The problem of alien species as a consequence of ships` ballast water

Abstract

This thesis deals with the problem of alien species as introduced from ships` ballast water. Despite the fact that ballast water is essential for the stability of the ship, throughout the process of the intake of ballast water, a number of alien species may end up in the ship`s ballast tanks. Consequently, upon discharge at the next port of call, alien species have the potential of giving rise to a number of adverse impacts rendering the problem at hand one of the greatest threats to the world`s oceans. In response to such a devastating problem, a number of binding and non-binding international legal instruments have been enacted throughout the years in order to combat the threat posed by alien species as a consequence of ships` ballast water. However, these legal instruments have a number of lacunae and are inadequate to address the problem in question as they do not provide specific enforcement rules or regulatory mechanisms to deal with the problem of alien species as introduced via the ballast water of shipping. Eventually, the Ballast Water Management Convention (BWM Convention) was enacted as the first international Convention that specifically intends to prevent, control, and ultimately eradicate the introduction and spread of alien species as introduced from ships` ballast water. Nevertheless, to date, the Convention has not been ratified by all states due to a number of challenges that may hinder its implementation once it enters into force. Ultimately, the Convention is fundamental in that once it enters into force and its objectives are realised, it would provide a useful framework by establishing uniform and standard rules which are specifically directed towards combating the threat posed by alien species as a consequence of ships` ballast water.