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Keyword: Seevölkerrecht

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Reduzierung von Schiffsabgasen durch Völker- und Europarecht journal article

Zugleich Besprechung von Katharina Solf, Europäisches Meeresumweltrecht im Internationalen Mehrebenensystem

Detlef Czybulka

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 17 (2019), Issue 2, Page 261 - 267

The European Union (EU) is neither a member of the International Maritime Organization (IMO) nor a State party to the MARPOL Convention. In the past, the compatibility of certain EU regulations concerning the reduction of exhaust emissions of (also foreign) vessels navigating in the ports, the territorial seas or the exclusive economic zones of the Member States with Annex VI of the MARPOL Convention was subject to debate. This article argues that the relevant decisions of the Court of Justice of the European Union were not only formally correct but also substantially justified: Inadequate rules and standards established by the IMO cannot be held to be “generally accepted” in terms of Art. 211 (5) LOSC when they do not implement the guiding idea of Part XII of the United Nations Convention on the Law of the Sea, namely to minimize pollution to the fullest possible extent in all maritime zones as well as the airspace above them.

Schwerpunkt: Responsible Maritime Governance ∙ Ship Waste and Marine Litter Under the International Law of the Sea and International Environmental Law journal article

Aleke Stöfen-O’Brien

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 17 (2019), Issue 4, Page 471 - 478

Marine litter pollution of the marine environment is seen as one of the most pressing issues of our time. This is a very complex scientific and regulatory problem due to the longevity of the waste, which consists mainly of plastic. There are also many uncertainties and gaps in our knowledge regarding its fate and effects in the marine environment. Plastic waste discharges from ocean shipping are relatively low at a global scale. The International Maritime Organisation (IMO) addressed this problem very early on by adopting international agreements. In particular, Annex V of the International Convention for the Prevention of Pollution from Ships (MARPOL) is a key instrument. Although it was revised in 2013, there are still regulatory gaps and a lack of definitions leads to inconsistent implementation. The persisting enforcement difficulties also weaken the system. As MARPOL provides for minimum standards, some regional developments must be given special attention. The implementation of the IMO guidelines in the Baltic Sea region, within the framework of which a special cost recovery system was developed, is central here. The approach is based on developing economic incentives for the landing of ship-generated waste in order to prevent it from being discharged into the marine environment . Overall, various international and regional fora are adopting measures against marine waste. However, the multitude of measures reduces the effectiveness of the waste avoidance regime.

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