The European Union in the International Maritime Organization. Which Role Should the EU Play?

The European Union in the International Maritime Organization. Which Role Should the EU Play?

Author: Sophia Milusheva

Publisher: GRIN Verlag

Published: 2021-04-13

Total Pages: 21

ISBN-13: 3346386589

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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.


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

Download or read book The European Union in the International Maritime Organization. Which Role Should the EU Play? written by Sophia Milusheva and published by GRIN Verlag. This book was released on 2021-04-13 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Maritime Safety in Europe

Maritime Safety in Europe

Author: Justyna Nawrot

Publisher: Taylor & Francis

Published: 2020-12-23

Total Pages: 256

ISBN-13: 1000245942

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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.


Book Synopsis Maritime Safety in Europe by : Justyna Nawrot

Download or read book Maritime Safety in Europe written by Justyna Nawrot and published by Taylor & Francis. This book was released on 2020-12-23 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Enforcement of International and EU Law in Maritime Affairs

Enforcement of International and EU Law in Maritime Affairs

Author: Peter Ehlers

Publisher: LIT Verlag Münster

Published: 2008

Total Pages: 236

ISBN-13: 3825814807

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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.


Book Synopsis Enforcement of International and EU Law in Maritime Affairs by : Peter Ehlers

Download or read book Enforcement of International and EU Law in Maritime Affairs written by Peter Ehlers and published by LIT Verlag Münster. This book was released on 2008 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


The European Union and the International Maritime Organization

The European Union and the International Maritime Organization

Author: Nengye Liu

Publisher:

Published: 2013

Total Pages: 0

ISBN-13:

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The paper focuses on the relations between the European Union and the International Maritime Organization. First, it briefly describes the framework as well as the impressive development of European law in the field of maritime safety after the “Erika” (1999) and “Prestige” (2002) oil tanker spill disasters, including legal basis, institutions, decision making process and coordination process. Second, the EU's current status in the IMO and incentives for EU's accession to the IMO are discussed. Third, three arguments are provided for keeping the EU as a non-member of the IMO. 1) current practice is successful; 2) The principle of duty of loyalty has been judicialized by the European Court of Justice, which greatly restraints individual action of EU's member states in the IMO; 3) EU's accession to the IMO might result in the loss of flexibility under international law. It concludes that the EU may reinforce internal coordination process instead of joining the IMO to influence international decision making process within the IMO more effectively.


Book Synopsis The European Union and the International Maritime Organization by : Nengye Liu

Download or read book The European Union and the International Maritime Organization written by Nengye Liu and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper focuses on the relations between the European Union and the International Maritime Organization. First, it briefly describes the framework as well as the impressive development of European law in the field of maritime safety after the “Erika” (1999) and “Prestige” (2002) oil tanker spill disasters, including legal basis, institutions, decision making process and coordination process. Second, the EU's current status in the IMO and incentives for EU's accession to the IMO are discussed. Third, three arguments are provided for keeping the EU as a non-member of the IMO. 1) current practice is successful; 2) The principle of duty of loyalty has been judicialized by the European Court of Justice, which greatly restraints individual action of EU's member states in the IMO; 3) EU's accession to the IMO might result in the loss of flexibility under international law. It concludes that the EU may reinforce internal coordination process instead of joining the IMO to influence international decision making process within the IMO more effectively.


The Political Economy of Maritime Safety

The Political Economy of Maritime Safety

Author: Ketil Djønne

Publisher: Springer Nature

Published: 2023-09-26

Total Pages: 247

ISBN-13: 303138945X

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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.


Book Synopsis The Political Economy of Maritime Safety by : Ketil Djønne

Download or read book The Political Economy of Maritime Safety written by Ketil Djønne and published by Springer Nature. This book was released on 2023-09-26 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Jurisdiction over Ships

Jurisdiction over Ships

Author: Henrik Ringbom

Publisher: BRILL

Published: 2015-08-11

Total Pages: 466

ISBN-13: 9004303502

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Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. The Convention’s rules on the rights and obligations of flag states, coastal states and port states, have by and large been accepted and adhered to by states, but the legal regime for the oceans is neither complete nor static, nor was it intended to be so. New issues have surfaced while old issues have changed their character. Developments in law and practice have already resulted in some divergences between the jurisdictional scheme outlined in UNCLOS and how states in reality exercise their jurisdiction over ships. In this book, 18 leading academics in the field study a number of such developments in more detail, providing a practical guide to the state of the law at present while at the same time offering insights into how international law develops in this field.


Book Synopsis Jurisdiction over Ships by : Henrik Ringbom

Download or read book Jurisdiction over Ships written by Henrik Ringbom and published by BRILL. This book was released on 2015-08-11 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. The Convention’s rules on the rights and obligations of flag states, coastal states and port states, have by and large been accepted and adhered to by states, but the legal regime for the oceans is neither complete nor static, nor was it intended to be so. New issues have surfaced while old issues have changed their character. Developments in law and practice have already resulted in some divergences between the jurisdictional scheme outlined in UNCLOS and how states in reality exercise their jurisdiction over ships. In this book, 18 leading academics in the field study a number of such developments in more detail, providing a practical guide to the state of the law at present while at the same time offering insights into how international law develops in this field.


The Development of the EU as a Sea-Policy Actor

The Development of the EU as a Sea-Policy Actor

Author: Finn Laursen

Publisher: Edward Elgar Publishing

Published: 2020-10-30

Total Pages: 240

ISBN-13: 1839101253

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The Development of the EU as a Sea-Policy Actor explores the marine and maritime policies of the European Union (EU), including fisheries, maritime transport, marine environment and maritime safety policies. These policies have made the EU an important sea-policy actor internally and externally.


Book Synopsis The Development of the EU as a Sea-Policy Actor by : Finn Laursen

Download or read book The Development of the EU as a Sea-Policy Actor written by Finn Laursen and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Development of the EU as a Sea-Policy Actor explores the marine and maritime policies of the European Union (EU), including fisheries, maritime transport, marine environment and maritime safety policies. These policies have made the EU an important sea-policy actor internally and externally.


Obligations and Control of Flag States

Obligations and Control of Flag States

Author: Jörn-Ahrend Witt

Publisher: LIT Verlag Münster

Published: 2007

Total Pages: 370

ISBN-13: 3825810569

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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.


Book Synopsis Obligations and Control of Flag States by : Jörn-Ahrend Witt

Download or read book Obligations and Control of Flag States written by Jörn-Ahrend Witt and published by LIT Verlag Münster. This book was released on 2007 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Maritime Transport Policy

Maritime Transport Policy

Author: European Commission. Directorate-General for Energy and Transport

Publisher:

Published: 2006

Total Pages: 24

ISBN-13:

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Recoge: Preface - Maritime transport: a vital sector - Efficient multimodal logistics in Europe - Improving Europe's commercial sea ports - Maritime security: protection - Maritime safety: High standards across the EU - Further information.


Book Synopsis Maritime Transport Policy by : European Commission. Directorate-General for Energy and Transport

Download or read book Maritime Transport Policy written by European Commission. Directorate-General for Energy and Transport and published by . This book was released on 2006 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: Preface - Maritime transport: a vital sector - Efficient multimodal logistics in Europe - Improving Europe's commercial sea ports - Maritime security: protection - Maritime safety: High standards across the EU - Further information.


An Integrated Maritime Policy for the European Union

An Integrated Maritime Policy for the European Union

Author: European Commission

Publisher:

Published: 2008

Total Pages: 28

ISBN-13:

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Based on consultation of stakeholders, an integrated maritime policy for the European Union is outlined in this booklet.--Publisher's description.


Book Synopsis An Integrated Maritime Policy for the European Union by : European Commission

Download or read book An Integrated Maritime Policy for the European Union written by European Commission and published by . This book was released on 2008 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on consultation of stakeholders, an integrated maritime policy for the European Union is outlined in this booklet.--Publisher's description.