The core function of UNCLOS is to provide a legal order for the oceans and their peaceful uses. This includes providing a legal framework for upholding law and order at sea, as this is a precondition for peaceful use. Part One of this volume deals with different perspectives of upholding law and order at sea; and Chapter 2 creates a backdrop for the following chapters dealing with these various issues. The chapter presents some perspectives on the system of law and order at sea and sets the following chapters in context with themes such as the scope of UNCLOS and its limitations, the adaptability of the convention to new developments, the role of the zonal system created under the convention and the influence of state practice on the system of upholding law and order at sea. By doing so, Chapter 2 also creates a line to the following parts of this volume; and some of the perspectives raised in Chapter 2 will be revisited in the final part (Part Four) of this volume, dealing with UNCLOS as a system of regulation and connected methodologies.
This introductory note examines the development at the International Tribunal for the Law of the Sea for the year 2020. While there was no judgment in 2020, proceedings of two cases, the M/T “San Padre Pio” (No. 2) Case (Switzerland/Nigeria) and the Dispute Concerning Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives), continue. Accordingly, this note discusses the issues of the two pending cases. Furthermore, there were some important events regarding the Tribunal in 2020. Among other things, this note focuses on an adoption of a Model Agreement between ITLOS and Singapore, the election of the seven members of the Tribunal, and amendments of the Rules of the Tribunal.
A new motivation for marine restoration has been observed, associated with the dissatisfaction with current marine restoration governance arrangements (MRGAs). An MRGA consists of alliances of public and private actors (coalitions) who, through their common conceptualisation of the problem (discourses), try to influence and design marine restoration activities while considering the rules of decision-making, and the management of limited resources. Emerging MRGAs rise in parallel to existing ones and aim to contribute to the same goals or show another way of reaching those goals. This phenomenon raises questions of legitimacy both for the emerging and the existing arrangement. Building on existing literature, this paper proposes an analytical framework to simultaneously explore input, throughput and output legitimacy as three essential pre-conditions of legitimacy for MRGAs. The framework is tested in three European cases of MRGAs that were part of the European Union MERCES project (http://www.merces-project.eu/). Analysis showed that actors who are influential in achieving restoration goals, and also those who are impacted by restoration actions, should be involved in the MRGAs (input legitimacy); actors within MRGAs should establish and follow procedures for decision-making that are both transparent and clear (throughput legitimacy); and actors within MRGAs need to establish a common understanding of restoration, of the goal to reach and of the related uncertainties (output legitimacy). Awareness of these pre-conditions allows actors internal and external to MRGAs to address aspects that give legitimacy to restoration actions. It also creates a language that allows actors to engage in discussion on legitimacy that goes beyond the mere application of the rule of law.
The increasing role of offshore wind power plants in the electricity generation mix in Turkey raises some critical grid operation issues. In this context, the grid code regulation concerning the penetration of large-scale offshore wind power plants into Turkey's power system has become a prominent factor in the development of a reliable grid operation. In this paper, a comprehensive benchmark for grid codes of the European countries that have large-scale offshore wind power plants and Turkey is performed by considering voltage regulation, frequency regulation, fault ride-through, and power quality features. The compatibility of the grid codes in terms of the minimum technical requirements is discussed to show the pros and cons. An elaborate assessment of the Turkish grid code reveals the technical properties that need to be improved. The rigorous state-of-the-art review indicates that active power control & frequency regulation, reactive power control & voltage regulation, and voltage ride-through capabilities should be clarified in detail for the Turkish grid code. With this background, various recommendations, key challenges, and future trends related to the improvement of technical requirements for the Turkish grid code for the integration of offshore wind power plants are highlighted to help researchers, plant owners, and system operators.
The International Maritime Organization (IMO) has recently adopted short-term measures introducing technical standards for existing ships and a labeling system reflecting their operational carbon intensity. This paper investigates the relevant techno-economic implications from a shipowner's perspective and estimates the effect of six compliance options on six sample containerships. The study applies a new evidence-based bottom-up approach, and the results show that compliance, when possible, is not straightforward and costly. Engine power limitation is the most cost-effective option, but low power limits can lead to substantially increased sailing times (up to 793.92 h/year), which can be prohibitive. The option favors older ships with oversized engines as its effectiveness is mainly determined by the main engine load profile. In general, the effectiveness of the measures is not without limits, particularly concerning older ships and those that have already installed several options. Solutions such as market-based measures and alternative fuels, classed by IMO as medium- and long-term measures, must be considered soon.
The paper focuses on the impacts of the inclusion of the maritime sector in the EU Emissions Trading System (ETS). The enforcement of a regional Market-Based Measure (MBM) such as the EU ETS may provide financial incentives to shipping operators to reconfigure their networks and avoid voyages inside the European Economic Area (EEA). This paper investigates the risk of container vessels engaging in evasive port calls by replacing EEA transshipment hubs with nearby non-EEA competitors. We perform a cost-benefit analysis that calculates the cost of EU Allowances (EUAs) for several international services and compares it with a relocation scenario. Our case studies focus on the Piraeus-Izmir and the Algeciras-Tanger Med scenarios and identify the EU carbon price turning point that will render the switch of the transshipment hubs a cost-effective choice for the operator. The results show that the preference of a non-EEA hub will become attractive for carbon prices well below 25 EUR per metric ton of CO2. Further, in all cases, the hub switch results in a rise in the overall carbon emissions attributed to the service which amplifies the risk of carbon leakage. Our results show that the relocation would lead to revenue loss for the EU ETS and penalization of the EEA transshipment hubs in close proximity with hubs outside the EEA, thus posing a threat to their economic activity and development.
This article develops a micro-level theoretical perspective of business influence in international negotiations. By drawing on organizational institutional theory, the article proposes that site-specific institutionalized norms can structure the nature and extent of business power. The article illustrates the value of this perspective through an illustrative case study of the International Maritime Organization (IMO) through interviews and participant observation of on-site dynamics during negotiations on environmental shipping regulation. The article shows how, in the case of the IMO, specific institutionalized norms and beliefs structure private actors’ possible influence and their claims to authority. In particular, strongly held beliefs about the nature of political deliberation in the IMO both constrain and enable business interests, sometimes overriding the general structural power of the shipping industry. This research implies that future scholarship of business power and lobbying should be attentive to specific institutionalized ideas structuring business actors’ range of legitimate activities, in particular in international institutions where individual negotiation sites can develop idiosyncratic norms and beliefs about the legitimacy of private actor participation.
Fishing is a human activity with various social and economic implications. In most countries, those implications are key factors to consider when deciding on specific management strategies. In this report, the fisheries management strategies implemented in the different European marine regions are reviewed, and relevant indicators, models and tools that can be used to predict the effectiveness of these strategies, from a social and economic point of view are identified. The objective was to identify the critical social and economic aspects of fisheries, relevant social and economic indicators, and regionally-relevant management measures to be considered in the evaluations of different management strategies later in the project.
The scoping consultations and systematic reviews identified a long list of potentially relevant key social and economic aspects and management measures. Among these, the most frequently mentioned items identified in scoping with stakeholders were windfarms, employment/jobs, MPAs, food supply, small-scale fisheries, local communities and pollution. The systematic review identified landings (volume or value), effort (days at sea), fuel costs, number of vessels, profit, aspects of costs, economic performance, sustainability-resilience, compliance and capacity as frequently occurring topics. The fisheries management policies most frequently mentioned were effort control, landing obligation, Individual Transferable Quota (ITQ), MPAs and TAC. Among the papers analyzed, more than 30%, concerned the Mediterranean region, followed by Western Waters, the North Sea and the Baltic Sea, indicating a higher contribution of Mediterranean studies to the conclusions.
Aspects identified frequently in both scoping and in systematic reviews included MPAs and small-scale fisheries, which were all identified in both methods as frequently occurring. However, there were also aspects which appeared to be represented differently in the evaluations (e.g. employment and local communities) indicating discrepancies between the available knowledge and that sought by the end users.
The problem of marine litter represents a significant global challenge and illustrates the harmful consequences of an economic model that is based on disposability. The seafood sector is not only among the culprits, but is also among the most affected by this threat to the marine environment. Earlier research has pointed to fishing gear take-back schemes as a measure to mitigate the problem, and policymakers have embraced the idea. The Norwegian scheme for beverage containers has been hailed as a benchmark for the application of Extended Producer Responsibility. Through the lens of business ecosystems, we draw parallels between the existing take-back scheme for beverage containers and the latent system for fishing gear to answer the question: “What would it take to establish a take-back scheme for fishing gear?” We elaborate upon four factors that are well established for beverage container take-back schemes, but lacking or unclear in the case of fishing gear: (i) politico-institutional support, (ii) the system's value proposition, (iii) the system integrator, and (iv) operational factors (i.e., a network of collection points and procedures, and material variety and complexity). Our findings highlight that when innovations are not based on the usual market mechanisms, unconventional conceptualizations of value itself and how value is mapped and distributed are required. Meaningful engagement of the private sector depends upon either explicit articulation of value capture or policy instruments to enforce responsibility; both are currently either unclear or lacking in the context of fishing gear.
The pressure on shipping to reduce its carbon footprint is increasing. Various measures are being proposed at the International Maritime Organization (IMO), including MarketBased Measures (MBMs). This paper investigates the potential of a bunker levy in achieving short-term CO2 emissions reductions. The analysis focuses on the tanker market and uses data from the latest IMO GHG studies and a variety of other sources. The connection between fuel prices and freight rates on the one hand and vessel speeds on the other is investigated for the period 2010-2018. A model to find a tanker’s optimal laden and ballast speeds is also developed and applied to a variety of scenarios. Results show that a bunker levy, depending on the scenario, can lead to short-term CO2 emissions reductions of up to 43%. Policy implications are also discussed, particularly vis-à-vis recent IMO and European Union (EU) action on MBMs.