information, as well as participation in decision-making processes.
59 At the international level, the most prominent “regional treaty” dealing with public participation is
the Convention on Access to Information, Public Participation in Decision-Making
and Access to Justice in Environmental Matters, 1998 (Aarhus Convention). In
general, the implementation of public participation procedures requires the development of legal, institutional, and educational frameworks. In developing countries,
public participation has been included in legislation and it also has been subject to
judicial assessment to varying degrees.
60 However, if the environment does not rank
first on States’ agendas, and if environmental awareness is lacking in society, the
impact of public participation will remain limited. The incorporation of public
participation procedures in relation to ship wastes could potentially have an impact
on the legitimacy of waste regulation. Furthermore, if the expertise of several
stakeholders is considered, positive effects on the environmental status can also be
achieved.
Overall, it is desirable to have public participation procedures in place while
planning the waste management strategy. The implementation of such a strategy
requires the adoption of legal and administrative measures, the development of
technological capabilities, and the establishment of adequate infrastructure.
Among legal and administrative measures, States should establish legal standards
for waste collection, storage, handling and management operations, alongside monitoring procedures, enforcement mechanisms to effectively address non-compliance,
and liability and compensation schemes.
61 A workable regulatory framework should
link ship wastes to existing national legislation on waste, e.g., pollution control,
industrial and chemical control, land planning, sewage and drainage systems, pesticides, and occupational and public health.
62 A good example of this approach can
be found in Directive 2000/59/EC on Port Reception Facilities where “ship-generated waste” and “cargo residues” are considered wastes within the meaning of
Article 3(1) of the Waste Framework Directive. The relevance of this provision is
in linking ship wastes to land management regulation. In fact, Article 12 of Directive
2000/59/EC provides that management of ship wastes must be carried out in
accordance with the relevant EU waste legislation.
The management of ship wastes requires a licensing system
63 for the providers of
port reception facilities and waste operators. This system is essential to enable public
authorities to trace the management of wastes once they are discharged from ships,
and monitor whether the operators are complying with substantive standards.
Licenses should be complemented with notification systems covering the generation,
storage, transport, and management of wastes. Procedures should also be in place to
59 Birnie et al. (2009), pp. 116–123; Ebbesson (1998).
60 See an analysis of public participation in several jurisdictions in Razzaque (2010).
61 IMO Port Reception Facilities – How to Do It (2016), ch. 3.
62 Ibid, ch. 4.
63 Ibid, ch. 3.
28
G. Argüello
59 At the international level, the most prominent “regional treaty” dealing with public participation is
the Convention on Access to Information, Public Participation in Decision-Making
and Access to Justice in Environmental Matters, 1998 (Aarhus Convention). In
general, the implementation of public participation procedures requires the development of legal, institutional, and educational frameworks. In developing countries,
public participation has been included in legislation and it also has been subject to
judicial assessment to varying degrees.
60 However, if the environment does not rank
first on States’ agendas, and if environmental awareness is lacking in society, the
impact of public participation will remain limited. The incorporation of public
participation procedures in relation to ship wastes could potentially have an impact
on the legitimacy of waste regulation. Furthermore, if the expertise of several
stakeholders is considered, positive effects on the environmental status can also be
achieved.
Overall, it is desirable to have public participation procedures in place while
planning the waste management strategy. The implementation of such a strategy
requires the adoption of legal and administrative measures, the development of
technological capabilities, and the establishment of adequate infrastructure.
Among legal and administrative measures, States should establish legal standards
for waste collection, storage, handling and management operations, alongside monitoring procedures, enforcement mechanisms to effectively address non-compliance,
and liability and compensation schemes.
61 A workable regulatory framework should
link ship wastes to existing national legislation on waste, e.g., pollution control,
industrial and chemical control, land planning, sewage and drainage systems, pesticides, and occupational and public health.
62 A good example of this approach can
be found in Directive 2000/59/EC on Port Reception Facilities where “ship-generated waste” and “cargo residues” are considered wastes within the meaning of
Article 3(1) of the Waste Framework Directive. The relevance of this provision is
in linking ship wastes to land management regulation. In fact, Article 12 of Directive
2000/59/EC provides that management of ship wastes must be carried out in
accordance with the relevant EU waste legislation.
The management of ship wastes requires a licensing system
63 for the providers of
port reception facilities and waste operators. This system is essential to enable public
authorities to trace the management of wastes once they are discharged from ships,
and monitor whether the operators are complying with substantive standards.
Licenses should be complemented with notification systems covering the generation,
storage, transport, and management of wastes. Procedures should also be in place to
59 Birnie et al. (2009), pp. 116–123; Ebbesson (1998).
60 See an analysis of public participation in several jurisdictions in Razzaque (2010).
61 IMO Port Reception Facilities – How to Do It (2016), ch. 3.
62 Ibid, ch. 4.
63 Ibid, ch. 3.
28
G. Argüello