A review of the enforcement regime for vessel‐source oil pollution control

Abstract

The purpose of this article is to identify the currently applicable international law intended to regulate vessel‐source pollution. Part I delineates the elements relevant for this study. Part II discusses the development of a sequence of incremental conventions. Part III examines the significance and weaknesses of the 1973 MARPOL Convention with its 1978 Protocol and of the 1982 UN. Convention on the Law of the Sea. Part IV explores alternative and/or supplementary legal approaches for handling the vessel‐source oil pollution threat.     

Civil Liability and Compensation for Damage in Connection With the Carriage of Hazardous and Noxious Substances: Chinese Perspective

Abstract

The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (the HNS Convention) has not entered into force. In China, a two-tier compensation regime has been established for vessel-source oil pollution damage, but this regime does not address damage in connection with the carriage of HNS by sea. This article examines the Chinese law approach to civil liability and compensation for damage in this respect, and discusses whether there is an adequate framework in place to address issues that may arise.     

Prevention of Vessel-Source Marine Pollution: A Note on the Challenges and Prospects for Chinese Practice Under International Law

This article examines China's domestic legal regime for the prevention of vessel source pollution. It pays special attention to the recently adopted Regulation on Prevention and Control of Marine Pollution from Vessels. Potential challenges and emerging issues that China has to confront are addressed, including: application of the legislation to disputed sea areas between China and its neighbors, freedom of navigation in the exclusive economic zone, reduction of emission from ships, and prevention of invasive species from ballast water.     

The Way Forward for Hong Kong to Combat Vessel Source Emissions in the Pearl River Delta Region

Air pollution has long been of great concern in both Hong Kong and the wider Pearl River Delta (PRD) region, where shipping pollution is a major contributor to poor air quality. This article addresses, first, the current global regulatory framework covering the main sources of vessel source pollution; second, the implementation and enforcement of the rules in Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL); and third, the legal and policy measures for combating vessel source emissions in Hong Kong. In conclusion, the article offers suggestions on the way forward for Hong Kong to combat such vessel source emissions in the PRD region.     

Compensation for Oil Pollution Damage from Ships in China: A Way Toward International Standards

China has made great efforts to establish a compensation system for oil pollution damage from ships. Several laws and regulations have come into effect since 2010 that have brought significant changes to the legal regime of compensation for oil pollution damage. In this article, the new legal regime for compensation for oil pollution damage from ships is examined to illustrate how China is moving closer to the international standard in this area.     

Civil liability for oil‐pollution damage on the Norwegian continental shelf

Abstract

This paper will survey the legal framework which controls civil liability for oil‐pollution damage emanating from the extraction and transportation of petroleum on the North Sea. This framework largely comprises two Intergovernmental Maritime Consulative Organization conventions dealing with vessel‐source pollution damage and a newly created convention among the northwest European states concerning pollution damage caused by offshore drilling operations. The major purpose of this paper is to familiarize the reader with these conventions as they apply to a party seeking recovery under Norwegian law. In addition, preceding domestic legislation and case‐law doctrines which may still be relevant will be discussed.     

A Review of the Legal and Policy Framework for Vessel Source Pollution in Hong Kong

Vessel source marine pollution is an increasingly major concern at both the national and international levels. Hong Kong, as an important maritime center, is naturally concerned with vessel source pollution. To meet the challenges, Hong Kong has formulated policies and measures that emphasize “green shipping” as part of an overall planning strategy that promotes a “green economy.” This article provides a review and analysis of Hong Kong's marine pollution laws, with a view toward making policy suggestions. It argues that the general perception of the adequacy of Hong Kong's marine laws in combating vessel source pollution is flawed. It suggests that Hong Kong should adopt a more forward-looking perspective in the formulation of legal measures to control vessel source pollution.     

Japan's innovation for global health – GHIT's catalytic role

The global fight against infectious diseases, both emerging and re-emerging, endures. Japan's commitments and reputation as a good global citizen and its responsibility to uphold domestic and international human security mean that it is in Japan's best interest to leverage its innovative and technological capabilities for global infectious disease prevention and control. The Global Health Innovative Technology Fund (GHIT Fund), an international non-profit organization based in Tokyo, Japan, was established by the Japanese government, multiple Japanese pharmaceutical companies, and the Bill & Melinda Gates Foundation as the first fund of its kind, with an aim to tackle the global burden of infectious diseases by facilitating and funding global health R&D of drugs, vaccines, and diagnostics. Since its inception in 2013, the GHIT Fund has invested more than 209 million USD in more than 90 projects, which consist of collaborations among Japanese and non-Japanese entities, six of which have already progressed to clinical stage development. Japan will continue to play a major role in the global health arena by further advancing R&D innovations for infectious diseases.     

农田氮素非点源污染控制的生态补偿标准——以江苏省宜兴市为例

农田氮素流失引起的非点源污染已成为国内外农田生态环境资源可持续利用及农业可持续发展的瓶颈,对其进行有效控制愈显迫切.对非点源污染的控制不能简单地照搬点源污染的方法,须针对非点源污染本身具有的强烈外部性及复杂、广泛、不易监测等特征,探究与非点源污染特征规律相对应的对策.生态补偿作为应对全球生态危机和环境污染的一种公共政策工具,对于内化外部效应具有良好的效果.以农户减少一定程度的氮肥施用量获得政府补偿为切入点,论证了农户减少氮肥用量到最佳生态经济施氮量是获得补偿的依据;以宜兴市为实证对象,运用意愿调查评估法和成本-收益法相结合的方式测算了农户参与农田氮素非点源污染控制的生态补偿标准.研究表明:(1)宜兴市主要粮食生产的最佳生态经济施氮量为375.6 kg/hm2,农户参与农田氮素非点源污染控制的补偿额度理论值为620.0-7098.0元/hm2;(2)68.3％的受访农户愿意接受补偿而减少氮肥用量,受偿意愿与种田经验、受教育程度等因素正相关;(3)愿意接受补偿的农民中50.7％选择氮肥量减少到最佳生态经济施氮量,农田氮素非点源污染控制的补偿标准为620.0元/hm2.     

Scaling up towards international targets for AIDS, tuberculosis, and malaria: contribution of global fund-supported programs in 2011-2015

Objective

The paper projects the contribution to 2011–2015 international targets of three major pandemics by programs in 140 countries funded by the Global Fund to Fight AIDS, Tuberculosis and Malaria, the largest external financier of tuberculosis and malaria programs and a major external funder of HIV programs in low and middle income countries.

Design

Estimates, using past trends, for the period 2011–2015 of the number of persons receiving antiretroviral (ARV) treatment, tuberculosis case detection using the internationally approved DOTS strategy, and insecticide-treated nets (ITNs) to be delivered by programs in low and middle income countries supported by the Global Fund compared to international targets established by UNAIDS, Stop TB Partnership, Roll Back Malaria Partnership and the World Health Organisation.

Results

Global Fund-supported programs are projected to provide ARV treatment to 5.5–5.8 million people, providing 30%–31% of the 2015 international target. Investments in tuberculosis and malaria control will enable reaching in 2015 60%–63% of the international target for tuberculosis case detection and 30%–35% of the ITN distribution target in sub-Saharan Africa.

Conclusion

Global Fund investments will substantially contribute to the achievement by 2015 of international targets for HIV, TB and malaria. However, additional large scale international and domestic financing is needed if these targets are to be reached by 2015.     

Pollution risk assessment based on source apportionment in a groundwater resource area,NE China

Pollution risk assessment of a groundwater resource area is instrumental in contributing to groundwater protection. This study considered the evaluation results of source apportionment by combining a principal component analysis (PCA) with a factor analysis (FA) to identify potential risk sources. The vulnerability was evaluated using a DRASTIC model as the main pollution pathway, and groundwater quality as a pollution receptor, in order to validate the risk of pollution in a typical groundwater resource area of northeastern China. Results showed that four principal potential pollution sources were point source pollution such as water-rock interaction, dissolution of iron and manganese bearing minerals due to geological processes, non-point source pollution of nitrogen such as agriculture fertilizers, and organic pollution resulting from domestic and industrial wastewater. A “high” and “relatively high” pollution risk occurred mainly at the northwestern and southeastern edges of the region, respectively, with a widely distributed “moderate” pollution risk over the majority of the study area, and a “relatively low” and “low” pollution risk located mainly in the central of the Limin Groundwater Resources area, which showed that the potential pollution sources, especially due to human activity, have significantly changed the distribution of pollution risk in groundwater resource areas.     

生物柴油利用概况及其在中国的发展思路

石化燃料是当前人类使用的主要能源,但其日益消耗殆尽,同时造成了严重的温室效应和环境污染问题,因此,生物柴油被当作石化燃料的绿色替代品,许多国家都在大力研发。该文阐述了生物柴油的本质及其较石化柴油咱使用上的优良特性,综述了生物柴油主要在欧美国家中的发展现状及其它国家的研发动态,特别是以大豆(Glycine max)和油菜(Brassica campestris)等油料作物为主的生物柴油原料生产状况。在分析了我国油料生产与食用消费现状、受国际生物柴油大力发展的影响的程度及油料作物与粮食生产对耕地资源的激烈竞争矛盾的基础上,提出了充分利用盐碱地、贫瘠、荒漠与退耕还林地,通过种植抗逆性强的油料植物发展我国生物柴油的思路。     

石油污染对鸟类的影响及石油污染清洁修复技术的研究进展

石油污染物通过自然泄漏和各种人类活动进入生态环境,对鸟类的生存产生影响。本文综述了国内外有关石油污染物对鸟类所产生的影响、受污染鸟类及其栖息地的清洁修复技术的研究现状以及发展趋势。现有研究发现,石油的毒性和石油对羽毛结构与功能的破坏是石油污染影响鸟类的主要原因。石油污染不仅对鸟类有直接的致死作用,而且能产生许多慢性危害,包括引起鸟类溶血性贫血、使其免疫能力下降、降低羽毛的保温和防水能力等。对鸟类栖息地中的石油污染进行及时清理并开展对受污染鸟类的清洁修复工作,是减轻石油污染对鸟类影响的重要手段。我国作为石油消费大国,关于石油污染对鸟类影响的研究与国外相比滞后,亟需在石油污染对鸟类的短期和长期影响、受污染鸟类及其栖息地的清洁修复技术等方面开展更多的研究。     

中原石油污染土壤原位微生物生态修复技术的应用

利用优化原位土著微生物菌群辅以物理和化学相结合的生态修复技术, 进行了河南中原油田石油残留污染土壤的野外修复应用研究。修复结果显示, 土壤中残留石油含量平均在2 898.25 mg/kg时, 经过99 d微生物生态修复技术的实施, 土壤中石油含量降解可达99%以上, 为油田区土壤石油残留污染的修复提供了技术方法和推广应用的可行性研究。     

Oil removal from used sorbents using a biosurfactant

Oil spills impose serious damage on the environment. Mechanical recovery by the help of oil sorbents is one of the most important countermeasures in oil spill response. Most sorbents, however, end up in landfills or in incineration after a single use. These options either produce another source of pollution or increase the oil recovery cost. In this study a biosurfactant was used to clean used oil sorbents. This use of biosurfactants is new. Washing parameters tested included sorbent type, washing time, surfactant dosage and temperature. It was found that with biosurfactant washing more than 95% removal of the oil from sorbents was achieved, depending on the washing conditions. Biosurfactants were found to have considerable potential for recycling the used sorbents.     

厦门市海岸带水污染负荷估算及预测

综合采用灰色模型、曲线回归等预测方法,建立了基于厦门市海岸带特征的主要污染源水污染负荷估算及预测模型,并采用厦门市历年统计数据对模型加以验证.对厦门市近岸海域近10年的废水和主要污染物质排放量估算的结果表明:万元产值工业废水排放量呈逐年下降的趋势,而各污染物的排放总量却逐年缓慢增长;在点源污水排放总量预测中,约76%的氮、磷来自于生活污水;在非点源污染负荷中,农业非点源中的氮、磷负荷占较大比例,城市非点源污染负荷比例最小.2005年厦门海岸带各污染源产生的氮污染负荷大小比较结果为:生活污染源>农业非点源>工业污染源>旅游业污染源>城市非点源,磷污染负荷则为:农业非点源>生活污染源>工业污染源>旅游业污染源>城市非点源.     

Negative effects of oil spillage on beach microalgae in Nigeria

In a concerted effort to apply epipsammic microalgae indices as a biological indicator of crude oil pollution and natural remediation in a tropical estuarine environment, the direct effect of a recent oil spill on the abundance of microalgae in the coastal shore of the Qua Iboe Estuary was investigated. A significant negative effect of contamination on the salinity, acidity and nutritive salts (CO₃²⁻, Cl⁻, and SO₄²⁻) levels of the sandy beach soil was observed. The Biological Index of Pollution (BIP) of the beach soil was raised from the previous slightly polluted level (18%) to 75, 88, 45 and 41% after contamination, at sampling distances of 5.5, 9.5, 11.5 and 15 m from the barrier used for pollution control. These corresponded with increases in the density of microalgae with distance from the barrier. This implies that the effect of oil pollution was more severe on microalgal cells that are close to the barrier. The overall effect was a distance-influenced reduction in the regeneration capabilities of the epipsammic microalgae. Some microalgal species, particularly the cyanobacterial species of Aphanizomenon flos-aquae, Lyngbya majusculata,and a centric diatom Actinoptychus undulatus may have been exposed to contamination levels exceeding normal homeostasis and compensation. They lost their existence in the sandy beach, and their absence is recommended for use as an indicator of the short term effect of oil pollution in coastal sandy beaches in a tropical estuarine environment.     

地下水生态补偿标准核算模型

地下水是水资源的重要组成部分,在维持生产生活、推动社会经济发展方面具有重要作用。地下水生态补偿有助于促进地下水资源合理开发利用,但是国内外关于此方面尤其是补偿标准的研究非常缺乏。本研究提出由基础、奖惩、科技和风险补偿构成的地下水生态补偿标准核算模型,综合考虑气候条件和经济水平,明确补偿优先等级,并将模型应用于山西省11个市,核算其地下水生态补偿标准。结果表明: 基础补偿在总补偿中占比最大,且非市场价值占比在60%以上,说明地下水具有较高的调节服务价值;2008—2017年,各市发展系数有明显提高,说明区域经济水平提升,补偿能力有所增强;补偿优先等级受地下水非市场价值及区域经济水平的影响,各地补偿优先等级差异明显,需要尽快落实各地的地下水生态补偿工作。同时,建议尽快完善地下水风险补偿制度,设立地下水生态科技补偿专项资金,建立长期有效的地下水生态补偿机制。     

How will oil palm expansion affect biodiversity?

Oil palm is one of the world's most rapidly increasing crops. We assess its contribution to tropical deforestation and review its biodiversity value. Oil palm has replaced large areas of forest in Southeast Asia, but land-cover change statistics alone do not allow an assessment of where it has driven forest clearance and where it has simply followed it. Oil palm plantations support much fewer species than do forests and often also fewer than other tree crops. Further negative impacts include habitat fragmentation and pollution, including greenhouse gas emissions. With rising demand for vegetable oils and biofuels, and strong overlap between areas suitable for oil palm and those of most importance for biodiversity, substantial biodiversity losses will only be averted if future oil palm expansion is managed to avoid deforestation.     

Assessing the port to port risk of vessel movements vectoring non-indigenous marine species within and across domestic Australian borders

Biofouling of vessels is implicated as a high risk transfer mechanism of non-indigenous marine species (NIMS). Biofouling on international vessels is managed through stringent border control policies, however, domestic biofouling transfers are managed under different policies and legislative arrangements as they cross internal borders. As comprehensive guidelines are developed and increased compliance of international vessels with 'clean hull' expectations increase, vessel movements from port to port will become the focus of biosecurity management. A semi-quantitative port to port biofouling risk assessment is presented that evaluates the presence of known NIMS in the source port and determines the likelihood of transfer based on the NIMS association with biofouling and environmental match between source and receiving ports. This risk assessment method was used to assess the risk profile of a single dredge vessel during three anticipated voyages within Australia, resulting in negligible to low risk outcomes. This finding is contrasted with expectations in the literature, specifically those that suggest slow moving vessels pose a high to extreme risk of transferring NIMS species.