Marine Environment Protection and Biodiversity Conservation The Appl
Despite the potential benefits that PSSA designation can deliver, recent practice both within the IMO and by individual member States, has considerably undermined confidence in this emerging concept. The focus of this book is on the events within the IMO
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Julian Roberts
Marine Environment Protection and Biodiversity Conservation The Application and Future Development of the IMO’s Particularly Sensitive Sea Area Concept
With 16 Figures and 8 Tables
123
Dr. Julian Roberts Visiting Fellow Centre for Maritime Policy University of Wollongong Wollongong NSW 2522 Australia [email protected]
Cataloging-in-Publication Data Library of Congress Control Number: 2006934190
ISBN-10 3-540-37697-6 Springer Berlin Heidelberg New York ISBN-13 978-3-540-37697-2 Springer Berlin Heidelberg New York This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable for prosecution under the German Copyright Law. Springer is a part of Springer Science+Business Media springer.com © Springer-Verlag Berlin Heidelberg 2007 The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Production: LE-TEX Jelonek, Schmidt & Vöckler GbR, Leipzig Cover: Erich Kirchner, Heidelberg SPIN 11822738
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Despite the wide ranging implications of decisions made on Particularly Sensitive Sea Areas by the International Maritime Organization, the PSSA concept has not received a great deal of academic interest. Dr Julian Roberts’ timely book therefore brings significant value-added to the issue. He provides us initially with an introduction to the whole complex legal framework of marine environmental protection and the regulation of shipping. Then he looks at the development of the PSSA concept within the IMO and the 1991 PSSA Guidelines and the work of the three sessions of the Legal Experts Group convened by the University of Hull Law School, that I chaired in the early nineteen-nineties.1 He then provides a detailed examination of the requirements for PSSA designation and looks in detail at the way that these have been applied by the IMO Committees. The heart of his work however is in the chapters (5 and 6) where he fully develops a critique of the way the concept has been applied in practice. Here he suggests that the guidelines have not always been applied rigorously or even logically and the procedures employed sometimes lack scientific and procedural rigour. In particular, he argues that designation for “iconic” purposes only is a dangerous path to follow, as without “associated measures” providing specific restrictions on navigation, such designation risks unde
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