts in the Marine Environment: 2005 Annual Conference of New Zealand Marine Sciences Society, 4th International Conference on Marine Bioinvasions, and NZ-US MARGINS Programme Meeting: Conference Programme, Information and Abstracts; New Zealand Marine Sciences Society, International Conference on Marine Bioinvasions, and Margins Programme; Wellington, N.Z.: New Zealand Marine Sciences Society; 2005.

IMO Guidelines on Ship Recycling; International Maritime Organization; London: International Maritime Organization, 2006;

India's Environmental Policy with Special Reference to Marine Environment; Raghavan, Sudha; New Delhi: Omsons Publications; 2005.

Inland Waterways; Ports and Channels; and the Marine Environment; National Research Council (U.S.); Washington, D.C.: Transportation Research Board; 2005.

International Convention for the Control and Management of Ships' Ballast Water and Sediments of 2004: An Analysis of Logical and Practical Aspects; Satkalmi, Arundhati Ashok; Thesis (M.A.)--St. John's University; 2005.

International Convention on the Control of Harmful Anti-Fouling Systems on Ships: Report (to Accompany Treaty Doc. 110-13); United States. Washington, D.C.: U.S. G.P.O.; 2008.

International Environmental Law in the Asia Pacific; Boer, Ben, Ross Ramsay, and Donald Rothwell.; London: Kluwer Law International; 1998.

International Legal Problems of the Environmental Protection of the Baltic Sea; Fitzmaurice, M.; International environmental law and policy series; Dordrecht: M. Nijhoff; 1992.

International Marine Environmental Law: Institutions, Implementation and Innovations; International environmental law and policy series, v. 64; The Hague: Kluwer Law International; 2003.

International Maritime Organization; Marine Environment Protection Committee (MEPC); Meeting; 2008.

International Ocean Law: Materials and Commentaries; McDorman, Ted L.; Durham, N.C.: Carolina Academic Press; 2005.

Introduction of Nonindigenous Species in the Adriatic Sea; Orlando-Bonaca, Martina, and Marjan Richter; Nova Gorica (Nova Gorica Polytechnic - School of Environmental Sciences): [Martina Orlando] samozal; 2001.

Introduction of Nonindigenous Species to the Chesapeake Bay Via Ballast Water: Strategies to Decrease the Risks of Future Introduction Through Ballast Water Management; Chesapeake Bay Commission; Annapolis, Md: The Commission; 1995.

Law of the sea, environmental law, and settlement of disputes: liber amicorum Judge Thomas A. Mensah; Mensah, Thomas A., Tafsir Malick Ndiaye, Rüdiger Wolfrum, and Chie Kojima; Leiden: Martinus Nijhoff; 2007.

Legal Regime of Marine Environment in the Bay of Bengal; Rahman, M. Habibur; New Delhi: Atlantic Publishers & Distributors; 2007.

L'Europe et la mer: pêche, navigation et environnement marin = Europe and the sea: fisheries, navigation and marine environment; Association internationale du droit de la mer, and Rafael Casado Raigón; Bruxelles: Bruylant; 2005.

Managing Britain's Marine and Coastal Environment: Towards a Sustainable Future; Smith, Hance D., and Jonathan Potts; Routledge advances in maritime research, 10; London: Routledge; 2005.

Marine Environment Protection and Biodiversity Conservation: The Application and Future Development of the IMO's Particularly Sensitive Sea Area Concept; with 16 Figures and 8 Tables; Roberts, Julian; Berlin [u.a.]: Springer; 2007.

Marine Pollution and International Law: The Quest for a Pollution Free Marine Environment, a Special Case of the Caribbean Sea; Guevara, Wayne, and Anselm Francis; Thesis (M. Sc.)--University of the West Indies, Saint Augustine, Trinidad and Tobago; 2004.

Marine Pollution Wider Caribbean Region: Convention between the United States of America and Other Governments, Done at Cartagena March 24, 1983 with Protocol.; United States. Washington, D.C.: Dept. of State; 1991.

Marine Protection Amendment Rules 2007: Prevention of Pollution by Oil MARPOL Revised Annex I: Invitation to Comment; Maritime New Zealand; [Wellington?], N.Z.: Maritime New Zealand; 2007.

Marine Resources: Property Rights, Economics and Environment; Falque, Max; International review of comparative public policy, 14; Amsterdam [u.a.]: Elsevier Science; 2002.

MARPOL: Articles, Protocols, Annexes, Unified Interpretations of the International Convention for the Prevention of Pollution from Ships, 1973, As Modified by the Protocol of 1978 Relating Thereto; International Maritime Organization; London: International Maritime Organization; 2006.

MERAG: Metals Environmental Risk Assessment Guidance; International Council on Mining & Metals, EuroMetaux, European Academy for Standardization, and Great Britain; S.l: s.n; 2007.

Modeling approaches to assess the potential effects of shellfish aquaculture on the marine environment; Chamberlain, Jon; Research document (Canadian Science Advisory Secretariat), 2006/032; [Ottawa]: Fisheries and Oceans Canada, Canadian Science Advisory Secretariat; 2006.

Monitoring the Quality of the Marine Environment, 2003-2004; Law, Robin J., Gill Hustwayte, and Donna Sims; Lowestoft: Centre for Environment, Fisheries and Aquaculture Science; 2006.

New technologies and law of the marine environment = Nouvelles technologies et droit de l'environnement marin; Beurier, Jean-Pierre, Alexandre Charles Kiss, and Said Mahmoudi; International environmental law and policy series, v. 55; The Hague: Kluwer Law International; 2000.

Pollution from Offshore Installations; Gavouneli, Maria; International environmental law and policy series; London: Graham & Trotman/M. Nijhoff; 1995.

Protecting the Marine Environment from Land-Based Sources of Pollution: Towards Effective International Cooperation; Hassan, Daud; Aldershot, Hants, England: Ashgate; 2006.

Remote Sensing of the Marine Environment: 15-17 November 2006, Goa, India; Frouin, Robert; Bellingham, Wash: SPIE; 2006.

Resolution on the Chamber for Marine Environment Disputes, Adopted on 7 October 2008; International Tribunal for the Law of the Sea; Hamburg: ITLOS; 2008.

Safer Ships, Cleaner Seas: A Reflection on Progress; Donaldson; S.l: s.n.], 1999.

Ship Recycling: A Handbook for Mariners; Mishra, Purnendu, and Anjan Mukherjee; New Delhi: Narosa Publishing House; 2009.

Shipping and Marine Environmental Protection in Canada: Rocking the Boat and Riding a Restless Sea; VanderZwaag, D.; PUBLICATIONS ON OCEAN DEVELOPMENT. no. 35: 209-229; 2000.

Stakeholder Views About the Marine Environment and Its Protection; Warren, Julie A. N., and Luke Procter; Science for conservation, 256; Wellington, N.Z.: Science & Technical Publishing, Dept. of Conservation; 2005.

State of the Hellenic Marine Environment; Papathanassiou, E., and Argyro Zenetos; Athens: Hellenic Center for Marine Research, Institute of Oceanography; 2005.

State of the marine environment in SW Wales, 10 years after the 'Sea Empress' oil spill; Moore, Jon; Marine monitoring report, no. 21. Bangor: Countryside Council for Wales; 2006.

State Responsibility and the Marine Environment: The Rules of Decision; Smith, Brian D.; Oxford monographs in international law; Oxford [Oxfordshire]: Clarendon Press; 1988.

Survey of Existing International Agreements and Instruments: Marine Environment and Marine Pollution; Boyle, Alan E.; Genèva, Switzerland: UNCED Secretariat, 1992.

Sustainable Development in International and National Law: What Did the Brundtland Report Do to Legal Thinking and Legal Development, and Where Can We Go from Here?; Bugge, Hans Christian, and Christina Voigt; Avosetta series, 8; Groningen: Europa Law Publishing; 2008.

The Effectiveness of International, Regional and National Legal Mechanisms in Protecting the Persian Gulf Marine Environment from Pollution; Khaji, Gholam-Reza; Thesis (PhD)--Macquarie University (Division of Law); 2000.

The Impacts of Economic Activities on the Marine Environment of the Bahamas: Land-Based Vulnerability and Waste-Loading Analyses; Davidson, Garin F.; 2006.

The International Law of Marine Environment Protection and Preservation: An Analysis with Application to Ghana; Dzidzornu, David M.; Thesis (LL. M.)--University of Calgary; 1992.

The Marine Mammal Commission Compendium of Selected Treaties, International Agreements, and Other Relevant Documents on Marine Resources, Wildlife, and the Environment. Second Update; Weiskel, Heidi W., Richard L. Wallace, and Melissa M. Boness; [Bethesda, Md.]: The Commission; 2000.

The Principles of the Protection of the Marine Environment in the Adoption of the International Convention Relating to Liability for the Carriage of Hazardous and Noxious Substances at Sea (HNS); Bétheuil, Diane, and William T. Burke; 1994.

The Royal Commission on Environmental Pollution Report "Turning the Tide": Addressing the Impact of Fisheries on the Marine Environment: the Scottish Executive Response; Scotland; Edinburgh: Scottish Executive; 2006.

The Ship Recycling Conundrum An Econometric Analysis of Market Dynamics and Industry Trends; Knapp, S., Shashi Kumar, and Anna Bobo-Remijn; Report, EI 2007-52; Rotterdam: Econometric Institute, Erasmus School of Economics, Erasmus University; 2007.

The Significance of Ballast Water in the Introduction of Exotic Marine Organisms to Cork Harbour, Ireland; Minchin, D., and J. Sheehan.; 1998.

The State of the Marine Environment of England and Wales: Report; Great Britain; Bristol: Environment Agency; 2005.

The State of the Marine Environment: Regional Assessments; Heileman, Sherry; The Hague, The Netherlands: UNEP/GPA Coordination Office; 2006.

The State of the Marine Environment: Trends and Processes; Jeftic, L., Andrea Matte-Baker, and M. Schomaker; The Hague, The Netherlands: UNEP/GPA Coordination Office; 2006.

The Stockholm Declaration and Law of the Marine Environment; University of Virginia, Myron H. Nordquist, John Norton Moore, and Said Mahmoudi; Center for Oceans Law and Policy; The Hague: Kluwer Law International; 2003.

The United Nations Environment Programme and the Marine Litter Challenge: A Short Overview of Activities of the United Nations Environment Programme Related to Addressing the Problem of Marine Litter; UNEP Regional Seas Programme; [New York]: UN; 2005.

Toxicities and Ecological Risks of Selected Anti-Fouling Biocides to Marine Organisms in Hong Kong; Bao, Wei-wei, Vivien; Hong Kong University Theses Online; Thesis (Ph. D.)--University of Hong Kong; 2009.

Turning the Tide: Addressing the Impact of Fisheries on the Marine Environment; Blundell, Tom; Cm, 6392; Norwich: TSO (The Stationary Office); 2004.

Washington Sea Grant: Knowledge for Use in the Marine Environment; Washington Sea Grant Program; Seattle, WA: Sea Grant Washington; 2007.

White Sea: Its Marine Environment and Ecosystem Dynamics Influenced by Global Change; Filatov, Nikolai; Nansen Center's polar series, no. 3; Berlin: Springer; 2005.

Associations

Associations’ web pages make a good resource to learn about members' mindsets and clues about their support or opposition to specific legal instruments.  Also, they provide links to texts or abstracts of their publications.  Overall, these pages keep interested parties abreast of the new developments about an issue.

 

Shipping Organizations/Associations

These sites provide information similar to that provided by Association's web pages.

 

Miscellaneous



[1] I am thankful to William Manz for reading and editing this article.

[3] General Objectives and Policies. Accessible from here. Accessed on December 3, 2009.

[4] id.

[5] World Maritime Day 2007: IMO's response to current environmental challenges; IMO News magazine 2007, issue 2; page 14

[6] Available here.

[7] NGOs and IGOs link provide lists of these consultative organizations and informs about how to attend consultative status

[8] According to an IMO staff, the website is undergoing a massive overhaul which should be completed by Spring 2010. One of the most welcomed developments is an ability to link to specific pages.

[9] An article by Heidi Frostestad Kuehl titled A Basic Guide to International Environmental Legal Research was published in May 2006 issue of Globalex is a good source of complementary information.

[10] Additional information is available at Climate Change and the Maritime Industry and can be accessed here.

[11] IMO 60 years. Available here .

[12] Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972. Accessed from here on December 9, 2009.

[13] Responding to oil spills. Accessed here on December 9, 2009.

[14] Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious Substances, 2000 (OPRC-HNS Protocol). Available here. Accessed on December 9, 2009.

[15] Access International Maritime Organization. Select “marine environment” on the dark blue horizontal tab bar and select Ballast Water Management from the vertical column on the right.

[16] Sweden ratifies BWM Convention

[17] MEPC 59 Review; Oil Spill Intelligence Report; v. 32, # 34; August 13, 2009; p. 3. the document is available here.

[18] Information Resources on Recycling of Ships, Available here. Accessed on December 7, 2009

[19] Shipping, World Trade and the Reduction of CO2 Emissions. See here page 3

[20] IMO environment meeting issues technical and operational measures to address GHG emissions from ships. See link.

[21] Available here .

[22] IMO Documents are available in English, French and Spanish. Reports of the main Committees are also translated into Russian and Chinese. Arabic is available only for Council, Assembly and the Legal Committee Reports. Some of the INF (Information) documents are not translated; attachments (reports etc which are not published by IMO) are not translated either.

[23] This information is taken from here and was accessed on December 8, 2009.

[25] IMO News; No 3, 2007; Funding approved for next phase of GloBallast Partnerships.; p. 10.

[26] Available here .