Abstract for Scopus Indexing: The new Environmental Crime Directive ( ECD ) supports the designation of the most serious violations of European Union (EU) environmental laws as criminal offences. It includes several new categories of violations and brings the EU implementation of ship-source pollution and recycling of EU ships under it. The ECD provides for offences which depend on an infringement of EU laws. For some offences, the breach of the relevant law is sufficient for liability to arise; for others, endangerment of one or more aspects of the environment or human health is required. The ECD designates conduct that leads to extensive environmental damage as a qualified offence and provides for higher maximum imprisonment terms to be set as a minimum across the EU. The new ECD includes liability for legal persons and helps make available a toolbox of appropriate sanctions to each Member State’s courts. Including ship-source pollution as part of the ECD may lead to general EU laws being made the basis for criminal liability of shipping interests. The amendment of Directive 2005/35/EC will also significantly affect the scope of the ECD as MARPOL Annexes I – V will be covered, as well as the discharge of waters from scrubbers. Recycling an EU ship in a facility not approved by the EU may also lead to the establishment of criminal liability. Violations of atmospheric pollution laws and greenhouse gas emissions are not covered. The ECD is a step in the right direction. However, it will not resolve the existing implementation gap of EU environmental law, nor will it be able to overcome the significant limitations of MARPOL in dealing with marine pollution.
Abstract for Scopus Indexing: On May 21, 2024, the International Tribunal for the Law of the Sea ( ITLOS ) issued an advisory opinion on States’ specific obligations to address greenhouse gas pollution and protection and preservation of the marine environment in relation to climate change and ocean acidification. The opinion highlights the science of climate change, particularly IPCC reports, the international rules and standards of climate change, and the means and capabilities of States. The Tribunal analyzed the United Nations Convention on the Law of the Sea ( UNCLOS ), finding that greenhouse gases are pollutants within the scope of UNCLOS and therefore under UNCLOS States Parties have obligations to prevent, reduce, and control greenhouse gases from any source; to protect and preserve the marine environment; to cooperate with other States for this purpose; and to prepare environmental impact assessments taking into account cumulative impacts. ITLOS found that the standard for performing these obligations is one of conduct, and that due to the risk of serious and sometimes irreversible harm, the due diligence requirements are stringent. The opinion relies heavily on external international rules, incorporated as rules of reference under UNCLOS , including the Paris Agreement, the UN Framework Convention on Climate Change, and other relevant treaties.
Abstract for Scopus Indexing: COVID -19 has had one of the greatest impacts on global shipping across maritime trade and logistics. Its impact transcends shipping, affecting worldwide trade and disrupting maritime services and supply chains. We applied an analogical knowledge transfer mechanism that follows attribute retrieval, mapping, transfer, induction, and interpretation of lessons learned from COVID -19. The retrieval process was based on a systematic review, a novel approach to implementing source retrieval in an analogical knowledge transfer mechanism. The knowledge transfer analysis suggests that key policies including cargo and vessel mobility, emergency management, resilience, risk management, autonomous integration, crisis management, international cooperation, stakeholder engagement, lockdown policies, digital integration, sustainability, and supportive measures are also potential mitigating measures to other crises including the impact of extreme weather events on global shipping. This article contributes to the literature by consolidating the effectiveness of the transfer of inferences from COVID -19 through the knowledge transfer mechanism, utilizing a systematic review of the analogical retrieval process, and providing theoretical insights into an analogical knowledge transfer mechanism and application of lessons learned from COVID -19 to governments and policymakers, shipping and port managers, and crisis management professionals.
Abstract for Scopus Indexing: In 2024, Indonesia deployed KRI dr. Radjiman Wedyodiningrat-992 , a military hospital ship, to deliver humanitarian aid to civilians affected by the Gaza conflict. Initially, the plan was to use the ship as a hospital vessel with specially protected status under international humanitarian law. However, legal, political, and operational challenges, including Israel’s naval blockade and the absence of diplomatic relations between Indonesia and Israel, impeded this goal. As a result, dr. Radjiman retained its “normal” warship status with sovereign immunity but lacked the protection normally granted to hospital ships under the Geneva Conventions. This article analyzes the barriers to deploying military hospital ships in conflict zones, focusing on the interplay between international humanitarian law, maritime neutrality, and diplomatic obstacles. It also compares Indonesia’s mission to similar operations by France, Italy, and the United Arab Emirates ( UAE ), highlighting that while France and Italy deployed military vessels, the UAE used a civilian floating hospital in Egyptian waters to treat Gazan civilians. The study finds that the choice of vessel significantly impacts mission success, as civilian-operated ships tend to encounter fewer diplomatic hurdles than military vessels, especially in contexts lacking formal bilateral ties. The mission of dr. Radjiman offers key lessons for State-led humanitarian efforts, emphasizing the need for legal clarity, strategic diplomacy, and flexible operational planning. While the mission did not meet its original objectives, it provides insights into navigating complex maritime conflicts and refining the strategies for future hospital ship deployments in contested waters.
Abstract for Scopus Indexing: Settlement of territorial and maritime boundary disputes provide legal certainty and may pave the way for sustainable development and cooperation. This is the case globally and not least in the Arctic, a region opening up due to climate change. For 50 years Canada and the Kingdom of Denmark have not come to agreement over the sovereignty of the island of Tartupaluk (Hans Island) and the maritime delimitation in the Lincoln Sea. The overlapping continental shelf beyond 200 M in the Labrador Sea became apparent approximately a decade ago. The Parties settled these outstanding boundary issues when a new boundary agreement was signed on 14 June 2022. The agreement supports efforts to maintain the Arctic region as a low-tension area of cooperation and has come about after Canada and the Kingdom of Denmark, following a common political desire, intensified efforts in recent years to reach a unified negotiated solution.
