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BL
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| Record Number
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864787
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| Title & Author
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Regulatory gaps in Baltic Sea governance : : selected issues /\ Henrik Ringbom, editor.
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| Publication Statement
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Cham, Switzerland :: Springer,, [2018]
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, ©2018
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| Series Statement
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MARE publication series ;; no. 18
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| Page. NO
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1 online resource
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| ISBN
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3319750704
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: 9783319750705
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3319750690
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9783319750699
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| Bibliographies/Indexes
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Includes bibliographical references and index.
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| Contents
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Intro; Series Foreword; Preface; Contents; Chapter 1: Introduction; Chapter 2: Gaps in Baltic Sea Maritime Boundaries; 2.1 Introduction; 2.2 Applicable Primary Sources and Legal Principles; 2.3 Existing Maritime Delimitation Agreements in the Baltic Sea; 2.3.1 New Agreements; 2.3.2 Existing Agreements; 2.4 Remaining Gaps; 2.4.1 One of the Required Bilateral Agreements Is Missing; 2.4.1.1 One of the Required Bilateral Agreements Has Been Signed, But Not Ratified; 2.4.1.2 All Required Bilateral Agreements Have Been Duly Signed and Ratified; 2.5 Conclusions
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4.2 Purpose, Aim and Outline4.3 The Ecosystem Approach; 4.4 The Regulatory Instruments; 4.4.1 General Regulatory Aim and Design; 4.4.2 Legal Status and Requirements; 4.4.3 Integrating the Concept of Ecosystem Approach; 4.5 Flexible Legal Approaches; 4.5.1 Background to Integrating the Ecosystem Approach; 4.5.2 Regulatory Approaches; 4.6 Enforcement and Goal Achievement; 4.6.1 Assessing Compliance; 4.6.2 Supervision and Control; 4.6.3 Compliance Review and Processes; 4.6.4 Judgments; 4.6.5 Managerial Process; 4.7 Conclusions
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5.4.2.2 Directive 2008/56/EC Establishing a Framework for Community Action in the Field of Marine Environmental Policy -- (MSFD)5.4.2.3 Regulation (EC) No 1907/2006 Concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals -- (REACH); 5.4.2.4 Regulation (EU) No 528/2012 Concerning the Making Available on the Market and the Use of Biocidal Products -- (BPR); 5.4.2.5 Regulation (EC) No 1107/2009 Concerning the Placing of Plant Protection Products on the Market -- (PPR)
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Chapter 3: Straits in the Baltic Sea: What Passage Rights Apply?3.1 Introduction; 3.2 The Law Prior to UNCLOS; 3.3 The 1982 UNCLOS Regime of Passage Through Straits Used for International Navigation; 3.3.1 Transit Passage; 3.3.2 Exceptions; 3.3.3 Innocent Passage vs. Transit Passage; 3.4 The Major Baltic Sea Straits; 3.4.1 The Åland Strait; 3.4.2 The Danish Straits; 3.5 Interpretive Positions Regarding Art. 35 (c); 3.6 Conclusions; Chapter 4: Regulating Eutrophication -- Flexible Legal Approaches and Environmental Governance in the Baltic Sea Area; 4.1 Introduction
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Chapter 5: The Lack of Regulation of Chemical Mixtures and Its Legal Consequences in the Baltic Sea Area5.1 Introduction -- A World of Chemicals; 5.2 The Baltic Sea -- One of the Most Polluted Sea Area in the World; 5.3 A Conceptual Introduction; 5.4 Current Policies and Legislation Related to the Combination Effects of Chemicals; 5.4.1 International Regulation in Relation to the Baltic Sea; 5.4.2 EU Legislation Relating to the Combination Effects of Chemicals in the Sea; 5.4.2.1 Directive 2000/60/EC Establishing a Framework for Community Action in the Field of Water Policy -- (WFD)
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| Abstract
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The focus of this publication is the uniqueness of the Baltic Sea from a legal perspective, and the regulatory voids that result from the multiple layers of regulation this area is subjected to: up to six layers of regulation (general international law, regional conventions, EU law, national laws, local and municipal rules plus a whole range of non-binding norms and other 'soft law' arrangements) act in parallel. However, a large number of rules or regulatory layers does not in itself ensure effectiveness or consistency. When the regulatory landscape is approached from the point of view of individual substantive topics, it is apparent that the norms of different regulatory layers entail both overlaps, gaps and uncertainties, differently for each topic. This publication addresses a selection of topics that are decidedly international in nature, but for which current international and EU rules include important gaps or uncertainties. In addition to presenting a set of legal analyses of topical issues for the region, which in itself is a meritorious objective in view of the relative scarcity of legal studies with a focus on the Baltic Sea, the publication also seeks to analyze the regulatory 'anatomy' of the selected issues in more detail. Through the legal analyses the chapters explore how regulatory gaps are formed, how they are filled, how the rules of the different layers work together and interact with each other in the selected areas. Accordingly, the secondary ambition is to explore, through the chapters, whether more general conclusions can be drawn about the nature of the regulatory gaps and multi-layerism in order to produce a better understanding of how regulations on multiple levels operate in practice.
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| Subject
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Environment law.
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HISTORY-- Europe-- Eastern.
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HISTORY-- Europe-- Former Soviet Republics.
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HISTORY-- Europe-- Russia the Former Soviet Union.
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International environmental law.
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International law.
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Limnology (freshwater)
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Politics and government.
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Public international law.
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Baltic States, Politics and government.
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Baltic States.
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| Dewey Classification
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947.9
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| LC Classification
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JN6729
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| Added Entry
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Ringbom, Henrik
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