Application of port state control as a mechanism for enforcement of rules of international legal regime in marine protected areas in areas beyond national jurisdiction
Journal Title: Альманах міжнародного права - Year 2018, Vol 20, Issue
Abstract
In the article, the author studies the perspectives for applying the port state control as a mechanism for enforcement of rules of international legal regime in marine protected areas in areas beyond national jurisdiction, which will be designated according to future global international agreement in the sphere of protection of marine environment. This international agreement is now being developed under the supervision of the United Nations Organization and its Preparatory com- mittee. In spite that the question of enforcement the agreement’s rules is essential for its effectiveness, until now the Preparatory committee hasn’t proposed any provision concerning this issue. The au- thor proposes to add respective provisions to the future international agreement and to resolve the issue of inability to provide enforcement of its provisions. In order to decide if it is possible to apply port state control the author researches if there is a proper legal basis for such application in existing international agreements. Also the author studies experience of application of port state control on frames of such regional fisheries management organizations/agreements as Northwest Atlantic Fish- eries Organization, North East Atlantic Fisheries Commission and Convention for the Conservation of Antarctic Marine Living Resources. The author comes to conclusion that application of port state control in frames of future global international agreement in the sphere of protection of marine en- vironment in areas beyond national jurisdiction is possible and well-timed.
Authors and Affiliations
Б. А. МЕЛЬНИКОВИЧ
Keywords
Related Articles
- EP ID EP658171
- DOI -
- Views 123
- Downloads 0
“Soft” international law on international cooperation in science and technology
The article is devoted to such forms of “soft” international law as decisions of international intergovernmental organizations and conferences and their provisions about international cooperation in science and technolog...
Dynamic interpretation of fundamental human rights and freedoms in the European Convention on Human Rights
The guarantees enshrined in the European Convention on Human Rights are a minimum standard. The European Court of Human Rights doesn’t define, how exactly the States must secure these rights. Thus, the member States en...
International legal nature of the principle of ex aequo et bono
The article examines the history of origin ex aequo et bono. The author examines the influence of the main features of the ancient period to the establishment of the principle, as a principle of natural law. It is prov...
Problems and perspectives of improving the international legal regime of navigation on the Dnieper River
The article considers the issue of renewal a unified treaty regime of ships passage along the Dnieper River, which has lime-rich water-transport infrastructure. Appropriateness of conclusion between Russian Federation, B...
Practice of the European Court of human rights concerning violation of the right of confrontation and problemming of the implementation of article 6 (d) in Ukraine's criminal proceedings
The article deals with the problems of realization of pp. d p 3 p. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, incl. in the criminal proceedings of Ukraine. It is noted that t...