The Eu Maritime Safety Policy And International Law

Author : Henrik Ringbom
Publisher : BRILL
Page : 621 pages
File Size : 48,7 Mb
Release : 2008
Category : Law
ISBN : 9789004168961

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European Union Maritime Safety Policy and International Law by Henrik Ringbom Pdf

This book offers a comprehensive international law analysis of the European Uniona (TM)s maritime safety legislation. This is a relatively novel field of activity of the EU, but its development has been very rapid. Since 1993, over 40 acts of EU law have been adopted, dealing with a variety of subjects, such as port State control, classification societies, vessel traffic management, ship construction, environmental protection and pollution sanctions. This legislation is analysed from the point of international law, notably the law of the sea and the international maritime conventions. Regional legislation in a field that is traditionally regulated primarily by means of international conventions is bound to create tensions with the related international conventions and with well-established principles of international law. This study assesses how the EU has acted as a flag State, port State and coastal State and measures the trends in this development against the international legal framework. More detailed legal analyses are offered for specific aspects of EU legislation that are considered to be particularly interesting from an international law point of view. The relationship between EU law and international law within the internal EU legal system is also analysed from the specific perspective of maritime safety law.

Author : Iliana Christodoulou-Varotsi
Publisher : Springer Science & Business Media
Page : 171 pages
File Size : 52,6 Mb
Release : 2008-12-18
Category : Law
ISBN : 9783540698746

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Maritime Safety Law and Policies of the European Union and the United States of America: Antagonism or Synergy? by Iliana Christodoulou-Varotsi Pdf

The International Maritime Organization (IMO), as the United Nations specialized agency responsible for the regulation of shipping engaged in international trade from the points of view of maritime safety and the prevention and control of pol- tion by ships, recognizes that these goals can only be effectively achieved if each and every link in the corresponding chain of responsibility meets fully its obli- tions. Flag, port and coastal States, as well as the shipping industry itself, all have roles to play in collectively improving safety and protecting the environment, both marine and atmospheric, through the development, adoption, and uniform imp- mentation and enforcement of, global standards. In this book, Dr. Christodoulou-Varotsi sets out to explore the extent to which the actions of the European Union and the United States, as the main originators of high standards in these fields, constitute a paradigm to the rest of the inter- tional maritime community. In this regard, while underscoring the need for a - listic, multilateral approach to maritime regulation – as epitomized by the work of IMO – the author explores how standards could be enhanced through the use of unilateral action.

Author : Justyna Nawrot,Zuzanna Pepłowska-Dąbrowska
Publisher : Taylor & Francis
Page : 256 pages
File Size : 50,5 Mb
Release : 2020-12-23
Category : Law
ISBN : 9781000245943

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Maritime Safety in Europe by Justyna Nawrot,Zuzanna Pepłowska-Dąbrowska Pdf

The book is concerned with the harmonisation of maritime safety legal systems in Europe. It describes maritime safety legal systems in selected European countries as well as maritime safety issues from the perspective of the International Maritime Organisation, European Union, and European Free Trade Association. Distinguished scholars from Europe's leading maritime law academic centres present national perspectives of maritime safety systems, questioning whether the adopted national solutions guarantee the compatibility with IMO and EU legal regime, as well as assessing the global and EU system. Moreover, the book seeks to provide some answers as to whether the IMO goals on maritime safety are adequate in light of current safety challenges and how to achieve higher level of enforcement of internationally-recognised maritime safety standards. It will be of great assistance to those readers who need to familiarize themselves with current problems inherent in maritime safety, whether that be lawyers, scholars, professional mariners, or national institutions. Chapter 14 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Author : Sophia Milusheva
Publisher : GRIN Verlag
Page : 21 pages
File Size : 44,7 Mb
Release : 2021-04-13
Category : Law
ISBN : 9783346386588

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The European Union in the International Maritime Organization. Which Role Should the EU Play? by Sophia Milusheva Pdf

Seminar paper from the year 2020 in the subject Law - European and International Law, Intellectual Properties, grade: 19/20, Sciences Po., Paris, course: Law of external relations of the EU, language: English, abstract: It is clear to the EU that shipping is an activity of international nature that requires intensive communication between involved parties and thus cannot be managed well by a single country. Following, the increasing involvement of the EU in the IMO has to be recognized and investigated. It should be considered which role the EU should play in the IMO, and how this role and expectations thereof have evolved over the years. To explore this, this paper firstly lays out the shipping policies of the IMO and the EU, before moving to the position that the EU holds within the IMO through its status and participation. Then, a timeline of the Commission’s attempts of obtaining a full membership is explored, explaining international and Member States’ responses. Finally, the paper explicitly addresses the legal challenges of reaching a full EU membership and elaborates on the duty of loyalty. The paper finds out that there are both advantages and disadvantages of an EU membership in the IMO through the Commission, and suggests that instead, a reinforced coordination between the EU and its Member States might be the better and more realistic solution for the EU/IMO relationship. The European Union made out of its 27 Member States spreads over 70,000 km along fours seas and two oceans. 41% of the world’s fleet is controlled by European companies. The EU plays a crucial role in the shipping world, and is responsible for ensuring the sustainability of the marine environment in order for its sea-related companies to be competitive and thrive. Another entity that shares these responsibilities of “safe, secure and efficient shipping on clean oceans” is the UN’s International Maritime Organization, established in 1948. Albeit its significant role in international maritime decision-making, the EU is not a member of the IMO, as membership is reserved for states only. The EU possesses the most advanced and comprehensive regulatory framework for shipping worldwide – the 3rd Maritime Safety Package. However, internationally an opinion has been formed that the EU’s approach is rather regional and unilateral and could thus possibly undermine the authority of international law.

Author : Peter Ehlers,Rainer Lagoni
Publisher : LIT Verlag Münster
Page : 236 pages
File Size : 55,7 Mb
Release : 2008
Category : Maritime law
ISBN : 9783825814809

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Enforcement of International and EU Law in Maritime Affairs by Peter Ehlers,Rainer Lagoni Pdf

Ocean governance has its legal basis in the United Nations Convention on the Law of the Sea and in numerous international maritime conventions. These rules help to balance conflicting interests in the uses of the oceans and seas and the protection and preservation of the marine environment. Their efficiency depends, however, on their enforcement. In 2007 Prof. Dr. Dr. h.c. Peter Ehlers and Prof. Dr. Rainer Lagoni organized a seminar on 'Enforcement of International and EU Law in Maritime Affairs'. Participants were graduate scholars of the International Max Planck Research School for Maritime Affairs (IMPRS) at the University of Hamburg and graduate students. Their papers cover various aspects of enforcement relating to the new Wreck Removal Convention and to rules of the European Union, such as port State control, enforcement measures in fisheries, the European Maritime Safety Agency (EMSA), protection of maritime boundaries and inquiries into maritime casualties. The volume also includes an analysis of the maritime policy of the EU as a new integrated approach to maritime activities.

Author : Henrik Ringbom
Publisher : Martinus Nijhoff Publishing
Page : 454 pages
File Size : 52,9 Mb
Release : 2015-08-20
Category : Law
ISBN : 9004303499

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Jurisdiction Over Ships by Henrik Ringbom Pdf

'Jurisdiction Over Ships' analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. It assesses the convention's continued authority in view of the most recent developments in state practice.

Author : Henrik Ringbom
Publisher : BRILL
Page : 620 pages
File Size : 55,9 Mb
Release : 2008-07-25
Category : Law
ISBN : 9789047444961

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The EU Maritime Safety Policy and International Law by Henrik Ringbom Pdf

This book offers a comprehensive international law analysis of the European Union’s maritime safety legislation.

Author : Jörn-Ahrend Witt
Publisher : LIT Verlag Münster
Page : 370 pages
File Size : 52,7 Mb
Release : 2007
Category : Law of the sea
ISBN : 9783825810566

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Obligations and Control of Flag States by Jörn-Ahrend Witt Pdf

This study gives an overview of the obligations of flag States and the control of their compliance with such obligations. It outlines the main obligations as to maritime safety and security as well as marine pollution prevention under international as well as European law and shows the still existing enforcement deficits vis-a-vis non-complying flag States as well as substandard ships. Some of the main developments to counter these deficits such as the Voluntary Member State Audit Scheme on the IMO level or the Third Maritime Safety Package on the EU level are taken into account.

Author : Peter Ehlers,Rainer Lagoni
Publisher : LIT Verlag Münster
Page : 298 pages
File Size : 51,9 Mb
Release : 2008
Category : Fishery law and legislation
ISBN : 9783825804930

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Maritime Policy of the European Union and Law of the Sea by Peter Ehlers,Rainer Lagoni Pdf

In June 2006 the European Commission published its so-called 'Green Paper' under the title: 'Towards a future Maritime Policy for the Union. A European vision for the oceans and seas.' In February 2006, looking ahead to this emerging vision, Prof. Dr. Dr. h.c. Peter Ehlers and Prof. Dr. Rainer Lagoni organised a seminar on 'Law of the Sea and Maritime Policy of the EC'. Participants were graduate scholars of the International Max Planck Research School for Maritime Affairs (IMPRS) at the University of Hamburg and graduate students. Their papers published here cover various legal and policy issues ranging from the maritime policy of the European Union relating to the 'Erika III Package', EMSA, security for ships and port facilities, the failed Port Package II, different aspects of fisheries management and law to sanctioning violations of MARPOL through criminal law.

Author : Ketil Djønne
Publisher : Springer Nature
Page : 247 pages
File Size : 54,6 Mb
Release : 2023-09-26
Category : Business & Economics
ISBN : 9783031389450

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The Political Economy of Maritime Safety by Ketil Djønne Pdf

This book offers unique insight into the public and private governance of international shipping from the 1970s through to the 2010s. Focusing on the part played by maritime classification societies, it highlights the role played by the European Union during this time and its influence in creating transnational maritime regulations. The emergence of the Treaty of Rome and the European Parliament in enabling market liberalisation within the shipping industry on the one hand and more stringent maritime safety regulation on the other is examined, alongside the common transport policy and enforcement of international maritime rules. Particularly attention is given to the growth of the European Union’s maritime presence, the establishment of the European Maritime Safety Agency, developments in flag state implementation, and relations between the International Maritime Organization and the European Union. This book presents a detailed guide to the European Union’s role as a maritime safety regulator and the impact this has had on the shipping industry and its governance structure. It will be relevant to researchers and policymakers interested in maritime and transport economics as well as to students of European affairs and of international relations.

Author : Henning Jessen,Michael Jürgen Werner
Publisher : Unknown
Page : 128 pages
File Size : 49,8 Mb
Release : 2016
Category : EU Law: Other Areas of Law
ISBN : 3845271876

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EU Maritime Transport Law by Henning Jessen,Michael Jürgen Werner Pdf

Author : Henrik Ringbom
Publisher : Springer
Page : 214 pages
File Size : 47,9 Mb
Release : 2018-04-04
Category : Law
ISBN : 9783319750705

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Regulatory Gaps in Baltic Sea Governance by Henrik Ringbom Pdf

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.

Author : Bevan Marten
Publisher : Springer Science & Business Media
Page : 282 pages
File Size : 49,9 Mb
Release : 2013-08-31
Category : Law
ISBN : 9783319003511

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Port State Jurisdiction and the Regulation of International Merchant Shipping by Bevan Marten Pdf

This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states’ attempts to regulate aspects of a vessel’s structure or equipment, or even certain activities that may take place before a vessel’s arrival in port. The author argues that examples of unilateral measures being imposed by way of port state jurisdiction are growing, and that without active protests from flag states this concept will continue to expand in scope. As international law currently presents very few restrictions on the actions of ambitious port states, such developments may have a significant impact on the future of international maritime regulation.​

Author : Ingvild Ulrikke Jakobsen
Publisher : BRILL
Page : 451 pages
File Size : 55,9 Mb
Release : 2016-08-19
Category : Law
ISBN : 9789004324084

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Marine Protected Areas in International Law by Ingvild Ulrikke Jakobsen Pdf

Marine Protected Areas in International Law – an Arctic perspective by Ingvild Ulrikke Jakobsen, examines the legal rights and obligations of states under international law using Marine Protected Areas to protect marine biodiversity, with a particular emphasis on the Arctic region.

Author : Marianne Riddervold
Publisher : Springer
Page : 240 pages
File Size : 52,9 Mb
Release : 2018-01-18
Category : Political Science
ISBN : 9783319665986

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The Maritime Turn in EU Foreign and Security Policies by Marianne Riddervold Pdf

This book provides the first substantial treatment of the maritime foreign and security policies of the European Union. Its findings add to the literature by a comparative, theoretically informed analysis of EU maritime foreign and security policies across five cases: the EU’s Maritime Security Strategy and action plan; the EU’s two naval missions, Atalanta and Sophia; EU Arctic policies, and; EU policies towards the Maritime Labour Convention. Focusing on the aims, actors and mechanisms of integration in these cases, the book speaks to the three main debates in the literature on EU foreign policy, including whether it has a particular normative dimension that makes it different from foreign policy as it is conventionally understood; the extent to which policy-making in the domain has developed beyond intergovernmental cooperation and, interlinked; how EU foreign and security policy integration and its characteristics can be explained. In doing this, the book also addresses a fourth contemporary scholarly debate linked to if and how the EU is affected by crisis. By focusing on maritime security policies the book also adds to the international relations literature more broadly. This book is an invaluable resource for scholars, students and practitioners interested in EU foreign and security policy, European and global maritime security issues, EU integration, EU crisis and international relations. Marianne Riddervold is an Associate Professor at Inland Norway University of applied sciences, a Senior fellow at UC Berkeley Institute of European Studies and a Guest Researcher at ARENA - Centre for European Studies at the University of Oslo.