REGIONAL CONTROL OF OCEAN POLLUTION:LEGAL AND INSTITUTIONAL PROBLEMS AND PROSPECTSPDF电子书下载

CHAPTER Ⅰ INTRODUCTION 1

0.Definition of Pollution 6

1.Sources of Pollution 13

2.International Measures to Control Pollution of the Sea Originating from Land 19

3.Pollution from Ships 28

4.System of Enforcement 34

5.Pollution Resulting from Exploitation of Marine Mineral Resources 49

6.Other Sources of Pollution 55

7.Summary 58

CHAPTER Ⅱ NATIONAL POWERS TO CONTROL POLLUTION WITHIN AREAS OF NATIONAL JURISDICTION:LAND-BASED;TERRITORIAL SEA;AND ADJACENT ZONE POLLUTION 61

1.The Control of Land-Based Pollution 63

2.Control of Pollution from the Territorial Sea 80

3.Coastal State Control of Pollution within the Adjacent Zone 85

(i)Status of the Rule 85

(ii)Pollution Control in the Contiguous Zone under the 1958 Convention 89

(iii)Coastal State Control of Pollution in a Zone Greater than 12 Miles 89

(a)Status of the Rule 89

(b)Proposal for an Adjacent Zone 97

4.Summary 101

CHAPTER Ⅲ NATIONAL POWERS TO REGULATE POLLUTION IN AREAS BEYOND NATIONAL JURISDICTION 103

1.Jurisdiction over Vessels of National Registration 105

2.Jurisdiction Regarding Ships of Foreign Registration 109

(a)The Principle of Objective Territoriality 111

(b)The Principle of Self-Defence 116

(c)Powers Conferred by Recent Conventions 125

(d)Principle of Universality of Jurisdiction 128

3.Toward a Regional Approach:An Appraisal 140

CHAPTER Ⅳ REGIONAL ORGANIZATION WITH EXCLUSIVE REGULATORY POWERS IN THE SEA BEYOND NATIONAL JURISDICTION 165

1.Determination of Regional Boundaries 165

2.Criteria for Selecting Members 172

3.Functions of the Organization 179

(a)To Study and Assess Ocean Environment 180

(b)Promulgation of Rules and Standards 185

(c)The Scope of the Enforcement Measures 198

(d)Settlement of Disputes 211

(e)Transfer of Marine Technology, Including Training of Local Experts 214

4.Organs of the Regional Organization 219

5.Summary 227

CHAPTER Ⅴ POWERS OF THE REGIONAL ORGANIZATION IN AREAS OF NATIONAL JURISDICTION 231

1.Promulgation of Rules Regarding Pollution in Coastal Waters 232

2.Standards Applicable to Land-Based Sources of Pollution 236

3.Procedure for Review and Appraisal of Application of Regional Standards 243

4.Monitoring of Initiatives by Regional Organization 247

5.The Problem of Recalcitrant States 248

CHAPTER Ⅵ THE GLOBAL ASPECTS OF THE REGIONAL REGIME 251

1.The Global Purview of the Regulations and the Processes of Their Promulgation 252

2.Regulations on Trans-Regional Pollution 261

CHAPTER Ⅶ SUMMARY AND CONCLUSIONS 265

SUBJECT INDEX 275