DOI: 10.1016/j.marpolbul.2016.06.074
Scopus记录号: 2-s2.0-85000460246
论文题名: Is climate change an unforeseen, irresistible and external factor – A force majeure in marine environmental law?
作者: Saul R. ; Barnes R. ; Elliott M.
刊名: Marine Pollution Bulletin
ISSN: 0025-326X
EISSN: 1879-3363
出版年: 2016
卷: 113, 期: 2018-01-02 起始页码: 25
结束页码: 35
语种: 英语
英文关键词: Acts of God
; EU Marine Strategy Framework Directive
; Good Environmental Status
; Moving baselines
Scopus关键词: Environmental protection
; Environmental regulations
; Laws and legislation
; Sea level
; Acts of God
; Environmental law
; External factors
; Good environmental status
; Marine strategy framework directive(MSFD)
; Marine strategy framework directives
; Moving baselines
; Temperature elevation
; Climate change
; climate change
; environmental legislation
; European Union
; marine environment
; marine policy
; water management
; climate change
; human
; law
; probability
; sea level rise
; ecosystem
; environmental policy
; environmental protection
; European Union
; legislation and jurisprudence
; procedures
; sea
; water pollution
; Climate Change
; Conservation of Natural Resources
; Ecosystem
; Environmental Policy
; European Union
; Oceans and Seas
; Water Pollution
Scopus学科分类: Agricultural and Biological Sciences: Aquatic Science
; Earth and Planetary Sciences: Oceanography
; Environmental Science: Pollution
英文摘要: Several environmental laws include provisions on natural causes or force majeure, which except States from their commitments if it can be proven that the failure to meet the commitment is due to factors outside their control. The European Union Marine Strategy Framework Directive (MSFD) has a pivotal role in managing EU marine waters. This paper analyses natural causes and force majeure provisions of the MFSD and other marine legislation, and addresses their interaction with climate change and its consequences, especially the effect on the obligation of ensuring seas are in Good Environmental Status. Climate change is an exogenic unmanaged pressure in that it emanates from outside the area being managed but in which the management authority has to respond to the consequences of climate change, such as sea level rise and temperature elevation, rather than its causes. It is suggested that a defence by a Member State of force majeure may be accepted if an event was proven to be due to an externality of control, irresistible and unforeseeable. The analysis contends that countering such a legal defence would centre on the fact that climate change is a well-accepted phenomenon, is foreseen with an accepted level of confidence and probability and is due to human actions. However, as yet, this has not been legally tested. © 2016 Elsevier Ltd Citation statistics:
资源类型: 期刊论文
标识符: http://119.78.100.158/handle/2HF3EXSE/86611
Appears in Collections: 过去全球变化的重建 全球变化的国际研究计划
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作者单位: Institute of Estuarine & Coastal Studies (IECS), University of Hull, Hull, United Kingdom; The Law School, University of Hull, Hull, United Kingdom
Recommended Citation:
Saul R.,Barnes R.,Elliott M.. Is climate change an unforeseen, irresistible and external factor – A force majeure in marine environmental law?[J]. Marine Pollution Bulletin,2016-01-01,113(2018-01-02)