10 results on '"Argüello, Gabriela"'
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2. Transboundary transportation of CO2 streams by ships: regulatory barriers for scaling up carbon capture and sub-seabed storage.
- Author
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Argüello, Gabriela and Bokareva, Olena
- Subjects
CARBON sequestration ,PIPELINE transportation ,WASTE management ,EUROPEAN Union law ,GOVERNMENT policy on climate change - Abstract
Over the years, Carbon Capture and Sequestration (CCS) has been recognized as a crucial element in the toolkit of measures to combat climate change. At the European Union (EU) level, CCS plays a vital role in climate policy, particularly in reducing CO
2 emissions from hard-to-abate industries. However, no comprehensive legal framework covers all stages of CCS. These stages include carbon capture techniques, transportation by ships or pipelines, injection, site closure, and post-closure management. Each of these stages is regulated by different legal frameworks that address various topics such as geoengineering, climate change, industrial activities, property, transportation, port operations, waste management, dumping, health, and the environment. Critical legal questions remain unanswered, such as who is liable for discharges in the marine environment during the transportation of CO2 by ships and for the long-term management of sub-seabed storage sites. As the transportation of CO2 by ships will likely have transboundary implications, we explore the legal possibilities, limitations and risks associated with exporting CO2 streams for sequestration under the sub-seabed. [ABSTRACT FROM AUTHOR]- Published
- 2024
- Full Text
- View/download PDF
3. Environmentally sound Management of Ship Wastes: challenges and opportunities for European ports
- Author
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Argüello, Gabriela
- Published
- 2020
- Full Text
- View/download PDF
4. Dynamic Ocean Management in Areas Beyond National Jurisdiction.
- Author
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Westholm, Aron and Argüello, Gabriela
- Subjects
- *
MARINE biodiversity , *MARINE parks & reserves , *OCEAN , *JURISDICTION , *MARINE ecology , *MARINE resources conservation - Abstract
Law and space are intimately connected. In the ocean, the natural environment is divided into maritime zones. Such a division neglects the interconnected nature of the ocean and its inhabitants. Since this zonal approach relies on geographically stable boundaries, it also limits the opportunities to manage a fluid ocean. Area-based management tools, including marine protected areas (MPAs), address some of the limitations of zonal management. However, MPAs are also static from a geographical point of view. The deteriorating state of many marine species and ecosystems indicates a failure of traditional management approaches and puts a renewed emphasis on adapting legal scales to "natural scales," such as ecosystems. In this article, we argue that there are positive trends and new tools that could be developed within the current legal order to face the challenges that nature is facing in the Anthropocene. One such tool is dynamic ocean management, which moves away from the static rationale of traditional ocean management illustrated here by MPAs, toward a management system focused on the temporal and spatial dynamism of the marine environment. In order to understand how such a management tool could be developed and used within the current legal system, we show how traditional ocean management rests on the notion of delimited and static boundaries and temporarily fixed measures. We discuss this in terms of fixity and simplification. Then we analyze dynamic ocean management and its potential to capture more of the complexity of the marine environment. This analysis is followed by an overview of MPAs and networks of MPAs in areas beyond national jurisdiction (ABNJ), where we discuss the impact of the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Treaty) in the development of dynamic ocean management. This overview provides information about both the possibilities and challenges of area-based management in ABNJ. We argue that MPA networks and large marine ecosystems (LMEs), coupled with the establishment of coordination mechanisms between existing institutional structures, are necessary first steps to secure dynamic ocean management. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
5. Science diplomacy and Asian states: Transforming the governance landscape in the Arctic.
- Author
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Argüello, Gabriela and Rafaly, Vonintsoa
- Abstract
As ice recedes, the governance of the Arctic is undergoing a significant change. What was once considered a frozen desert with little relevance to the legal system, the Arctic has gradually become a global object of governance. Furthermore, the growing political salience of the Arctic Ocean has generated interest in its governance beyond Arctic states, particularly Asian states such as China, India, Japan, Singapore and South Korea. These countries have been actively participating in regional cooperation arrangements, including the Arctic Council. Undoubtedly, science diplomacy has been an important driver in shaping the governance of the Arctic and maintaining it as a low-tension area. However, this perception is now being put to the test following the Russian invasion of Ukraine. Amidst this crisis, we explore whether science diplomacy can continue to promote peaceful collaboration in the Arctic region. Our research suggests that science diplomacy could potentially aid in the future of Arctic governance, particularly with regard to the involvement of Asian states. We analyse the legal and geopolitical factors involved in determining the potential roles of Asian states in Arctic governance, including whether they could serve as a bridge between the West and Russia or if their actions might further fragment Arctic governance. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
6. Opportunities for Protecting Biological Diversity in the Arctic Ocean.
- Author
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Argüello, Gabriela
- Subjects
BIODIVERSITY ,JURISDICTION ,UNITED Nations Convention on the Law of the Sea (1982) ,MARINE parks & reserves - Abstract
The paper analyses the opportunities to establish marine protected areas (MPAs) beyond national jurisdiction in the Arctic Ocean. For this, the author scrutinises the legal processes allowing UNCLOS to adapt to current and future ocean governance challenges concerning biological diversity and the limits of such adaptability. Some significant limitations are found in areas beyond national jurisdiction (ABNJ) in the Arctic Ocean. The low political commitment of Arctic States to cooperate in fora such the Arctic Council leaves the ABNJ of the Arctic Ocean in a very precarious situation. With extensive areas of the seabed potentially falling under national jurisdiction and the water column remaining as 'high seas,' there is a possibility that Arctic cooperation will be eroded. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
7. Regulation of Risk
- Author
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Basu Bal, Abhinayan, Rajput, Trisha, Argüello, Gabriela, and Langlet, David
- Subjects
autonomous vessels ,aviation law ,climate change ,dangerous goods ,economic sanctions ,export control ,marine biodiversity ,marine environment ,marine insurance ,national security ,ocean governance ,Risk ,security law ,smart contracts ,trade facilitation ,bic Book Industry Communication::L Law::LB International law ,bic Book Industry Communication::L Law::LB International law::LBB Public international law::LBBP International environmental law ,bic Book Industry Communication::L Law::LB International law::LBD International law of transport, communications & commerce - Abstract
Regulation of Risk provides comprehensive insight into regulation of risk in transport, trade and environment. Contributions provide national, regional and international perspectives on pressing questions: How is risk conceived in light of novel technological deployment, climate change, political upheaval, evolving geopolitics, and the COVID-19 pandemic? What legal tools such as contractual frameworks and governance structures are available to manage the changing landscape of risk? This book highlights the importance of dialogue and collaborative decision-making on risk between policymakers, institutions, societal stakeholders and the scientific community.
- Published
- 2022
- Full Text
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8. Environmentally Sound Management – Its status and role in the sea-land interface regulation of wastes
- Author
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Argüello, Gabriela
- Subjects
transboundary movements of wastes ,ship wastes ,Environmentally Sound Management (ESM) ,port reception facilities ,ship source pollution - Abstract
Waste management is essential for ensuring the earth’s resilience and it remains one of the greatest challenges for our and future generations. As societies experience further population growth and economic development, waste management poses both challenges for the protection of the environment and human health. To face these challenges, environmental law requires shifting attention from media-specific pollution regimes to integrative life-cycle approaches of waste management, i.e., from the prevention of waste generation to the actual handling of wastes. Currently, wastes are regulated incidentally within media-specific pollution regimes, or in relation to certain hazardous substances. In cases where wastes are directly regulated, this regulation is concerned with a particular activity. Additionally, waste management has been traditionally considered as a national affair except in cases dealing with pollution transfer and transboundary movements of wastes. This thesis is concerned with the management of wastes generated on board vessels while at sea and after they are discharged to port reception facilities. Ship wastes are studied from an international and EU law perspective. These wastes were chosen for three reasons. First, ship wastes are incidentally regulated within the regime of marine pollution. Second, the prevention of ship-source pollution is heavily reliant on the provision of adequate port reception facilities on land. However, the coordination between these facilities and further downstream management operations is still an unresolved issue. Finally, ship wastes were chosen due to incidents related to the unsafe management of ship wastes on land. These incidents increased the attention towards the management of ship wastes after their discharge on land and framed the analysis of such management from a conflict of law perspective. Particularly, whether the transboundary movement of waste regime is applicable to ship wastes while at sea and after their discharge on land. This thesis examined the regimes set up to deal with the transboundary movement of wastes and ship-source pollution so as to elucidate the obligations and legal principles governing such regimes. Considering the rationale behind these regimes, the author concludes that treaty obligations concerning transboundary movements of wastes are inapplicable to ship wastes while on board ships and on land. Despite the limitations of the transboundary movement of wastes regime, the thesis argues that the principle of Environmentally Sound Management (ESM) embodied in this regime has gradually transformed into a legal principle. The most important contribution of ESM is its integrative function. This integrative function has several outcomes. First, ESM is the point of departure for addressing legal gaps in the regulation of wastes, and consequently it provides the desired coherence to the legal system since it acts as a bridge between several regulatory and sectoral levels. Second, ESM offers a new light with which to understand and interpret existing obligations. Finally, ESM provides a renewed impetus to regimes that directly and indirectly govern wastes. This impetus translates into greater coordination and the establishment of cross-sectional policies.
- Published
- 2018
9. Large-scale collective action in the Arctic Ocean: the role of international organizations in climate governance.
- Author
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Argüello, Gabriela
- Subjects
COLLECTIVE action ,INTERNATIONAL agencies ,ARCTIC climate ,CLIMATE change ,OCEAN - Abstract
The Arctic Ocean plays a significant role in regulating the Earth's climate, yet its environment is particularly vulnerable to the effects of climate change. Facing climate change requires concerted action. Based on the premise that spontaneous collaboration diminishes in large-scale collective action problems, this paper discusses, from a legal perspective, the opportunities and limitations that Arctic international organizations face to translate climate change's global regulatory regime into regional settings and to foster collective action. This translation occurs when organizations become collaborative platforms joining several stakeholders, including states, governmental and non-governmental institutions, and civil society organizations. Collective action is also strengthened when organizations display a wide array of regulatory capacities. International organizations face several limitations about Arctic climate governance due to institutional fragmentation, the emergence of new Arctic stakeholders, and the increasing focus on inter-state cooperation that effectively leaves aside non-state stakeholders. These developments could eventually erode this regional governance system. • Climate governance should follow a bottom-up structure. • International organizations can trigger collective action in the Arctic. • Emphasis on inter-state cooperation diminishes non-state stakeholders' participation. • Institutional fragmentation hinders climate governance in the Arctic Ocean. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
10. International Shipping - Who levels the playing field?
- Author
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Emilie Yliheljo, Ellen Eftestöl-Wilhelmsson, Bal, Abhinayan Basu, Rajput, Trisha, Argüello, Gabriela, Langlet, David, Faculty of Law, and Helsinki Institute of Sustainability Science (HELSUS)
- Subjects
513 Law - Abstract
International shipping is subject to many different rules and regulations, which together frame the market conditions of the industry. Framing a coherent – or level – playing field for an industry that by nature is truly international, is not an easy task. By tradition the International Maritime Organisation IMO is the main regulator of international shipping. In the resent years IMO has faced regulatory competition from the European Union (EU). The EU has as a result of what it considers lack of success on the international regulatory arena, itself tried to solve regulatory gaps by preparing regional solutions to identified regulatory needs. The Chapter outlines the interplay between the two organisations as regards GHG emissions from international shipping, asking whether or not a Brussels Effect on the rules and regulations in this area can be observed.
- Published
- 2022
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