Patrick Donner

Ballast water treatment ashore — Better for the environment and for seafarers

After a brief overview of the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM Convention), 2004, the status of ratification and its applicability to ships the main methods for ballast water treatment required by the BWM Convention are introduced. Port-based reception and treatment facilities would offer many benefits compared to treatment of ballast water on board — shore-based facilities would be more efficient and provide both economical and environmental advantages. The choice to impose the ballast water treatment obligations on the ships and their crews may have been the solution of least resistance, but it may also be the solution, which represents the least efficiency and the greatest overall cost as well as a potential for negative consequences for the crew responsible for ballast water management.

Offering refuge is better than refusing

Historically, there is a long tradition of granting vessels in distress a place of refuge, particularly for humanitarian reasons, but more recently there has been a growing apprehension of coastal states to grant refuge. This apprehension has mostly centred upon the risk of pollution damage. The liability of the shipowner for damage to third parties, the existing liability regimes and the sufficiency of the existing compensation mechanisms, particularly bearing in mind the shipowner’s right to limit liability are reviewed. Against this background the paper analyses different options of decision making regarding whether refuge is granted or not. The conclusion is that the interests of the coastal state and the vessel need to be balanced against each other and that that balance in the majority of situations should result in gran ting a place of refuge.

Oil Spill Intervention in the Mediterranean Sea

It is axiomatic that maritime transportation is essential for international trade. As the global economy and commerce continue to grow, significant pressure falls on maritime transportation. The types of goods conveyed by maritime transportation are innumerable. Oil is one of the transported commodities that rank high among import–export items. Without oil, the world’s energy supply is predicted to slowly run dry and in that instance, the ever-expanding global economy might lose its raison d’etre. Marked by its versatile utility, oil supply has been in high demand in the international market for a considerable period of time. Occasionally, oil transportation via tankers does not always go as expected. Even though accidental discharges from incidents such as the Torrey Canyon, Amoco Cadiz, and the Exxon Valdez are considered to be less when compared to other types of vessel-source pollution, those incidents have nevertheless, demonstrated the need for a comprehensive national contingency plan to combat the deleterious effects of oil pollution at sea. Hence, they have been the reason behind the outcry of affected coastal communities and increased public attention to the threat of oil spills.

Sulphur Directive, Short Sea Shipping and Corporate Social Responsibility in a EU Context

When considering the beneficial aspects and dynamics of shipping, it is stated as being, statistically, the least environmentally damaging mode of transport (IMO Marine Environment Policy 2008; Mitropoulos 2007). Whilst this acknowledgment is derived from quantitative research analysis (Whitelegg 1993; Hecht 1997; IMO Marine Environment Policy 2008, p. 1), maritime transport is not completely free from negative externalities and may pose a threat to fragile marine ecosystems and to those who value and depend on the sea (Linden et al. 2007). Although regulation of maritime transport continues to progress with a proactive approach from IMO and sometimes driven by initiatives from the European Union, it is observed that since the early 1960s the focus has shifted to air pollution, more specifically to air emissions. At the request of the Council of Europe’s Parliamentary Assembly, the Council of Ministers held a conference in 1965 and set up a Committee of Experts to examine the possibilities to “convene a European Convention on Air pollution” (Gillespie 2005, p. 191). This led to the 1968 Declaration of Principles of Air Pollution (Gillespie 2005) adopted by the Ministers’ Deputies on the 8th of March 1968 (Resolution (68) 4). Subsequently, the Council of Europe adopted resolution 70 (11) in 1970 and declared that a restriction is desirable to limit altogether the concentration of sources of emissions of air pollutants, irrespective of their source (Gillespie 2005). Parallel to regional efforts, the international effort to control air pollution commenced in 1968 when the World Meteorological Organization provided the framework for a global network to monitor atmospheric chemical components related to climate change and environmental issues (Kiss and Shelton 2007). Although air pollution is not considered a major environmental consequence of shipping, emissions from ocean-going vessels while in port can nevertheless, be of great concern due to the fact that they are more likely to affect the population of adjacent coastal areas (Hecht 1997). These ocean-going vessels are said to contribute significantly to global emissions of inter alia SO2, and it is projected that by 2020, the contributions of ship emissions to the European Union NOx and SOx inventories will exceed all other emission sources in the European Union nations (Friedrich et al. 2007, p. 31, Commission of the European Communities 2005). It is, therefore, important to analyse pertinent European Union legislation on SO2 emission against the backdrop of Corporate Social Responsibility (CSR) and examine how the voluntary aspect of CSR functions under emission reduction strategies that are “strict compliance” in nature.

Methods to Promote Improved Governance in Maritime Administrations of Developing Nations

Shipping has for a long time been acknowledged as one of the strong catalysts of socio-economic development. The facilitation of international trade is one of the central aims of the shipping industry and has become an increasingly important part of a global economy. The concept “governance” has become the topic of much debate within the context of international trade and was also recently highlighted due to the fact that shipping is trans-boundary and that the shipping industry has an impact on the environment. At the same time, it has rightly been observed that there is no uniform definition of the concept “governance”, and definitions that do exist, only point to an uncertainty of the concept (Roe 2012). It is noteworthy that the term “governance” is used extensively in a number of academic disciplines, e.g. business administration, political science, management, economics and law (Yliskyla-Peuralahti and Gritsenko 2014). As such, the term “governance” is mainly defined on the basis of the focus of each individual discipline. For example, in the field of economics, governance is said to comprise of the processes that support economic actions and transactions by protecting property rights, enforcing contracts and taking collective action to provide appropriate physical and organisational infrastructure (Dixit 2008). In economic governance, the aforementioned processes are carried out within institutions, both formal and informal (Dixit 2008). The definition of governance as observed in the economic-discipline can be contrasted from the way it is understood in the field of law. Governance, in the law discipline, is concerned inter alia, with the functions of the government organs, i.e. the executive branch, the legislative branch and the judiciary branch. To ensure good governance, it is acknowledged that each of these three organs should be separate and be given independent powers so that powers, and roles and responsibilities are not in conflict with each other (Vile 1967). Again, in the field of business administration, the definition of the term “governance” is mainly company or corporation oriented whereby the fundamental principle is similar to that of the economic discipline. Fidrmuc et al. (2006) have offered an insightful definition of corporate governance that refers to a “combination of mechanisms which ensure that the management (the agent) runs the firm for the benefit of one or several stakeholders (principals)” (Fidrmuc et al. 2006). In short, governance in the corporate field revolves mainly around the conflict of interests and the prevention or mitigation of those conflicts between the providers of finance and the managers; the shareholders and the stakeholders; and the different types of shareholders (Goergen et al. 2012).

The Relationship Between Nationality of Ships, “Genuine Link,” and Marine Insurance

In a world where 90% of the volume of the total trade is seaborne trade, the need to ascertain the risks connected with the carriage by ships is more than obvious. In 2017, the number of merchant ships navigating across the globe was 93.161. These vessels are crossing the rough oceans not for charitable reasons but for the purpose of generating income for privately owned companies, in which, almost invariably, they are the most valuable assets. It is the risks inherent in shipping (e.g., rough weather conditions that can frustrate the expedition, volatile freight market, unpredictable asset values, etc.), which make the particular business worth pursuing for profit making. At the same time, the materialization of the risk depends on many factors, like the condition, maintenance and safe navigation of the ship, the encounter of adverse weather conditions, the competency of the seafarers as well as that of the onshore personnel, and the prevailing market conditions, which also dictate the mode of operation and exploitation of the ship. But how likely is the materialization of the risk? What impact will the severity of the consequences have to the company’s trading continuation? During the last years, it has become increasingly common for ship-owning companies to devise business plans based on risk analysis and risk management. There are many ways to tackle the problem of risks. One option may be that the risk is borne by the company itself with the expectation that the damage/loss would be compensated with legal recourse against the person who caused it. However, such choice may prove futile for many reasons (e.g., third party becoming insolvent, inability to entertain recovery proceedings abroad). Another approach is to reduce the risk, either by reducing the frequency of occurrence or by minimizing the consequences. Risk reduction measures are not taken once and for all—they need to be continuously assessed and repeatedly reassessed. However, regardless of all efforts to reduce them, some risks will remain. The risk, which still remains, can be transferred to another party, either by transferring the activity to a specialist (e.g., subcontracting) or by transferring the financial consequences. It is the last option, namely transfer of risk by insurance, that will be examined in the light of the shipowner’s unfettered right to elect registry for his ship.

Analysis of Alternatives to Set the “Balance”

Whatever is reiterated from the technological aspect, the reality of it all is that climate change is a phenomenon that will not shift gear.

Emanation of Environmental Issues and Regional Responses

The level of International interest in the Arctic has surely intensified. It has already been established that, with this interest flows the increased action of international navigation that seeks commercial concern through a shorter sea-route. The first norm of the result of climate change is the geographical issue while the final norm relates to the environmental issue. To be precise, climate change is instigating changes in the legal regime.

Corporate Social Responsibility and the Arctic

The concept of “ocean governance” has many dimensions and is therefore, inconclusive in nature.

Status Quo of Arctic International Instruments

International environmental law has been augmented during the past few decades, and in consequence there has been an emergence of several quintessence principles that in turn provide for a framework of customary environmental law.