| Foreword | p. xv |
| Preface | p. xvii |
| Table of Conventions | p. xix |
| Table of European Union Instruments | p. xxiv |
| Table of IMO Resolutions and Guidelines | p. xxvi |
| Table of Miscellaneous Instruments | p. xxix |
| Table of Domestic Legislation | p. xxx |
| Table of Cases (International Courts and Tribunals) | p. xxxi |
| Abbreviations | p. xxxii |
| The Regulation of Vessel-Source Pollution in its Eco-Political Context | |
| Vessel-Source Pollution, the Ecological Imperative and the Compliance Problem | p. 3 |
| Overview | p. 3 |
| Regulating the Sources of Marine Pollution | p. 10 |
| Whither the Freedom of Navigation? | p. 17 |
| Technical Issues and Jurisdiction over Ships | p. 19 |
| Outline of Analysis | p. 25 |
| The Dynamics of the Law-Making Process: Actors, Arenas and Interests | p. 29 |
| Overview | p. 29 |
| Key Actors in the Decision-Making Process | p. 34 |
| The Maritime Interests | p. 34 |
| The Shipowners and Operators | p. 34 |
| The Cargo Owners and Charterers | p. 38 |
| The Protection and Indemnity (P&I) Clubs and the Marine Insurers | p. 40 |
| The Classification Societies | p. 43 |
| The Military Interests | p. 46 |
| The Flag States and Open Registries | p. 47 |
| States with Maritime Interests | p. 62 |
| The Coastal/Environmental Interests | p. 67 |
| The Environmental Non-Governmental Organisations | p. 67 |
| Public Opinion and Media Reaction | p. 69 |
| States with Coastal Interests | p. 71 |
| The Developing Countries | p. 73 |
| Major Arenas for Decision-Making | p. 75 |
| International Fora: The International Maritime Organization (IMO) | p. 75 |
| IMO's Initial Years | p. 75 |
| The Constitutive Structure of IMO | p. 76 |
| IMO and Maritime Conventions | p. 77 |
| International Fora - United Nations Bodies and Specialised Agencies | p. 80 |
| Regional Fora | p. 83 |
| Legal and Political Developments in Europe | p. 83 |
| Memoranda of Understanding (MOUs) on Port State Control | p. 90 |
| Domestic Fora - Agitation Within States | p. 94 |
| Marine Pollution Regulation and the Interplay of Interests | p. 98 |
| The Relative Capacities of the Relevant Actors | p. 98 |
| The Contemporary Political Dynamics at IMO | p. 102 |
| Vessel-Source Pollution and the International Legislative Process | |
| Vessel-Source Pollution and Regime Formation | p. 107 |
| Pollution Control Standards and Reception Facilities | p. 107 |
| Early Regulatory Efforts | p. 107 |
| The OILPOL Regime and the Load-On-Top (LOT) System | p. 110 |
| MARPOL 73 | p. 126 |
| Annex I and Segregated Ballast Tanks (SBTs) | p. 126 |
| Annexes II to V | p. 132 |
| MARPOL 73/78 and Crude Oil Washing (COW) | p. 133 |
| The Double Hull Requirement | p. 139 |
| The Exxon Valdez and the 1992 Amendments | p. 139 |
| The Erika and the 2001 Amendments | p. 147 |
| The Prestige and the 2003 Amendments | p. 150 |
| Air Pollution from Ships | p. 155 |
| Anti-Fouling Systems and Tributyl Tin (TBT) Contamination | p. 162 |
| Harmful Aquatic Organisms and Ballast Water Management | p. 169 |
| Conclusion | p. 174 |
| Jurisdiction over Vessel-Source Marine Pollution | p. 176 |
| The Concept of 'Jurisdiction' in Marine Pollution | p. 176 |
| Early Attempts to Extend Coastal State Jurisdiction | p. 181 |
| Jurisdiction under the MARPOL Regime | p. 184 |
| Prescriptive Jurisdiction under MARPOL 73 | p. 184 |
| Enforcement Jurisdiction under MARPOL 73 | p. 187 |
| The 1978 MARPOL Protocol | p. 191 |
| The 1982 UN Conference on the Law of the Sea (UNCLOS III) | p. 192 |
| The Law of the Sea Convention (LOSC) and Part XII on the Marine Environment | p. 192 |
| The Allocation of State Jurisdiction under the LOSC | p. 201 |
| Flag State Jurisdiction | p. 201 |
| Coastal State Jurisdiction | p. 204 |
| Port State Jurisdiction | p. 217 |
| Conclusion | p. 222 |
| Implementation and Compliance | p. 230 |
| Overview | p. 230 |
| Ratification, Incorporation into Domestic Law and Implementation | p. 232 |
| The Enforcement Obligations of States | p. 236 |
| Pollution Control Standards and State Enforcement Records | p. 236 |
| Discharge vs. Equipment Standards | p. 236 |
| State Enforcement of Pollution Control Standards | p. 239 |
| The Provision of Waste Reception Facilities in Ports | p. 251 |
| Reporting on Implementation Activities | p. 269 |
| Reporting on the Provision of Reception Facilities | p. 269 |
| Reporting on Enforcement Action | p. 273 |
| Conclusion | p. 282 |
| Liability and Compensation | p. 286 |
| Overview | p. 286 |
| The 1969 Civil Liability Convention (CLC 69) | p. 288 |
| Developments Preceding CLC 69 | p. 288 |
| The 1969 Brussels Conference | p. 293 |
| The 1971 Fund Convention (FUND 71) | p. 300 |
| Developments Preceding FUND 71 | p. 300 |
| The 1971 FUND Conference | p. 302 |
| Amendments to TOVALOP/CRISTAL and CLC/FUND | p. 309 |
| Revising the Industry Initiatives | p. 309 |
| Developments Preceding the 1984 Conference | p. 311 |
| The 1984 IMO Conference | p. 313 |
| Further Revision of TOVALOP and CRISTAL | p. 315 |
| Liability and Compensation in the United States | p. 318 |
| The Exxon Valdez and Developments Preceding OPA-90 | p. 318 |
| Implications of OPA-90 | p. 322 |
| The 1992 Protocols to the CLC and FUND Conventions | p. 327 |
| Pollution by Hazardous and Noxious Substances (HNS) | p. 334 |
| Pollution by Bunker Fuel Oils | p. 339 |
| The Liability and Compensation Regimes: Concluding Analysis | p. 342 |
| The Future of Regulation | |
| Challenges and Prescriptions | p. 347 |
| Improving Institutional Responses | p. 347 |
| Pro-active Rule-Making by IMO | p. 348 |
| Prompt Entry into Force for Conventions | p. 351 |
| Ensuring Effective Enforcement and Compliance | p. 355 |
| Market Discrimination Against Sub-standard Shipping | p. 356 |
| Liability of Non-Owner Interests | p. 358 |
| Return of the Developed State Flags | p. 363 |
| Tightening Flag State Obligations | p. 365 |
| Enhancing Port State Control | p. 367 |
| Enforcement Powers for IMO | p. 369 |
| Enhancing Equity in Representation and Responsibilities | p. 373 |
| Reforming IMO | p. 374 |
| Institutional and Financial Equity | p. 374 |
| Discipline in Agenda-Setting | p. 376 |
| States and the Provision of Reception Facilities | p. 378 |
| The Cargo Interests and Burden-Sharing | p. 379 |
| Shipowners and Intra-Industry Co-operation | p. 381 |
| Final Thoughts | p. 383 |
| Bibliography | p. 385 |
| Index | p. 404 |
| Table of Contents provided by Ingram. All Rights Reserved. |
