Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- Table of Conventions
- Table of European Union Instruments
- Table of IMO Resolutions and Guidelines
- Table of Miscellaneous Instruments
- Table of Domestic Legislation
- Table of Cases (International Courts and Tribunals)
- Abbreviations
- Part A The Regulation of Vessel-Source Pollution in its Eco-Political Context
- 1 Vessel-Source Pollution, the Ecological Imperative and the Compliance Problem
- 2 The Dynamics of the Law-Making Process: Actors, Arenas and Interests
- Part B Vessel-Source Pollution and the International Legislative Process
- Part C The Future of Regulation
- Bibliography
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
2 - The Dynamics of the Law-Making Process: Actors, Arenas and Interests
Published online by Cambridge University Press: 24 July 2009
- Frontmatter
- Contents
- Foreword
- Preface
- Table of Conventions
- Table of European Union Instruments
- Table of IMO Resolutions and Guidelines
- Table of Miscellaneous Instruments
- Table of Domestic Legislation
- Table of Cases (International Courts and Tribunals)
- Abbreviations
- Part A The Regulation of Vessel-Source Pollution in its Eco-Political Context
- 1 Vessel-Source Pollution, the Ecological Imperative and the Compliance Problem
- 2 The Dynamics of the Law-Making Process: Actors, Arenas and Interests
- Part B Vessel-Source Pollution and the International Legislative Process
- Part C The Future of Regulation
- Bibliography
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
Summary
Overview
The regulation of vessel-source pollution fittingly illustrates the roles of law and power in reconciling the interests of diverse political actors. By virtue of its inherently global nature, ocean transport entails the confluence of a number of political, commercial and civic forces, each striving to advance its own agenda. Among the competing interests are the maritime and military actors intent on maintaining freedom of navigation and trade on the oceans; governmental interests seeking to regulate vessel traffic for security, economic and environmental purposes; shipowning, cargo-owning and other shipping-related interests which consistently resist the increased costs of regulation; and domestic lobbies – including the media, environmental groups, local governments, politicians and even individual activists – which campaign for enhanced regulation over shipping.
The interested actors are not necessarily aligned with the states from where they operate or with whom they identify. In other words, the interests of the non-state entities are generally independent of and distinguishable from those of their state hosts even though both parties may try to recruit each other to advance their respective claims. In spite of the non-state actors' increasing influence, states have traditionally been and remain the principal participants in the formal arenas of international decision-making. As such, the instrumentality of the state is invariably used by non-state actors as a means to espouse their demands when their interests coincide with or even dictate those of the state.
- Type
- Chapter
- Information
- Vessel-Source Marine PollutionThe Law and Politics of International Regulation, pp. 29 - 104Publisher: Cambridge University PressPrint publication year: 2005