Skaridov A. —
“Green shipping” and the problem of sustainable use of maritime transport
// International Law and International Organizations. – 2021. – ¹ 1.
– P. 31 - 45.
DOI: 10.7256/2454-0633.2021.1.35070
URL: https://en.e-notabene.ru/mpmag/article_35070.html
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Abstract: Green is consistently associated with the political, legal and organizational efforts of various organizations in the area of preservation and sustainable development of the environment. Having analyzes the topic, the author reflects on the legal issues of preventing marine pollution related to the introduction of the International Code for Ships Operating in Polar Waters, the requirements to the “chemistry of pollutants”, technical regulations aimed at the expel of certain ships based on their technical characteristics. The author also attempted to formulate the key statements within the framework of the concept of ecologically sustainable development of the marine transport sector. The subject of this research is the legal relations in the area of regulation of the ecological use of maritime transport. Research methodology employs the analysis of national legal sources; formal-legal, comparative-legal and systemic-logical methods. Law of the Sea has been actively struggling against marine pollution since the International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL) of 1954, creating and constantly improving the responsibilities within the framework of International Convention for the Prevention of Pollution from Ships (MARPOL). The scientific novelty is defined by the absence of analogous works in the Russian literature on the subject. The relevance of this work is substantiated by the need for adoption of legal measures aimed at ensuring efforts on amending the state maritime policy, considering that the implementation of the standards of International Maritime Organization effective since 2020, will result in expel of a considerable number of ships from the maritime sector, as well as and increase the sea freight rates.
Skaridov A. —
Right to appropriation of the objects of glacier water storage
// International Law. – 2019. – ¹ 3.
– P. 67 - 76.
DOI: 10.25136/2644-5514.2019.3.30457
URL: https://en.e-notabene.ru/wl/article_30457.html
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Abstract: Today, the Arctic is viewed as a popular object of competition in the military and political ambitions, additional deposit of mineral resources, or a new international transportation highway, where diminishing ice sheet is perceived as a benefit. However, the decreasing ice means decreased cache of fresh water, the rights to which are not legislatively defined, though the significance of this resource is not lesser than the hydrocarbons of the Arctic shelf. The subject of this research is the norms of international law regulating the extraction of the glacier water from the natural environment and expanding the covering the property rights. The object of this research is the legal relations stemming from the stipulations of international treaties and national legislation that form the legal regime of exploitation of fresh water resources in glacier formations in the Arctic territories. The main conclusion of the conducted research consists in the fact that the object of glacier water storage are a part of natural resources, and can be covered by property rights, volume of which depends on the legal regime of the area of their extraction. The current international law does not establish the legal regime for appropriation and further exploitation of “objects of glacier water storage” and does not provide obvious foundation for extension of property rights to the aforementioned objects. The author’s contribution to the research of this topic consists in the combination of positions that can form juridical content of the concept of “objects of glacier water storage” and regulation of appropriation of these objects.