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| Foreword | |
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| Foreword | |
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| Preface | |
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| Acknowledgements | |
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| Abbreviations | |
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| Introduction | |
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| Biopollution and Ballast Water | |
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| Introduction | |
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| Definitions and Use of Terms | |
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| Scientific Aspects on Biopollution (Erkki Leppakoski) | |
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| From Pollution to Biopollution of the Marine Environment | |
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| Resolutions, Declarations and Principles | |
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| Treaties | |
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| Conclusion | |
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| Evolution of the International Law on Biopollution | |
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| Introduction | |
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| Customary International Law | |
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| Material Element of Customary Rules and State Practice | |
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| Subjective Element (Opinio juris sive necessitatis) | |
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| Customary International Law and Ballast Water | |
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| Conclusions Regarding Customary International Law | |
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| Treaty Law | |
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| International Health Regulations | |
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| International Convention for Prevention of Pollution from Ships | |
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| United Nations Convention on the Law of the Sea | |
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| Convention on Biological Diversity | |
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| Conclusions Regarding Treaty Law | |
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| Conclusion | |
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| IMO and Codification of the International Law on Ballast Water Management | |
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| The IMO and its Treaty-making Procedures (Gaetano Librando) | |
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| Safety Conventions | |
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| Pollution Prevention Conventions | |
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| Legal Treaties | |
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| Adopting a Convention | |
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| Entry into Force | |
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| The IMO Resolutions | |
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| Introduction | |
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| Juridical Nature of Resolutions of International Organizations | |
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| Juridical Nature of the IMO Resolutions on Ballast Water | |
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| The IMO Resolutions on Ballast Water and National Law | |
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| The Evolution of the IMO Resolutions on Ballast Water | |
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| Resolution 18, Research into the Effect of Discharge of Ballast Water Containing Bacteria of Epidemic Diseases (31 October 1973) | |
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| IMO Assembly Resolution A.774(18), Guidelines for Preventing the Introduction of Unwanted Organisms and Pathogens from Ships' Ballast Water and Sediments Discharges (4 November 1993) | |
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| IMO Assembly Resolution A.868(20), Guidelines for the Control and Management Ship's Ballast Water to Minimize the Transfer of Harmful Aquatic Organisms and Pathogens (27 November 1997) | |
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| Conclusions Regarding the IMO Resolutions | |
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| The 2004 International Convention for the Control and Management of Ships' Ballast Water and Sediments | |
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| Introduction | |
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| Text | |
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| Application | |
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| Definitions | |
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| Principles | |
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| The Precautionary Principle | |
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| International Cooperation and Transfer of Technology | |
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| The No Harm Principle: Prohibition of Transboundary Pollution | |
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| Flag State Obligations and Jurisdiction | |
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| Obligations | |
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| Jurisdiction | |
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| Port and Coastal States Obligations and Rights | |
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| Sediment Reception Facilities | |
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| Communication of Information | |
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| Inspection | |
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| Protected Areas (Tier 2) | |
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| Procedures for Port State Control | |
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| Port and Coastal States' Jurisdiction | |
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| Annex | |
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| Section A - General Provisions | |
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| Section B - Management and Control Requirement for Ships | |
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| Section C - Special Requirement in Certain Areas | |
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| Section D - Standards for Ballast Water Management | |
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| Section E - Survey and Certification Requirements for Ballast Water Management | |
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| Guidelines | |
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| Entry into Force | |
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| Amendments | |
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| Dispute Settlement Provisions | |
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| Sovereignty and the BWM Convention | |
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| Conclusions Regarding the BWM Convention | |
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| Conclusion | |
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| GloBallast Legislative Review: Brazilian Case Study | |
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| Introduction | |
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| Unilateral Acts and Ballast Water | |
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| The Brazilian GloBallast Legislative Review | |
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| Executive Summary | |
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| Brazilian Legal Framework | |
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| Conclusions | |
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| Conclusion | |
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| Bibliography | |
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| Annexes | |
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| International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 | |
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| Guidelines required under the BWM Convention and adopted by IMO/MEPC Resolutions | |
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| Resolution MEPC.152(55), Guidelines for Sediment Reception Facilities (G1) | |
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| Guidelines on Ballast Water Sampling (G2) (pending) | |
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| Resolution MEPC.123(53), Guidelines for Ballast Water Management Equivalent Compliance (G3) | |
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| Resolution MEPC.127(53), Guidelines for Ballast Water Management and Development of Ballast Water Management Plans (G4) | |
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| Resolution MEPC.153(55), Guidelines for Ballast Water Reception Facilities (G5) | |
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| Resolution MEPC.124(53), Guidelines for Ballast Water Exchange (G6) | |
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| Resolution MEPC.162(56), Guidelines for Risk Assessment Under Regulation A-4 of the BWM Convention (G7) | |
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| Resolution MEPC.125(53), Guidelines for Approval of Ballast Water Management Systems (G8) | |
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| Resolution MEPC.126(53), Procedure for Approval of Ballast Water Management Systems that Make Use of Active Substances (G9) | |
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| Resolution MEPC.140(54), Guidelines for Approval and Oversight of Prototype Ballast Water Treatment Technology Programmes (G10) | |
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| Resolution MEPC.149(55), Guidelines for Ballast Water Exchange Design and Construction Standards (G11) | |
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| Resolution MEPC.150(55), Guidelines on Design and Construction to Facilitate Sediment Control on Ships (G12) | |
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| Resolution MEPC.161(56), Guidelines for Additional Measures Regarding Ballast Water Management Including Emergency Situations (G13) | |
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| Resolution MEPC.151(55), Guidelines on Designation of Areas for Ballast Water Exchange (G14) | |
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| Guidelines for Port State Control (pending) | |
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| Resolution MEPC.56/23 Guidelines for Ballast Water Exchange in the Antarctic Treaty Area | |
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| Guidelines for Flag State Surveys and Inspections (pending) | |
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| IMO Resolution A.868(20), 1997, Guidelines for the Control and Management of Ships' Ballast Water to Minimize the Transfer of Harmful Aquatic Organisms and Pathogens | |
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| Draft of National Legislation on Ballast Water | |
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| Index | |
