1,182 research outputs found
Obligations of Flag States in the Exclusive Economic Zone
No full textIn focus in this chapter is the 2015 Advisory Opinion on Illegal, Unreported and Unregulated (IUU) Fishing rendered by the International Tribunal of the Law of the Sea (ITLOS) concerning obligations of flag states in the exclusive economic zone. Professor Chircop explains the significance of the issues considered by ITLOS in the context of the United Nations Convention on the Law of the Sea (UNCLOS), as well as with reference to international maritime, environmental and fisheries law. He discusses the ITLOS understanding of the responsibilities and liability of flag states in response to the questions posed to it, and reflects on the significance of the Advisory Opinion and the extent to which it has changed the understanding of the due diligence duties of flag states today. He concludes with observations on the potential effects of the Advisory Opinion on maintaining UNCLOS as a living constitution
Obligations of Flag States in the Exclusive Economic Zone
No full textIn focus in this chapter is the 2015 Advisory Opinion on Illegal, Unreported and Unregulated (IUU) Fishing rendered by the International Tribunal of the Law of the Sea (ITLOS) concerning obligations of flag states in the exclusive economic zone. Professor Chircop explains the significance of the issues considered by ITLOS in the context of the United Nations Convention on the Law of the Sea (UNCLOS), as well as with reference to international maritime, environmental and fisheries law. He discusses the ITLOS understanding of the responsibilities and liability of flag states in response to the questions posed to it, and reflects on the significance of the Advisory Opinion and the extent to which it has changed the understanding of the due diligence duties of flag states today. He concludes with observations on the potential effects of the Advisory Opinion on maintaining UNCLOS as a living constitution
Regulatory Capture in the Shipping Industry
No full textIn this chapter John Dalziel, Floris Goerlandt, Roland Pelot, and Aldo Chircop examine regulatory capture in the shipping industry. The authors reflect on the relationship between governments as “regulators” and shipping industry actors as “regulatees” at the International Maritime Organization (IMO) and in Canada. In doing so, the chapter explores aspects of the relationship that could lead to regulatory capture in the development, adoption, and enforcement of maritime regulations. Focusing on the IMO and Transport Canada, the chapter explores theoretical considerations on regulatory capture in shipping and then turns to the IMO and Canadian frameworks as the respective principal international and national systems of regulation and identifies aspects of their interface with industry that could raise regulatory capture concerns
Regulatory Capture in the Shipping Industry
No full textIn this chapter John Dalziel, Floris Goerlandt, Roland Pelot, and Aldo Chircop examine regulatory capture in the shipping industry. The authors reflect on the relationship between governments as “regulators” and shipping industry actors as “regulatees” at the International Maritime Organization (IMO) and in Canada. In doing so, the chapter explores aspects of the relationship that could lead to regulatory capture in the development, adoption, and enforcement of maritime regulations. Focusing on the IMO and Transport Canada, the chapter explores theoretical considerations on regulatory capture in shipping and then turns to the IMO and Canadian frameworks as the respective principal international and national systems of regulation and identifies aspects of their interface with industry that could raise regulatory capture concerns
Space and the nation: three texts on Aldo Rossi
No full textIn this paper the spatial dimensions of political practice and the historical dimensions of architectural practice are examined. The author argues that these two practices intersect when, in the life of a city and a nation, time is transformed into space. The productivity of death in this regard is explored. In developing this argument, reference is made to the works and writings of Regis Debray and Aldo Rossi, as well as events in the recent political history of South Africa
Foul Air: Aldo van Eyck on Postmodern Architecture
No full textIntroduction to bookGreen Open Access added to TU Delft Institutional Repository 'You share, we take care!' - Taverne project https://www.openaccess.nl/en/you-share-we-take-care Otherwise as indicated in the copyright section: the publisher is the copyright holder of this work and the author uses the Dutch legislation to make this work public.Space & Typ
Migrations by Sea in the Mediterranean: an Improvement of EU Law Is Urgently Needed
No full textL’autore esamina il fenomeno delle migrazioni via mare alla luce delle norme convenzionali di diritto del mare (Convenzioni SAR e Salvage), evidenziando le loro criticità nel disciplinare fenomeni di pericolo in mare diversi rispetto alle migrazioni. Dà atto degli sforzi compiuti soprattutto dall’IMO per adattare queste norme sul soccorso in mare alle migrazioni, sottolineando tuttavia i limiti di confinare all’interno di convenzioni “marittime” profili diversi (controllo alle frontiere, protezione dei diritti fondamentali delle persone, o questioni (vere o presunte) di sicurezza nazionale). L’articolo passa quindi ad analizzare la disciplina applicabile in ambito UE, i.e. regime Dublino e interazioni con la disciplina del cd. spazio Schengen. Pur evidenziando alcuni tentativi di migliorare il sistema, specie col regolamento n 656/2014 che ha riformato il controllo delle frontiere esterne, l’articolo si sofferma sulle gravi lacune della disciplina UE, concepita in periodi storici e rispetto a flussi migratori ben diversi, e applicata in modo incompatibile con principi primari dell’Unione, criticando altresì la prospettiva “emergenziale” che traspare da queste norme, quando invece è necessario capire, in linea con gli studi delle N.U., che il fenomeno migratorio è stabile, caratterizza la nostra società e il futuro, e presenta assai più aspetti positivi che negativi
Jurisdiction Over Ice-Covered Areas and the Polar Code: An Emerging Symbiotic Relationship?
No full textThe recent adoption of the International Code for Ships Operating in Polar Waters (Polar Code),with effect from 1 January 2017 heralds a new era in polar shipping regulation. The implementation needs of the Polar Code are expected to challenge state parties to the international maritime law conventions concerned, most especially the coastal states of the Arctic Ocean, which have domestic regulatory regimes for shipping in their northern waters justified on the basis of Article 234 of the United Nations Convention on the Law of the Sea.The author discusses the relationship between the Article 234 power, the Polar Code and existing national legislation governing polar shipping, and the compliance expectations for Arctic coastal states, in particular for Canada and the Russian Federation. The article concludes with observations on the balance struck between universality and uniformity in international maritime law on the one hand, and the unilateralism under Article 234 on the other
- …
