IOES Monographs Series - 2016

 

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IOES Monographs Series - 2016

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IOES Monograph Series 16: Warship and Environmental Protection of Straits 
ISBN: 978-983-100-854-6, 71 pages, 
Price: RM30 (Soft cover)RM50 (Hard cover)

Environmental protection during times of armed conflict invite an examination of the rules of international law found in conventions, customary international law including case-law and ‘soft law’ or non-legally binding instruments. The conventions refer to several multilateral environmental agreements and numerous regional seas conventions. Some of the conventions provide for suspension, derogation or termination during an armed conflict and there are others that neither directly nor indirectly address their application during an armed conflict such as the 1992 Convention on Biological Diversity.

In this book, a multilateral convention called the 1982 United Nations Convention on the Law of the Sea, a convention applicable in peace time has been studied in the context of the environmental protection of straits used for international navigation. This Convention has introduced mandatory provision on the protection of the marine environment but these have not trickled down as well to the regime of straits discussed in Part III and Article 233. In comparison, the 1987 San Remo Manual on Armed Conflicts at Sea provides for marine environmental protection including that of straits. Lessons are drawn from the San Remo Manual for application to all ships in peace time in straits used for international navigation. The San Remo Manual is not a multilateral convention like the 1982 United Nations Convention on the Law of the Sea. However, its provisions are binding on the States Parties that have accepted it. The provisions of the San Remo Manual may be improved from time to time but the core provisions are highlighted in this work.

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