Regime Interaction and GAIRS
Gabriela Argüello
Abstract The prevention of pollution has a predominant sectoral approach that
could result in the transformation of one source pollution into another. This
Chapter addresses the role of General Accepted International Rules and Standards
(GAIRS) established in the United Nations Convention on the Law of the Sea
(UNCLOS) as a legal mechanism to avoid pollution transformation. Particularly,
the author discusses ship waste management while at sea and land.
This Chapter illustrates the role of GAIRS on the development cross-sectoral
policies regarding the Environmentally Sound Management (ESM) of wastes at port
reception facilities and integration of these facilities into national waste management
systems. These cross-sectoral policies are the result of the collaboration between the
International Maritime Organization (IMO) and the Conference of the Parties (COP)
to the Basel Convention on the Control of Transboundary Movement of Hazardous
Wastes and Their Disposal.
1 The Need for Normative Integration of Environmental
Media: The Ship Waste Case
Ship wastes are regulated in the wider context of the prevention and control of shipsource pollution. According to Article 211 of UNCLOS, States have the obligation
to prevent, reduce, and control ship-source marine pollution. Particular standards for
wastes generated due to day-to-day operations of vessels are governed by the
International Convention for the Prevention of Pollution from Ships 1973 as Modified by its 1978 Protocol (hereafter MARPOL). MARPOL regulates, among other
things, operational residues generated in: (a) machinery spaces; (b) cargo spaces; and
(c) living spaces of a ship. MARPOL is the most comprehensive regime dealing with
ship-source pollution, both operational and accidental. This instrument relates to the
prevention of “pollution of the marine environment by the discharge of harmful
G. Argüello (*)
University of Gothenburg, Gothenburg, Sweden
e-mail: gabriela.arguello@law.gu.se
© Springer Nature Switzerland AG 2020
P. K. Mukherjee et al. (eds.), Maritime Law in Motion, WMU Studies in Maritime
Affairs 8, https://doi.org/10.1007/978-3-030-31749-2_2
15
Gabriela Argüello
Abstract The prevention of pollution has a predominant sectoral approach that
could result in the transformation of one source pollution into another. This
Chapter addresses the role of General Accepted International Rules and Standards
(GAIRS) established in the United Nations Convention on the Law of the Sea
(UNCLOS) as a legal mechanism to avoid pollution transformation. Particularly,
the author discusses ship waste management while at sea and land.
This Chapter illustrates the role of GAIRS on the development cross-sectoral
policies regarding the Environmentally Sound Management (ESM) of wastes at port
reception facilities and integration of these facilities into national waste management
systems. These cross-sectoral policies are the result of the collaboration between the
International Maritime Organization (IMO) and the Conference of the Parties (COP)
to the Basel Convention on the Control of Transboundary Movement of Hazardous
Wastes and Their Disposal.
1 The Need for Normative Integration of Environmental
Media: The Ship Waste Case
Ship wastes are regulated in the wider context of the prevention and control of shipsource pollution. According to Article 211 of UNCLOS, States have the obligation
to prevent, reduce, and control ship-source marine pollution. Particular standards for
wastes generated due to day-to-day operations of vessels are governed by the
International Convention for the Prevention of Pollution from Ships 1973 as Modified by its 1978 Protocol (hereafter MARPOL). MARPOL regulates, among other
things, operational residues generated in: (a) machinery spaces; (b) cargo spaces; and
(c) living spaces of a ship. MARPOL is the most comprehensive regime dealing with
ship-source pollution, both operational and accidental. This instrument relates to the
prevention of “pollution of the marine environment by the discharge of harmful
G. Argüello (*)
University of Gothenburg, Gothenburg, Sweden
e-mail: gabriela.arguello@law.gu.se
© Springer Nature Switzerland AG 2020
P. K. Mukherjee et al. (eds.), Maritime Law in Motion, WMU Studies in Maritime
Affairs 8, https://doi.org/10.1007/978-3-030-31749-2_2
15