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Author: Henrik Ringbom
Publisher: BRILL
ISBN: 9004168966
Category : Law
Languages : en
Pages : 621
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Book Description
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: Henrik Ringbom
Publisher: BRILL
ISBN: 9004168966
Category : Law
Languages : en
Pages : 621
Get Book Here
Book Description
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: Justyna Nawrot
Publisher: Taylor & Francis
ISBN: 1000245942
Category : Law
Languages : en
Pages : 274
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Book Description
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: Henrik Ringbom
Publisher: BRILL
ISBN: 9047444965
Category : Law
Languages : en
Pages : 620
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Book Description
This book offers a comprehensive international law analysis of the European Union’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: Ingvild Ulrikke Jakobsen
Publisher: BRILL
ISBN: 9004324089
Category : Law
Languages : en
Pages : 451
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Book Description
Marine Protected Areas in International law – an Arctic perspective, introduces and analyzes the legal rights and obligations of states under international law, using Marine Protected Areas (MPAs) as a tool to protect marine biodiversity. The fragile Arctic marine environment is under growing pressure from climate change and the prospect of increasing human activity affecting previously untouched areas. The conservation of Arctic marine biodiversity is a pressing and global concern, not least because the melting of sea ice will have widespread effects. By analyzing regional cooperation through the OSPAR Convention and under the Arctic Council, Jakobsen examines the implementation of the global legal framework for biodiversity protection and conservation in the Arctic. The book has a particular focus on the possibilities of the states to regulate shipping within the MPAs, as the increasing shipping activities represent a major threat to the sensitive marine Arctic.
Author: Ketil Djønne
Publisher: Springer Nature
ISBN: 303138945X
Category : Business & Economics
Languages : en
Pages : 247
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Book Description
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: Allan Rosas
Publisher: Bloomsbury Publishing
ISBN: 1509956263
Category : Law
Languages : en
Pages : 289
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Book Description
This book explores the role of the European Union (EU) in the cooperation and regulation of the Baltic Sea Region (BSR), from both an institutional and substantive perspective. It particularly focuses on the role of the Union in advancing the broader marine governance framework in the region. Questions investigated include: in what way does the Union participate in, or otherwise influence, the activities of States, international organisations and other actors involved in BSR cooperation and regulation, and what is the importance and substantive outcome of the Union's specific role in this respect? How has the membership of eight out of nine Baltic Sea coastal States in the EU affected cooperation in the region, in terms of substance as well as procedure, and what is the influence of the BSR over the EU? These questions are discussed from different perspectives by leading experts in both the fields of EU law and the law of the BSR.
Author: Eric Van Hooydonk
Publisher: Taylor & Francis
ISBN: 100034150X
Category : Law
Languages : en
Pages : 438
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Book Description
The need for specific legal arrangements governing ships in distress and places of refuge is one of the most topical problems in both public and private maritime law. The headline grabbing shipping disasters involving the loss of the Erika (1999) and the Prestige (2002) attracted the attention of the IMO, the Comité Maritime International, the European Union, national maritime authorities around the globe and the maritime industry in general. Ultimately the impact of pollution on local economies and the environment was enough to arouse the concern of a broad swathe of public opinion. Places of Refuge provides clarity on: • The scope of the right of access • The conditions under which coastal authorities may deny access • The liability of authorities granting or denying access • The basis and the conditions of financial securities • The obligation to establish contingency plans
Author: Bevan Marten
Publisher: Springer Science & Business Media
ISBN: 3319003518
Category : Law
Languages : en
Pages : 282
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Book Description
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: James Kraska
Publisher: Martinus Nijhoff Publishers
ISBN: 9004233571
Category : Law
Languages : en
Pages : 965
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Book Description
International Maritime Security Law by James Kraska and Raul Pedrozo defines an emerging interdisciplinary field of law and policy comprised of norms, legal regimes, and rules to address today's hybrid threats to the global order of the oceans. Worldwide shipping commerce, fishing fleets, pleasure craft, and coastal states are exposed to the menace of offshore terrorism, weapons of mass destruction, piracy, smuggling, robbery, marine insurgency and anti-access threats. Land-based institutions and maritime constabulary forces operate within an increasingly integrated network that blends elements of humanitarian law, human rights law, criminal law, and law of the sea, with inspection regimes, commercial enterprise, and marine safety and environmental stewardship. The new authorities fuse together a global maritime partnership among states, international organizations and commercial interests to protect the maritime commons from the most dangerous risks and hazards.
Author: Urs Daniel Engels
Publisher: Springer Science & Business Media
ISBN: 3642355978
Category : Law
Languages : en
Pages : 328
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Book Description
This study provides an in-depth analysis of the Hong Kong Ship Recycling Convention as adopted in May 2009 and a thorough analysis of the overall status quo of ship recycling regulations. It investigates the lack of sufficient ratifications of the Convention from both a legal and an economic perspective. The first part of the study focuses on the history of the Convention’s entry-into-force provision and the rationale behind it. Due to the fact that this provision provides a considerable additional obstacle to the Convention’s becoming legally binding, in the second part the focus of the work shifts to unilateral action in this field. An overview of the legal environment of European ship recycling legislation is followed by an analysis and evaluation of a number of proposals by the European Commission attempting to tackle the problems of current ship recycling procedures. With a particular emphasis on (planned) European measures in this regard, the analysis’ overall message is one of cautious optimism.
