Maritime Safety Law and Policies of the European Union and by Iliana Christodoulou-Varotsi PDF

By Iliana Christodoulou-Varotsi

The foreign Maritime association (IMO), because the United international locations really expert service provider answerable for the rules of transport engaged in overseas alternate from the issues of view of maritime safeguard and the prevention and regulate of pol- tion by means of ships, acknowledges that those pursuits can simply be successfully completed if each hyperlink within the corresponding chain of accountability meets totally its obli- tions. Flag, port and coastal States, in addition to the transport itself, all have roles to play in jointly enhancing security and retaining the surroundings, either marine and atmospheric, in the course of the improvement, adoption, and uniform imp- mentation and enforcement of, worldwide criteria. during this ebook, Dr. Christodoulou-Varotsi units out to discover the level to which the activities of the ecu Union and the U.S., because the major originators of excessive criteria in those fields, represent a paradigm to the remainder of the inter- tional maritime group. during this regard, whereas underscoring the necessity for a - listic, multilateral method of maritime legislation – as epitomized through the paintings of IMO – the writer explores how criteria can be better by using unilateral action.

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With regard to maritime safety in particular, as mentioned above, since the Treaty of Maastricht (1992) there is a specific provision in the EC Treaty referring to the safety of transport as a goal of EC action. Article 71(1)(c) has been explored by the European Commission in view of the elaboration of the common shipping policy on safety at sea. It was only in the 90s that the European Commission expressed, notably through the Communication on Safe Seas, a clear intention to explore safety at sea further 136.

Unilateralism is likely to exercise some pressure on the international system in order to accelerate changes at the international fora, sometimes in the direction of a more stringent or a more specifically-oriented maritime safety norm to be adopted. Unilateralism may also be used as a tool aiming at covering existing legislative gaps, often revealed in the light of marine casualties, in a more expeditious way than at the international level. According to academia, “international law defines this concept [of unilateralism] as the display of a State will to carry out certain legal acts, generating standards that form part of the legal system and produce limited effects”121.

The Supplementary Fund Protocol (Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1. The EU “Common Maritime Transport Policy“ 35 The latest developments include Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements168, and EU Council Framework Decision 2005/667/JHA for the enforcement of the law against ship-source pollution169. These instruments constitute, to a certain extent, a selective approach to MARPOL 73/78, which leaves the adoption of appropriate sanctions at the discretion of Member States.

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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

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