cooperation among international institutions and other subjects of international law,
and mitigating fragmentation in international law.
87
The broad formulation of ESM fostered cooperation between the IMO and the
COP to the Basel Convention to improve the management of wastes in the sea/land
interface. Such cooperation, however, remains limited. Although the IMO supports
the collaboration with the COP to the Basel Convention, the Secretariat of the IMO
has been emphatic in clarifying that the IMO is the adequate forum where State
Parties to MARPOL should interpret to what extent MARPOL applies to ship wastes
discharged to port reception facilities.
88 This position could explain why the IMO
and the COP to the Basel Convention have been issuing different sets of guidelines
instead of promoting a joint forum where different actors could address common
concerns and coordinate future activities.
References
Andenas M, Bjorge E (eds) (2015) A farewell to fragmentation: Reassertion and Convergence in
International Law Studies on International Courts and Tribunals. Cambridge University Press,
Cambridge
Assembly of the IMO: Resolution A. 946(23) (27 November 2003) Voluntary IMO Member State
Audit Scheme
Assembly of the IMO: Resolution A.1070(28) (2013) IMO Instruments Implementation Code (III
Code). 2013
Barnes R, Freestone D, Ong D (2006) Introduction. In: Freestone D, Barnes R, Ong D (eds) The
Law of the Sea: progress and prospects. Oxford University Press, Oxford, pp 1–27
Birnie P, Boyle A, Redgwell C (2009) International law and the environment, 3rd edn. Oxford
University Press, Oxford
Boyle A (1985) Marine pollution under the Law of the Sea Convention. Am J Int Law 79
(2):347–372
Boyle A (1991) Saving the World? Implementation and enforcement of international environmental
law through international institutions. J Env Law 3:229–245
Boyle A (1999) Some reflections on the relationship of treaties and soft law. Int Comp Law Q 48
(4):901–913
Carpenter A, Macgill S (2005) The EU Directive on port reception facilities for ship-generated
waste and cargo residues: the results of a second survey on the provision and uptake of facilities
in North Sea ports. Mar Pollut Bull 50:1541–1547
Chayes A, Handler Chayes A (1991) Compliance without enforcement: state behavior under
regulatory treaties. Negot J 7(3):311–330
Cooperation between the Basel Convention and the International Maritime Organization (UNEP/
CHW.13/18) (2016) Thirteenth Meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal.
Item 4 (e) (ii) of the provisional agenda. Geneva
87 On the fragmentation of international law, See International Law Commission: Fifty-eighth
Session A/CN.4/L.682 (2006) and Andenas and Bjorge (2015).
88 Secretariat of IMO (2015) Answer to the Invitation to IMO to comment on the draft assessment on
how far the current Basel Convention technical guidelines cover MARPOL wastes.
34
G. Argüello
and mitigating fragmentation in international law.
87
The broad formulation of ESM fostered cooperation between the IMO and the
COP to the Basel Convention to improve the management of wastes in the sea/land
interface. Such cooperation, however, remains limited. Although the IMO supports
the collaboration with the COP to the Basel Convention, the Secretariat of the IMO
has been emphatic in clarifying that the IMO is the adequate forum where State
Parties to MARPOL should interpret to what extent MARPOL applies to ship wastes
discharged to port reception facilities.
88 This position could explain why the IMO
and the COP to the Basel Convention have been issuing different sets of guidelines
instead of promoting a joint forum where different actors could address common
concerns and coordinate future activities.
References
Andenas M, Bjorge E (eds) (2015) A farewell to fragmentation: Reassertion and Convergence in
International Law Studies on International Courts and Tribunals. Cambridge University Press,
Cambridge
Assembly of the IMO: Resolution A. 946(23) (27 November 2003) Voluntary IMO Member State
Audit Scheme
Assembly of the IMO: Resolution A.1070(28) (2013) IMO Instruments Implementation Code (III
Code). 2013
Barnes R, Freestone D, Ong D (2006) Introduction. In: Freestone D, Barnes R, Ong D (eds) The
Law of the Sea: progress and prospects. Oxford University Press, Oxford, pp 1–27
Birnie P, Boyle A, Redgwell C (2009) International law and the environment, 3rd edn. Oxford
University Press, Oxford
Boyle A (1985) Marine pollution under the Law of the Sea Convention. Am J Int Law 79
(2):347–372
Boyle A (1991) Saving the World? Implementation and enforcement of international environmental
law through international institutions. J Env Law 3:229–245
Boyle A (1999) Some reflections on the relationship of treaties and soft law. Int Comp Law Q 48
(4):901–913
Carpenter A, Macgill S (2005) The EU Directive on port reception facilities for ship-generated
waste and cargo residues: the results of a second survey on the provision and uptake of facilities
in North Sea ports. Mar Pollut Bull 50:1541–1547
Chayes A, Handler Chayes A (1991) Compliance without enforcement: state behavior under
regulatory treaties. Negot J 7(3):311–330
Cooperation between the Basel Convention and the International Maritime Organization (UNEP/
CHW.13/18) (2016) Thirteenth Meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal.
Item 4 (e) (ii) of the provisional agenda. Geneva
87 On the fragmentation of international law, See International Law Commission: Fifty-eighth
Session A/CN.4/L.682 (2006) and Andenas and Bjorge (2015).
88 Secretariat of IMO (2015) Answer to the Invitation to IMO to comment on the draft assessment on
how far the current Basel Convention technical guidelines cover MARPOL wastes.
34
G. Argüello