A tension between two opposing forces, that is, the force of division and that of unity, is increasingly sharpened in the law of the sea today. An essential question that arises is how one can protect community interests in the divided ocean. The law of dédoublement fonctionnel advocated by Georges Scelle provides an insight into this question. According to Scelle’s theory of the law of dédoublement fonctionnel, State organs perform a dual function: the national function of protecting State interests and the public service function of safeguarding community interests. The law of dédoublement fonctionnel seeks to reconcile these functions. Scelle’s harmonistic vision of international law is well worth reconsidering in the law of the sea and beyond. This article examines the relevance of Scelle’s theory in the context of the law of the sea and explores two models for the protection of community interests at sea.
The BBNJ Agreement will affect legal frameworks for the conservation of marine biological diversity in various regions of the world ocean and the marine Arctic is no exception. As biological diversity in the marine Arctic is particularly vulnerable, the implications of the BBNJ Agreement for the conservation of biological diversity in the marine Arctic deserves serious consideration. Of particular note is the procedure for an environmental impact assessment (EIA). Given that damage to the environment may be irreversible, it is a prerequisite to conduct an EIA before authorizing planned activities, with a view to preventing environmental harm. An EIA constitutes a crucial element in the conservation of the marine environment, including biological diversity. Hence, this article examines the potential implications of the procedure for an EIA as set out under the BBNJ Agreement for the conservation of biological diversity in the marine Arctic beyond national jurisdiction.
The aim of this article is to examine the implications of environmental norms for fishing by analysing the South China Sea and Chagos Marine Protected Area cases. In so doing, the article considers the link between the regulation of fishing and the protection of marine biological diversity. Specifically, three issues are to be examined: (1) the implications of Articles 192 and 194(5) of the UN Convention on the Law of the Sea for the regulation of environmentally harmful fishing, (2) the implications of Article 194 of the Convention for the fishing rights of a state, and (3) balance between environmental considerations and the fishing rights of a state. In this connection, the article argues that environmentally harmful fishing can be regarded as a key concept when considering the regulation of fishing from the viewpoints of marine environmental protection.
Although the existing literature identifies a fuel levy imposed by means of a global agreement as the most efficient policy for carbon pricing in the maritime sector, scholars and policy makers have debated the possibility for regional measures to be introduced in case a global agreement cannot be achieved. This debate has highlighted several economic, legal, and political challenges that the implementation of an efficient and effective regional scheme would have to face. This article compares the relative performance of various regional measures for carbon pricing based on the following criteria: jurisdictional basis, data availability, environmental effectiveness and avoidance strategies, impact on competitiveness, differentiation for developing countries, and incentives for reaching a global agreement. The main finding is that, if carefully designed, a cargo-based measure that covers the emissions released throughout the whole voyage to the cargo destination presents various advantages compared with other regional carbon pricing schemes. These advantages have been largely ignored in the literature.
The regulation of greenhouse gas emissions from international shipping is becoming a matter of increasing concern. Two issues arise in particular. The first issue concerns the elaboration of rules on this subject. In this regard, Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL), amended in 2011, constitutes a key instrument because it was the first legally binding climate change instrument since the Kyoto Protocol. The second issue relates to effective compliance with relevant rules. While the flag State has the primary responsibility to implement relevant rules concerning the regulation of greenhouse gas emissions from international shipping, the flag State responsibility alone is inadequate to secure effective compliance with relevant rules. Thus, there is a need to examine the question whether and to what extent coastal and port States can regulate greenhouse gas emissions from vessels in international law. This article seeks to address these two issues. The article concludes that while port States can perform a valuable role in effectuating global rules provided in MARPOL Annex VI, port State control encounters several challenges. Thus, securing compliance with relevant rules should be an important issue in the regulation of greenhouse gas emissions from international shipping.
The power system of an all-electric ship (AES) establishes an independent microgrid using the distributed energy resources, energy storage devices, and power electronic converters. As a hybrid energy system (HES), the power system of an AES works as a unified system where each part can affect the reliability of the other parts. The systemic reliability centered maintenance (SRCM), which efficiently enhances the reliability and safety of the AES by identifying optimal maintenance tasks of the AES, is considered in this article to apply to the entire system. In order to calculate the reliability and optimal maintenance schedule, the Markov process and Enhanced JAYA (EJAYA) are utilized. A layer of protection analysis (LOPA), which is a risk management technique, is adopted to assess the safety of the system. A hybrid molten carbonate fuel cell, photovoltaic (PV), and lithium-ion battery are considered as energy sources of the AES. Based on two common standards, DNVGL-ST-0033 and DNVGL-ST-0373, the suggested maintenance planning method can be used in industrial applications. Eventually, in order to validate the proposed method, a model-in-the-loop real-time simulation using dSPACE is carried out. The obtained results show the applicability and efficiency of the proposed method for improving reliability and safety.
The importance of reliable battery energy storage systems (BESS) is key to the sustainability of many applications such as renewable power, smart grids, and electric vehicles (EVs). Due to decreasing cost and maturing technology, the Li-ion batteries are now widely used for grid-level storage, grid support for improved power quality, integration with photovoltaic systems, and EV applications. A Li-ion battery pack typically comprises Li-ion cells connected in a suitable combination of series and parallel structure. A battery management system (BMS) is required for charging and discharging, monitoring the current and voltage of each cell or string, battery protection, and temperature control. The system's reliability depends on the BESS reliability and is affected by many factors, including temperature, C-rate, DOD. This research aims to improve BESS reliability by using accurate lifetime modelling for various BMS and converter topologies to identify real-time BESS health and ensure reliability through a suitable control strategy. In particular, the reliability of the BESS for centralized, modularised, distributed, and decentralized topology will be explored along with its cost-reliability trade-off. I will focus on control strategies for optimizing BESS reliability for different applications.
The European fisheries management is currently undergoing a fundamental change in the handling of catches of commercial fisheries with the implementation of the 2013 Common Fisheries Policy. One of the main objectives of the policy is to end the practice of discarding in the EU by 2019. However, for such changes to be successful, it is vital to ensure stakeholders acceptance, and it is prudent to consider possible means to verify compliance with the new regulation. Remote Electronic Monitoring (REM) with Closed-Circuit Television (CCTV) has been tested in a variety of fisheries worldwide for different purposes and is currently considered as one possible tool to ensure compliance with a European ban on discards.
This study focuses on Danish fishery inspectors and on fishers with REM experience, whose opinions are less well known. Their views on the landing obligation and on the use of REM were investigated using interviews and questionnaires, and contrasted to some fishers without REM experience. 80% of fishery inspectors and 58% of REM-experienced fishers expressed positive views on REM. 9 out of 10 interviewed fishers without REM experience were against REM. Participation in a REM trial has not led to antipathy towards REM. Fishery inspectors saw on-board observers, at-sea control and REM as the three best solutions to control the landing obligation but shared the general belief that the landing obligation cannot be enforced properly and will be difficult for fishers to comply with. The strengths and weaknesses of REM in this context are discussed.
Manufacturing in high-income countries is on the decline and Denmark is no exception. Manufacturing employment and the number of firms have been shrinking as a share of the total and in absolute levels. This paper uses a rich linked employer-employee dataset to examine this decline from 1994 to 2007. We propose a different approach to analyze deindustrialization and generate a series of novel stylized facts about the evolution. While most of the decline can be attributed to firm exit and reduced employment at surviving manufacturers, we document that a non-negligible portion is due to firms switching industries, from manufacturing to services. We focus on this last group of firms before, during, and after their sector switch. Overall this is a group of small, highly productive, import intensive firms that grow rapidly in terms of value-added and sales after they switch. By 2007, employment at these former manufacturers equals 8.7 percent of manufacturing employment, accounting for half the decline in manufacturing employment. We focus on the composition of the workforce as firms make their transition. In addition, we identify two types of switchers: one group resembles traditional wholesalers and another group that retains and expands their R&D and technical capabilities. Our findings emphasize that the focus on employment at manufacturing firms overstates the loss in manufacturing-related capabilities that are actually retained in many firms that switch industries.
This paper presents a detailed risk assessment framework tailored for retrofitting ship structures towards eco-friendliness. Addressing a critical gap in current research, it proposes a comprehensive strategy integrating technical, environmental, economic, and regulatory considerations. The framework, grounded in the Failure Mode, Effects, and Criticality Analysis (FMECA) approach, adeptly combines quantitative and qualitative methodologies to assess the feasibility and impact of retrofitting technologies. A case study on ferry electrification, highlighting options like fully electric and hybrid propulsion systems, illustrates the application of this framework. Fully Electric Systems pose challenges such as ensuring ample battery capacity and establishing the requisite charging infrastructure, despite offering significant emission reductions. Hybrid systems present a flexible alternative, balancing electric operation with conventional fuel to reduce emissions without compromising range. This study emphasizes a holistic risk mitigation strategy, aligning advanced technological applications with environmental and economic viability within a strict regulatory context. It advocates for specific risk control measures that refine retrofitting practices, guiding the maritime industry towards a more sustainable future within an evolving technological and regulatory landscape.