The International Law on Ballast Water: Preventing Biopollution

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Martinus Nijhoff Publishers, 2008 - Law - 401 pages
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"The introduction of invasive marine species into new environments, whether by shipsa (TM) ballast water, attached to shipsa (TM) hulls or via other means has been identified as one of the four main threats to the worlda (TM)s oceans, along with land-based sources of marine pollution, over-exploitation of living marine resources and the physical alteration or destruction of marine habitat. Increased trade and the consequent greater volumes of maritime traffic over the last few decades have served to fuel the problem. The effects in many areas of the world have been serious and significant. Quantitative data show that the rate of bio-invasions is continuing to increase, in some cases exponentially, and new areas are being found to be invaded all the time. As volumes of seaborne trade continue overall to increase, the problem may not yet have reached its peak. In response, IMO first adopted Guidelines for Preventing the Introduction of Unwanted Organisms and Pathogens from Ships' Ballast Water and Sediment Discharges in 1991; while the United Nations Conference on Environment and Development (UNCED), held in Rio de Janeiro in 1992, recognized the issue as a major international concern. The IMO Guidelines have since been kept constantly under review and updated. Subsequently, in February 2004, the International Convention for the Control and Management of Shipsa (TM) Ballast Water and Sediments was adopted. In providing a broad overview of the legal aspects related to marine pollution caused by ballast water and tank sediments, this book offers a pragmatic analysis of the current international legal system, and includes principles of international customary law and also references to a comprehensive environmental treaty law framework which relates the Ballast Water Convention to other treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), MARPOL and the Convention on Biological Diversity. With such a wide-ranging approach, this book will certainly provide a source of valuable information for all those with a requirement to pursue the subject in depth." From the Foreword by "Efthimios E. Mitropoulos."

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About the author (2008)

Maria Helena F. S. Rolim, Ph.D., has worked as invited researcher at the Space Policy Institute, Washington, USA. She has been legal consultant of the United Nations for over 18 years, in particular at the International Maritime Organization (IMO), as the Brazilian local legal adviser under the GloBallast Programme, Food and Agricultural Organization (FAO) and the World Bank. She is former professor of International Law at the Faculty of Law of the University of S o Paulo and former invited associate professor and researcher in Law of the Sea at the Scandinavian Institute of Maritime Law, Oslo University, Norway. She has been member of the Brazilian delegation at the United Nations (Committee for the Peaceful Uses of Outer Space (COPUOS) and IMO) and received a Brazilian Navy Award Medal for her collaboration and concern with respect to the protection of the oceans. She has published extensively on the Law of the Sea and on Space Law, as the Brazilian legal adviser for the Brazilian International Space Station Programme, in tandem with NASA.

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