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Institute for Environmental and Technology Law, Trier, Germany Andreas Zink* Introduction The International Convention on Management and Control of Ships' Ballast Water and Sediments (BWMC 2004)1 was adopted in London on 13 February 2004. Ten years after its adoption, the BWMC 2004 has not yet entered into force.2 The reasons for this delay are manifold,3 and the most recent issues associated with its slow entry into force will be described and analysed in this article. In particular, it will be argued that the international community has developed legal approaches that, in effect, amend in advance of entry into force mandatory provisions that were understood as barriers to ratification. These approaches relate to the need for a more flexible time schedule that * The author is member of the interdisciplinary graduate school, Cooperation of Science and Jurisprudence in Improving Development and Use of Standards for Environmental Protection Strategies for Risk Assessment and Management, funded by the German Science Foundation (DFG, GRK 1319). The research for this article was done during a research visit at the Marine & Environmental Law Institute at Dalhousie University, Halifax, Nova Scotia, Canada, funded by the German Academic Exchange Service. The author would like
Ocean Yearbook Online – Brill
Published: Jan 1, 2015
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