The marine environment and ocean shipping: some implications for a new Law of the Sea

Bernhard J. Abrahamsson

International Organization, 1977, vol. 31, issue 2, 291-311

Abstract: Shipping is characterized by a high degree of mobility and flexibility based on free access to the world's oceans and multilateral participation in carriage of sea-borne trade. Recently, technological and institutional developments have tended to create conditions in which bilateral shipping agreements may become dominant. A major step in this direction was the 1974 UNCTAD Convention on a code of conduct for liner conferences. Efforts to protect the marine environment from ship-originated oil pollution may work in the same direction depending on how they are implemented. Under any circumstances, implementation of pollution control standards under the 1973 IMCO convention will be costly and freight rates arc certain to rise. Unless international pollution control standards are rigidly fixed and binding, discriminatory treatment and bilateral agreements are likely. But such standards would be futile unless there is also freedom of innocent passage–a matter for the Law of the Sea Conference.

Date: 1977
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