Particularly Sensitive Sea Areas The IMO's Role in Protecting Vulner

Designations of large Particularly Sensitive Sea Areas (PSSAs) triggered a controversial debate within the International Maritime Organisation (IMO) concerning the legal basis of PSSAs, the relationship between the IMO’s PSSA guidelines and UNCLOS, as wel

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Particularly Sensitive Sea Areas The IMO’s Role in Protecting Vulnerable Marine Areas

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H A M B U R G S T U D I E S O N M A R I T I M E A F FA I R S 13

International Max Planck Research School for Maritime Affairs at the University of Hamburg

International Max Planck Research School (IMPRS) for Maritime Affairs at the University of Hamburg

Hamburg Studies on Maritime Affairs Volume 13 Edited by Jürgen Basedow Peters Ehlers Hartmut Graßl Hans-Joachim Koch Rainer Lagoni Gerhard Lammel Ulrich Magnus Peter Mankowski Marian Paschke Thomas Pohlmann Uwe Schneider Jürgen Sündermann Rüdger Wolfrum Wilfried Zahel

Markus J. Kachel

Particularly Sensitive Sea Areas The IMO’s Role in Protecting Vulnerable Marine Areas

123

Markus J. Kachel Marchlewskistraße 41 10243 Berlin [email protected]

Doctoral Thesis, University of Hamburg, 2008

ISBN 978-3-540-78778-5

e-ISBN 978-3-540-78779-2

DOI 10.1007/978-3-540-78779-2

Hamburg Studies on Maritime Affairs ISSN 1614-2462 Library of Congress Control Number: 2008925527 © 2008 Springer-Verlag Berlin Heidelberg 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 permissions for use must always be obtained from Springer-Verlag. Violations are liable for prosecution under the German Copyright Law. 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. Cover design: WMXDesign GmbH, Heidelberg Printed on acid-free paper 987654321 springer.com

Preface and Acknowledgements

The idea of this study emanated from one of many lively discussions I had during my time as a student on the LL.M. programme at University College London. In the aftermath of the disastrous Prestige sinking off the French Atlantic coast in November 2002, I came across the legal questions posed by Particularly Sensitive Sea Areas. Prof. Malcolm Forster of UCL encouraged me to pursue my research and eventually supervised a study on the Western European PSSA. I am greatly indebted to him for stimulating and sustaining my interest in this subject matter. When I considered starting a PhD study on the broader legal implications of the PSSA concept, Prof. Dr. Hans-Joachim Koch (University of Hamburg), my teacher and mentor for many years, supported my project and agreed to supervise it. I would like to express my sincerest appreciation to him. He not only aroused my interest in environmental law, but also taught me always to explore the subtleties of an issue. Being an assistant to him for some years was