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Evolution Of The International Law On Biopollution

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Chapter Summary

This chapter reviews the development of the international legal framework regarding the prevention of pollution and biopollution of the marine environment and the impact of such corpus juris on the structure and teleology of the 2004 Ballast Water Management (BWM) Convention. It reviews the application of rules and principles found in customary law that are relevant to the control and management of ships ballast water and sediments. They include the freedom of the high seas and the obligation to prevent transboundary pollution. The evolution of treaty law on the control and management of ships ballast water and sediments, from sanitary to maritime law and the further interconnections with the law of the sea and environmental law are also examined. The requirements and obligations in international conventions to prevent pollution or biopollution, and the States jurisdiction to regulate vessel-source pollution are highlighted.

Keywords: Ballast Water Management (BWM) Convention; biopollution; customary international law; environmental law; law of the sea; marine environment; maritime law; sediments; vessel-source pollution

10.1163/ej.9789004166523.i-402.16
/content/books/10.1163/ej.9789004166523.i-402.16
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