The Baltic Sea is unique with regard to its geography, climate and environment. Its uniqueness is also reflected in policy and governance. The book examines the regulation of the Baltic Sea from different perspectives, including navigation, the protection of the marine environment, fisheries, marine scientific research and future challenges for the law of the sea in the Baltic Sea. The book thus also represents a maritime case study of how international, European and national laws interact in the Baltic Sea Region.
This book offers a comprehensive international law analysis of the European Union’s maritime safety legislation. This is a relatively novel field of activity of the EU, but its development has been very rapid. Since 1993, over 40 acts of EU law have been adopted, dealing with a variety of subjects, such as port State control, classification societies, vessel traffic management, ship construction, environmental protection and pollution sanctions. This legislation is analysed from the point of international law, notably the law of the sea and the international maritime conventions. Regional legislation in a field that is traditionally regulated primarily by means of international conventions is bound to create tensions with the related international conventions and with well-established principles of international law. This study assesses how the EU has acted as a flag State, port State and coastal State and measures the trends in this development against the international legal framework. More detailed legal analyses are offered for specific aspects of EU legislation that are considered to be particularly interesting from an international law point of view. The relationship between EU law and international law within the internal EU legal system is also analysed from the specific perspective of maritime safety law.
New technologies are being introduced to address the eutrophication of the Baltic Sea. By removing or chemically treating the seabed sediments, or by mechanically increasing oxygen levels in the deep sea, it is hoped that leakage of phosphorus from the seabed can be reduced. The effectiveness of such technologies is uncertain and they are scientifically controversial. Combatting Eutrophication in the Baltic Sea: Legal Aspects of Sea-Based Engineering Measures explores a number of legal issues under international, European and national law raised by such 'sea-based measures' aimed at improving the environment of the Baltic Sea. In the absence of a legal framework for the measures, the work also represents a case study in how international environmental law operates when general environmental law principles represent the main legal source available. It is concluded that in view of the scientific uncertainty surrounding the technologies, such principles do not offer sufficient guidance to national permit authorities who will ultimately decide on the matter.
The Baltic Sea is unique with regard to its geography, climate and environment. Its uniqueness is also reflected in policy and governance. The book examines the regulation of the Baltic Sea from different perspectives, including navigation, the protection of the marine environment, fisheries, marine scientific research and future challenges for the law of the sea in the Baltic Sea. The book thus also represents a maritime case study of how international, European and national laws interact in the Baltic Sea Region.
This book offers a comprehensive international law analysis of the European Uniona (TM)s maritime safety legislation. This is a relatively novel field of activity of the EU, but its development has been very rapid. Since 1993, over 40 acts of EU law have been adopted, dealing with a variety of subjects, such as port State control, classification societies, vessel traffic management, ship construction, environmental protection and pollution sanctions. This legislation is analysed from the point of international law, notably the law of the sea and the international maritime conventions. Regional legislation in a field that is traditionally regulated primarily by means of international conventions is bound to create tensions with the related international conventions and with well-established principles of international law. This study assesses how the EU has acted as a flag State, port State and coastal State and measures the trends in this development against the international legal framework. More detailed legal analyses are offered for specific aspects of EU legislation that are considered to be particularly interesting from an international law point of view. The relationship between EU law and international law within the internal EU legal system is also analysed from the specific perspective of maritime safety law.
For developing countries, a stable and secure supply of electricity is crucial for development, and for their populations' well-being. Since the early 1990s, the main mechanism for constructing power generation facilities in developing countries has been the independent power project (IPP) model, where a foreign investor enters into long term investment contracts with the national utility. This model has succeeded in attracting investment, but raises complex regulatory and contractual challenges in addition to public concerns. This book - drawing on project contracts, the author's interview sources, case law and literature - analyzes in detail the legal investment protection used by IPP investors to ensure sufficient returns and protect their contracted revenue stream. The author examines how the model's corporate / financial structure interlocks with strong contractual rights and with a number of measures used to improve the host country's creditworthiness in the short and long term (including investment guarantees).The second part of the book identifies that the IPP model normally leads to six main consequences for the host developing country: The IPP model has led to private investment, which has increases reliability, modernization and introduced private standards; It contains an intrinsic structural weakness in times of economic downturns; It has shown a tendency to lead to overinvestment in generation capacity; It has shown a tendency to lead to expensive and suboptimal solutions regarding choice of design and technology; The model (and its institutional surroundings) contains insufficient disincentives against moral hazard and exploitative behavior (including corruption); and The IPP model does not facilitate a further development of the host country's power sector. The author argues that these consequences for development can be improved without detrimentally compromising the private sector's willingness to continue to invest. While pursuing this analysis, the author also explores such issues as the following: ; the web of parties and contracts constituting the IPP model, including the model's risk allocation; an analysis of political risk, including to what extent foreign investors also are protected against commercial and credit risks; the competing needs of predictability and flexibility in long term contracts; how investment arbitration tribunals have reacted both to the change in macroeconomic circumstances caused by the East Asian Crisis of 1997-98, and to numerable and credible allegations of corruption during procurement identification of factors reducing, or increasing, the IPP model's tendency to fail during severe economic recessions
New technologies are being introduced to address the eutrophication of the Baltic Sea. By removing or chemically treating the seabed sediments, or by mechanically increasing oxygen levels in the deep sea, it is hoped that leakage of phosphorus from the seabed can be reduced. The effectiveness of such technologies is uncertain and they are scientifically controversial. Combatting Eutrophication in the Baltic Sea: Legal Aspects of Sea-Based Engineering Measures explores a number of legal issues under international, European and national law raised by such 'sea-based measures' aimed at improving the environment of the Baltic Sea. In the absence of a legal framework for the measures, the work also represents a case study in how international environmental law operates when general environmental law principles represent the main legal source available. It is concluded that in view of the scientific uncertainty surrounding the technologies, such principles do not offer sufficient guidance to national permit authorities who will ultimately decide on the matter.
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