2020 Fiscal Year Annual Research Report
Making the International Shipping Law for the Marine Environment: From the Perspective of non-State Actors
| Project/Area Number |
20J12416
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| Research Institution | Kyoto University |
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Principal Investigator |
李 中雨 京都大学, 法学研究科, 特別研究員(DC2)
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| Project Period (FY) |
2020-04-24 – 2022-03-31
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| Keywords | IMO / maritime industry / classification societies / ballast water management / autonomous shipping / seafarers / crew change |
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| Outline of Annual Research Achievements |
As this research centres on the law-making activities on marine environmental protection within the International Maritime Organization, a general review of all IMO conventions in force and resolutions in this regard as well as the specific role(s) of non-State actors in developing these instruments have been accomplished in the first year of DC2.
In addition, this research has also looked into other recent maritime issues, for example autonomous shipping and crew change crisis which draws some comparative analysis to environmental protection, highlighting the initiatives of these industrial actors given States’ inability and unwillingness. Part of the research has been presented both in Japan and other countries (UK and the Netherlands online) and in the process of publication.
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| Current Status of Research Progress |
Current Status of Research Progress
2: Research has progressed on the whole more than it was originally planned.
Reason
As a result of the pandemic, decisions at international organizations were delayed while field research and interviews have proved impossible, these circumstances have to some degree affected the progress of this research.
However, as this research primarily relies on documentary studies, it has managed to switch the focus to currently available documents online, collecting relevant information and making preliminary observations on their face.
After identifying several typical examples supporting the present research, some interesting observations have been drawn successfully. Nevertheless, as priority shall also be given to coherence and originality in PhD thesis, this research will further develop its theoretical analysis based on a more critical thinking of existing literature.
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| Strategy for Future Research Activity |
In view of re-construing the relationship among States, the IMO and non-State actors, the present research wishes to furnish the details with plausible and valid arguments. In order to do so, not only the observation of interaction between private standards and public international law will be strengthened by critical understanding of theories, but real practice among States will be looked into, namely whether these private standards in question have been accepted by States, and how these private instruments have actually influenced the implementation and enforcement of international obligations of States.
It is hoped that a logical conclusion could be drawn in the end incorporating observations and critical analysis on the basis of international law.
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