Book Review . . .
Stephanie Showalter, J.D., M.S.E.L.

Coastal State Regulation of International Shipping

Lindy S. Johnson (Oceana 2004)

International shipping poses a significant risk to the world’s oceans and its resources. Think Exxon Valdez or the Prestige. Recognizing this threat, the International Maritime Organization (IMO) and its member states have over the years adopted conventions to protect the marine environment, most recently with regard to invasive species and ballast water. While these international guidelines are extremely important, some environmental problems cry out for a local solution. In Coastal State Regulation of International Shipping, Lindy Johnson examines the conflicts that arise under the 1982 U.N. Law of the Sea Convention (UNCLOS) between a coastal state’s interest in regulating navigation to prevent harm to marine resources and the interest of the shipping industry in remaining free from burdensome regulations.

The authority of a coastal state to prescribe and enforce laws varies among maritime zones. Johnson discusses the options available to coastal states within the maritime zones of the port, the territorial sea, the contiguous zone, and the exclusive economic zone. In general, coastal state authority diminishes as a ship moves away from the coast. For example, a coastal state may take action within its territorial sea to protect its vital interest of sovereignty and security, but states only have sovereign rights in the EEZ for the purposes of exploring, exploiting, conserving, and managing EEZ resources and the economic exploitation and exploration of the EEZ. To illustrate the challenges of prescribing and enforcing domestic laws, as opposed to international rules and standards, Johnson highlights recent actions taken by coastal states, such as the United States and Canada, to address ship strikes of right whales, the unwanted transfer of harmful aquatic organisms through ballast water discharges, and waste water discharges from cruise ships. Johnston also presents case studies of the adoption of a no-anchoring prohibition for Flower Garden Banks National Marine Sanctuary and the single-hull tanker restrictions issued in the wake of the Prestige oil spill.

Coastal State Regulation is not written for a general audience nor is it an introductory text on the Law of the Sea or IMO regulation of international shipping. Readers unfamiliar with UNCLOS may have a difficult time grasping many aspects of Johnson’s analysis. Coastal State Regulation is a text for scholars, attorneys, and other professionals involved with international shipping and environmental policy. Johnson clearly identifies issues that coastal states and policy-makers must be aware of when attempting to regulate international shipping for environment reasons, such as impacts on navigation and enforcement capabilities, and offers several recommendations. In addition, Coastal State Regulation’s annexes contain essential reference material, including the text of pertinent UNCLOS articles, a chronological list of ratifications and accessions, and excerpts of declarations made by states pertaining to the protection of the marine environment and navigation. Coastal State Regulation is a valuable addition to the field.

Coastal State Regulation is the result of Johnson’s experience as an attorney with NOAA General Counsel’s Office of International Law. She is primarily responsible for land- and sea-based sources of marine pollution, marine protected areas, and ship strikes of right whales. The views expressed, however, are those of the author and do no necessarily represent the views of the U.S. Government, the Department of Commerce, and NOAA. Coastal State Regulation is available from Oceana Publications at http://www.oceanalaw.com .