Papers by Shams Al Hajjaji
The International Legal Framework for Area-Based Marine Management Tools
Area-based management tools (ABMTs) for the marine realm can comprise a multitude of different co... more Area-based management tools (ABMTs) for the marine realm can comprise a multitude of different concepts. They have in common that their main purpose is the conservation of the marine environment and the balancing of different ocean uses. Although marine protected areas (MPAs) are a widely discussed concept and part of ABMTs, the latter term goes further. This is exemplified by the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) that includes a definition of ABMTs. Many such tools address specific human ocean uses in a geographically defined area, for example, shipping, fisheries, seabed mining, and other resource extraction. Others are designed to be cross-sectoral and pursue a broader objective such as balancing (all) relevant uses as part of marine spatial planning or more comprehensive protection of biological diversity. This chapter focuses upon international legal agreements that employ area-based management which addresses or potentially affects shipping to explore and compare their scope and purposes. This includes treaties with a global scope (e.g., UNCLOS, MARPOL, SOLAS, BBNJ Agreement) but also some regionally limited instruments (e.g., regional fisheries agreements). One of the leading questions is to what extent the international legal framework on ABMTs is set up in a coherent manner or whether-due to different purposes of ABMTs from different agreements and disconnection-it places burdens upon the shipping sector that are not necessarily justified to enhance sustainability in ocean governance.
Area-based management tools (ABMTs) for the marine realm can comprise a multitude of different co... more Area-based management tools (ABMTs) for the marine realm can comprise a multitude of different concepts. They have in common that their main purpose is the conservation of the marine environment and the balancing of different ocean uses. Although marine protected areas (MPAs) are a widely discussed concept and part of ABMTs, the latter term goes further. This is exemplified by the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) that includes a definition of ABMTs. Many such tools address specific human ocean uses in a geographically defined area, for example, shipping, fisheries, seabed mining, and other resource extraction. Others are designed to be cross-sectoral and pursue a broader objective such as balancing (all) relevant uses as part of marine spatial planning or more comprehensive protection of biological diversity. This chapter focuses upon international legal agreements that employ area-based management which addresses or potentially affects shipping to explore and compare their scope and purposes. This includes treaties with a global scope (e.g., UNCLOS, MARPOL, SOLAS, BBNJ Agreement) but also some regionally limited instruments (e.g., regional fisheries agreements). One of the leading questions is to what extent the international legal framework on ABMTs is set up in a coherent manner or whether-due to different purposes of ABMTs from different agreements and disconnection-it places burdens upon the shipping sector that are not necessarily justified to enhance sustainability in ocean governance.
This research argues that Muslim scholars developed two theories of government over time. Even to... more This research argues that Muslim scholars developed two theories of government over time. Even tough Islamic scholars-Shia and Sunni-agree on mandating the highest level of legal knowledge in any member of the Islamic government, they disagree on the legal nature of these members, whether they are judges, or jurists. Shia Islamic scholars adopted the theory of the guardianship of the jurist (Wilayat al-Faqih in Arabic, or Vilayat e-Faqih in Farsi). Unlike Sunni scholars, the Shia has developed a practical approach to apply their theory of government in practice. A prominent example of this theory is the Iranian practice of the Guardianship of the Jurist Theory. Sunni Islamic scholars adopt the theory of government by judiciary (Wilayat Al-Qadi). The assumption of this theory is that member of the government are judges. This is based on the assumption that Prophet Mohamed was a judge with enumerated executive authorities, namely the collection of Sadaqat (state financial revenue), military power, and foreign affairs' representation. This theory has never been in practice since the assassination of the first four successors of the Prophet. This research is divided into three major sections. The first deals with the theory of Sunni-Muslim scholars, which is government by judiciary. The second section presents the theory of Shia-Muslim scholars, which is guardianship of the jurist. The last section deals with the major five distinctions between the two theories.
According to the findings of this study, nations should adopt uniform regulations regarding the d... more According to the findings of this study, nations should adopt uniform regulations regarding the discharge of washwater from exhaust gas cleaning systems into their ports, territories, and Exclusive Economic Zones. Scrubbers are used by ships to reduce their emissions of greenhouse gases so they can adhere to the International Maritime Organization's limit on the sulfur content of ship fuel. The global upper limit was 0.5% in January 2020. Scrubber washwater is discharged into the ocean by ships. Toxic substances are present in the washwater for the scrubbers. The level of washwater for the scrubbers is governed by the 2008 and 2015 Guidelines for the Exhaust Gas Cleaning Systems. Regarding the washwater from the scrubbers' effects on the marine environment and people's health, there still is some uncertainty. The national level is also affected by this uncertainty. Currently, there are three main ways that nations implement policies for the use of scrubbers in their jurisdiction. First are nations like Egypt and Qatar, that have enacted outright bans on using scrubbers in their territorial waters. The second category consists of nations that only partially permit the use of scrubbers. Two different variations exist for this partial prohibition of scrubbers. First, nations restrict the use of scrubbers in specific internal water areas (Germany), or ports (Sweden and Finland). The second option for a partial prohibition (Argentina, China, and France) is to outlaw certain discharge and disposal methods involving open loops. The third and final category consists of countries that do not regulate the discharge of scrubbers. These nations either rely on the general legal regulations concerning ship pollution (Article 192-237 of the UNCLOS), or they adopt a complete permission standard for the discharge of scrubbers in their water. There are three Parts to this research paper. In particular, the transboundary harm of the washwater from the scrubbers is discussed in the first Part of the essay, along with who is responsible for conducting the investigation. Three key players in the marine environment are recognized by the UNCLOS. These actors are the flag state, the port state, and the coastal state, and this Part includes a discussion of each of their functions. In light of the growing number of nations regulating scrubbers' washwater, it also discusses ways to harmonize their actions. The second Part covers the legal frameworks that the national regulatory body has adopted in relation to the washwater used by scrubbers. These four
The relation between economic and international laws is relatively new. The economic approach of ... more The relation between economic and international laws is relatively new. The economic approach of international law is based on two assumptions. Firstly, that states are rational in dealing with international problems. 1 They attempt to drawmaximum benefit from international cooperation. 2 Secondly, that the eternal problem of international law is that of enforcement. 3 The economic solution is sometimes the best mechanism to solve such issues. Thus, international law must be self-enforcing. 4 In the field of international environmental law, disputes can take many forms: Firstly, it may be connected to harm from pollutionbya state ontoa neighboring state, as inTrail Smelter. Secondly, it may involve territorial water or land disputes, where there is an economic benefit to such territory like in the Continental Shelf. Thirdly, environmental law disputes could be over non-navigational uses of international watercourses such as in Gabcikovo-Nagymaros. Conversely, the economic analysis takes a different approach than the harm approach used in environmental law. The economic analysis approach analyzes the law based on the various brancheslike criminal, tort, contract, and property law-rather than the type of the damage incurred. This paper is not concerned with the type of dispute; it is rather concerned withdispute resolution techniques, whether the environment was the main issue, or it was one of its causes. This research argues that the economic approach to international law could be whatinternational judgesshould use to resolve disputes. The judgeshould take into consideration not only the environmental harm, but also the
Elem Sci Anth
Shipping is the cornerstone of international trade and thus a critical economic sector. However, ... more Shipping is the cornerstone of international trade and thus a critical economic sector. However, ships predominantly use fossil fuels for propulsion and electricity generation, which emit greenhouse gases such as carbon dioxide and methane, and air pollutants such as particulate matter, sulfur oxides, nitrogen oxides, and volatile organic compounds. The availability of Automatic Information System (AIS) data has helped to improve the emission inventories of air pollutants from ship stacks. Recent laboratory, shipborne, satellite and modeling studies provided convincing evidence that ship-emitted air pollutants have significant impacts on atmospheric chemistry, clouds, and ocean biogeochemistry. The need to improve air quality to protect human health and to mitigate climate change has driven a series of regulations at international, national, and local levels, leading to rapid energy and technology transitions. This resulted in major changes in air emissions from shipping with implic...
Challenges of Democracy in Egypt after Mubarak
Water Scarcity in California: The Effect of Internal Migration on Environmental Sustainability
Witness, Testimony, and Perjury in Egyptian Legal System
Government in Islam and its application in Saudi Arabia and Iran
for their helpful and constructive comments, and my wife for her continuous help and support.
overnment by Judiciary in Islam: Islamic Theory and Mal/Practice of Muslim Governments (Turkey, Saudi Arabia, Egypt and Morocco)
Judicial Accountability in Egypt
Legal Pluralism in Islamic Jurisprudence; Theory and Practice
The Refugees and Article 56 of the 1971 Constitution
Nuclear Energy for Peaceful Purposes
Temporary Detention in Constitutional Law and Islamic Sharia
Legal Status of Somali Piracy
Government by Judiciary in Islam: Islamic Theory of Government and Mal/Practice of Muslim Governments (Turkey, Saudi Arabia, Egypt and Morocco)
California Western international law journal, 2018
This paper argues that judicial independence role in Egypt lacks any form of checks and balance, ... more This paper argues that judicial independence role in Egypt lacks any form of checks and balance, which reinstatethe role ofjudicial autonomy over judicial independence. The judicial independence is a debatable issue in the contem- porary history in Egypt. Judges, lawyers, and activist calledfor judicial reform after the success of the 2011 Revolution. In response, the paper presents the concept ofjudicialindependence in Egypt, which reflects an understandingof autonomy rather than independence. More specifically, there is a clear lack of understandingofchecks-and-balancesin theoryandpracticeofjudicialinde- pendence. In this regard, the question ofseparationofpowers and between the judiciary, the legislative and the executive imposes a callfor reform for the role of the Minister of Justice, the JudicialInspection Department, and the president of the primary court over judges. For that matter, this paper answers several questions regardingtheformulation, organization,and separationofp...
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Papers by Shams Al Hajjaji