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Law of the Sea
Environmental Protection by the Black Sea Commission

Environmental Protection by the Black Sea Commission

Nina Khuchua
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Description
About the author(s)
Table of Contents
Description

About the book Since the 1970s, the Black Sea has been suffering a severe pollution from excessive input of nutrients and chemicals. To improve the situation, the Convention on the Protection of the Black Sea Against Pollution (Bucharest Convention) was signed in 1992 and the Black Sea Commission (BSC) was established. Environmental protection by the Black Sea Commission: Organisation and performance in comparison with the Baltic Marine Environment Protection Commission (HELCOM) provides a comprehensive up-to-date analysis of the BSC's role as a regional actor in the environmental protection of the Black Sea, addressing the following main questions: What are the main (institutional and regulatory) challenges and obstacles for the effective functioning of the BSC and how can they be overcome? What is the current and future role of the BSC as a regional player for the protection of the Black Sea? What possibilities and potential does the BSC have to promote the harmonization of national legal frameworks in relevant areas? The research is based on a comparative analysis with Helsinki Commission (HELCOM) which has been a renowned environmental protection actor in the Baltic Sea region for more than 40 years.

About the author(s)

Nina Khuchua is Environmental Policy Expert at InterSus – Sustainability Services (Berlin, Germany). She studied at University of Bremen, Forschungsstelle für Europäisches Umweltrecht.

Table of Contents

Acknowledgements
Contents
Abbreviations


Introduction
1 Background
2 Objective and scope of the study
3 Structure and methodology
chapter 1 Backgrounds of the Black and the Baltic Seas and their Comparability
A. State of the Black Sea environment
I. Pollution from land-based sources and activities
II. Pollution by dumping
B. Socio-economy and politics of Black Sea countries
I. Socio-economic framework conditions
II. Political framework conditions
C. State of the Baltic Sea environment
I. Pollution from land-based sources and activities
II. Pollution by dumping
D. Socio-economy and politics of Baltic Sea countries
I. Socio-economic framework conditions
II. Political framework conditions
E. Conclusions


Chapter 2 Environmental Protection Regimes of the Black and the Baltic Seas
A. Black Sea environmental protection regime
I. A historic snapshot of the BSC regime
1. Adoption of the Bucharest Convention
2. Establishment of the Black Sea Commission and its Secretariat
II. Black Sea Commission
1. Legal basis for the establishment and functioning
2. Organisational structure
3. Functions, mandate and action areas
4. Representation and chairpersonship
5. Decision-making
6. Internal Rules and work programme
7. Meeting structure
8. Financial issues
III. Permanent Secretariat of the Black Sea Commission
1. Legal basis for the establishment
2. Functions and mandate
3. Staff issues
IV. BSC subsidiary bodies (on the example of Advisory Groups)
1. Legal basis and organisation
2. Functions and mandate
3. Advisory Group members
4. Meetings
5. Reporting obligations and adopted documents
6. A special case – Advisory Group on Information and Data Exchange (AG IDE)
B. Baltic Sea environmental protection regime
I. A historic snapshot of HELCOM regime
II. Helsinki Commission
1. Legal basis for the establishment and functioning
2. Organisational structure
3. Functions, mandate and action areas
4. Representation and chairpersonship
5. Decision-making
6. Internal Rules and work plan
7. Meeting structure
8. Financial issues
III. HELCOM Secretariat
1. Legal basis for the establishment
2. Functions and mandate
3. Staff issues
IV. HELCOM subsidiary bodies (on the example of HELCOM Groups)
1. Legal basis and organisation
2. Functions and mandate
3. HELCOM Group members
4. Meetings
5. Reporting obligations and adopted documents
6. A special case – HELCOM Gear
V. Reorganisation process at HELCOM
C. Conclusions
I. Historic snapshots
II. Legal basis and organisational structure
III. Functions, mandate and action areas
IV. Representation and chairpersonship
V. Decision-making
VI. Internal Rules and work programmes
VII. Meeting structure
1. Meetings of Contracting Parties (Ministerial meetings)
2. Commission meetings
3. Heads of Delegation meetings – a distinctive aspect of HELCOM structure
VIII. Financial issues
IX. Comparison of BSC and HELCOM Secretariats
X. Comparison of subsidiary bodies


Chapter 3 Information Management and Transparency at BSC and HELCOM
A. Information management and transparency at the BSC
I. Legal basis
II. Status quo analysis
B. Information management and transparency at HELCOM
I. Legal basis
II. Status quo analysis
C. Conclusions
I. General observations
II. A new structure responsible for information management at the BSC?
III. What else can be done?


Chapter 4 Regulatory Competencies and Principles
A. International context
B. Regional context
I. BSC framework
1 Overview of underlying legal documents
2. Bucharest Convention classification
3. Purpose and general obligations
4. Scope of application
5. Principles of international (environmental) law
II. HELCOM framework
1. Overview of underlying legal documents
2. Helsinki Convention classification
3. Purpose and general obligations
4. Scope of application
5. Principles of international (environmental) law
C. Conclusions
I. Legal status of Conventions and accompanying documents
II. Critical analysis of Bucharest Convention structure and contents


Chapter 5 Regulation of Marine Pollution from Land-Based Sources
A. International context
B. Regional context
I. BSC framework
1. General approach
2. Modernization of regulations on land-based pollution
II. HELCOM framework
1. General approach
2. Purpose and general obligations
3. Scope of application
4. Principles of international (environmental) law
5. HELCOM Nutrient Reduction Scheme (NRS)
C. Conclusions


Chapter 6 Regulation of Pollution by Dumping
A. International context
B. Regional context
I. BSC framework
1. General approach
2. Scope of application
3. Principles of international (environmental) law
4. Issuance of dumping permits
5. Activities of the BSC in the field of dumping
II. HELCOM framework
1. General approach
2. Scope of application
3. Principles of international (environmental) law
4. Issuance of dumping permits
C. Conclusions
I. Dumping of dredged materials in the Black Sea
II. Illegal dumping in the Black Sea
III. Amendments to the legal framework on pollution by dumping


Chapter 7 Cross-Sectoral Issues: Reporting, Compliance and Dispute Settlement
A. International context
B. Regional context
I. BSC framework
1. Reporting
2. Compliance
3. Dispute settlement
I. HELCOM framework
1. Reporting
2. Compliance
3. Dispute settlement
C. Conclusions

Chapter 8 Role of the EU in the environmental protection of Black and Baltic Seas
A. European Union and the BSC
I. Main directions of the EU marine policy in the Black Sea region
II. EU’s failed accession to the Bucharest Convention
B. European Union and HELCOM
C. Conclusions


Chapter 9 Conclusions and Way Ahead
1 Main messages of Chapter 1
2 Main messages of Chapter 2
3 Main messages of Chapter 3
4 Main messages of Chapter 4
5 Main messages of Chapter 5
6 Main messages of Chapter 6
7 Main messages of Chapter 7
8 Main messages of Chapter 8
9 Overall conclusions


Annex
Bibliography

ISBN:
9789089522009
Practice area:
Public International Law, Environmental law, Law of the Sea
Author:
Nina Khuchua
Edition:
1
Number of pages:
242
Release date:
22 november 2017
+31 (0)575-514299
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