Henrik Ringbom

The EU Maritime Safety Policy and International Law

This book offers a comprehensive international law analysis of the European Union’s maritime safety legislation.

Global Problem—Regional Solution? International Law Reflections on an EU CO2 Emissions Trading Scheme for Ships

International law questions linked to a potential future European Union ‘emission trading scheme’ for shipping are addressed. If such a scheme were to be introduced (which is not yet clear), and if it were designed to cover emissions that have occurred beyond the territorial waters of the Member States or even in other States’ maritime zones (which, in that case, seems likely), it would evoke interesting questions of principle relating to the jurisdiction of States to impose requirements on foreign ships for matters which take place beyond their territory. Different approaches to the question are discussed, starting from the law of the sea, but also including a brief review of other potentially relevant branches of international law. It is concluded that international law does not necessarily prevent the establishment of such a scheme, but places a number of important limitations on its design.

Regulatory Layers in Shipping

This book addresses emerging challenges for the World Ocean in the Anthropocene epoch and the effects of increasing globalisation on the seas. The issues explored in particular include climate change, sustainable fisheries, biodiversity, shipping and regional seas adjoining Europe.

Port State Jurisdiction: Challenges and Potential

Confronted with the failures of flag states to adequately regulate their vessels, and/or to enforce applicable law, port states may assume a subsidiary regulatory and enforcement role. Exercising port state jurisdiction (PSJ) over foreign-flagged vessels, these port states may give effect to generally applicable international rules and standards, or simply apply their own laws. As the exercise of PSJ over foreign-flagged vessels often has effects outside the port, or even aims to regulate activities beyond national jurisdiction, legitimate questions as to the territorial nature of PSJ can be asked. It transpires, however, that most assertions of PSJ can formally be justified under a broad construction of the territoriality principle. Alternatively, they can find their basis in multilateral agreements or simply in the desire to protect common concerns. As the legality net regarding PSJ could thus be cast rather wide, the question, i.e., to what limitations such jurisdiction is subject, inevitably arises.

Concluding Remarks: Regulatory Gaps and Broader Governance Patterns in the Baltic Sea

The concluding chapter summarizes the findings on the book and makes a series of conclusions relating to jurisdictional matters as well as the substantive topics covered. It is noted that several regulatory gaps still exist in the regulation of the environment in the Baltic Sea and seeks to use the sample of issues discussed in the book for making some more general observations on the development, nature and consequences of various types of gaps in the specific Baltic Sea context.