Enforcement Of International And Eu Law In Maritime Affairs
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Enforcement Of International And Eu Law In Maritime Affairs
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Author : Peter Ehlers
language : en
Publisher: LIT Verlag Münster
Release Date : 2008
Enforcement Of International And Eu Law In Maritime Affairs written by Peter Ehlers and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Maritime law categories.
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.
Port State Jurisdiction And The Regulation Of International Merchant Shipping
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Author : Bevan Marten
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-08-31
Port State Jurisdiction And The Regulation Of International Merchant Shipping written by Bevan Marten and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-31 with Law categories.
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.
International Shipping Law
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Author : G.P. Pamborides
language : en
Publisher: BRILL
Release Date : 2024-01-22
International Shipping Law written by G.P. Pamborides and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-22 with Law categories.
The combination of the Port State Control system that is currently in operation and the tactics employed by the International Maritime Organization (IMO) for the introduction of rules and regulations for safety and pollution prevention at sea, led to the establishment of a system which has the potential to bring about significant changes. These changes extend beyond the area of safety and pollution prevention, reaching areas lying entirely beyond the scope of IMO, and actually affecting directly private maritime law. The relevant provisions of the law of the sea are outlined, in order to define the legal framework within which the regulation process for matters of safety and pollution prevention may operate. Special reference is made to the development of the concept of Port State Control and its emergence as a new, alternative method of enforcement under the guidance of IMO. The study focuses on the modus operandi of IMO and critically evaluates the tactics employed by the organization in pursuing its ends. The book also examines the practices employed by influential port states in enforcing international regulations, and it assesses the reactions of smaller states with large registries, as well as the different sectors of the industry to these developments. These developments will lead to new legislation in the contracting states, with the potential of changing the principles of private maritime law. The author also draws attention to the impact that the ISM Code and the STCW '95 may have on issues of private maritime law, through an analysis of the use of English maritime case law. The book is intended for all involved in shipping law - carriers, shipowners, ship managers, marine insurers, port managers, and others.
International Shipping Law
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Author : G. P. Pamborides
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999-05-19
International Shipping Law written by G. P. Pamborides and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-05-19 with Law categories.
The combination of the Port State Control system that is currently in operation and the tactics employed by the International Maritime Organization (IMO) for the introduction of rules and regulations for safety and pollution prevention at sea, led to the establishment of a system which has the potential to bring about significant changes. These changes extend beyond the area of safety and pollution prevention, reaching areas lying entirely beyond the scope of IMO, and actually affecting directly private maritime law. The relevant provisions of the law of the sea are outlined, in order to define the legal framework within which the regulation process for matters of safety and pollution prevention may operate. Special reference is made to the development of the concept of Port State Control and its emergence as a new, alternative method of enforcement under the guidance of IMO. The study focuses on the modus operandi of IMO and critically evaluates the tactics employed by the organization in pursuing its ends. The book also examines the practices employed by influential port states in enforcing international regulations, and it assesses the reactions of smaller states with large registries, as well as the different sectors of the industry to these developments. These developments will lead to new legislation in the contracting states, with the potential of changing the principles of private maritime law. The author also draws attention to the impact that the ISM Code and the STCW '95 may have on issues of private maritime law, through an analysis of the use of English maritime case law. The book is intended for all involved in shipping law - carriers, shipowners, ship managers, marine insurers, port managers, and others.
The Eu Maritime Safety Policy And International Law
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Author : Henrik Ringbom
language : en
Publisher: BRILL
Release Date : 2008-07-25
The Eu Maritime Safety Policy And International Law written by Henrik Ringbom and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-25 with Law categories.
This book offers a comprehensive international law analysis of the European Union’s maritime safety legislation.
Jurisdiction Over Ships
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Author : Henrik Ringbom
language : en
Publisher: BRILL
Release Date : 2015-08-20
Jurisdiction Over Ships written by Henrik Ringbom and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-20 with Law categories.
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. It assess the convention’s continued authority in view of the most recent developments in state practice.
Recent Developments In The Law Of The Sea
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Author : Rainer Lagoni
language : en
Publisher: LIT Verlag Münster
Release Date : 2010
Recent Developments In The Law Of The Sea written by Rainer Lagoni and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
New developments in the uses of the sea have given rise to new questions in the law of the sea since the beginning of the second millennium, and there are international endeavors to revise certain issues of maritime law. The Seminar, papers of which are collected in this volume, dealt with some examples of these developments. Participants were doctoral candidates of the International Max Planck Research School for Maritime Affairs and students of the University of Hamburg. Addressed are the internationalization of marine natural resources, the audit system of flag State's obligations, rights of land-locked and geographically disadvantaged States in the EEZ, the reform of the European fisheries policy and finally the Rotterdam Rules which are deemed to alter the carrier's obligations in the law of maritime transport. A report of the Seminar's excursion to several maritime institutions in New York City is also included.
Enforcing International Maritime Legislation On Air Pollution Through Unclos
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Author : Jesper Jarl Fanø
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-12-26
Enforcing International Maritime Legislation On Air Pollution Through Unclos written by Jesper Jarl Fanø and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-26 with Law categories.
This book explores the scope and applicability of the United Nations Convention on the Law of the Sea (UNCLOS), relating to the enforcement of international maritime legislation on air pollution. It focuses on enforcement of Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL Annex VI) and the strengthened global sulphur limit which comes into force in 2020. The first chapters in Part I provide an overall introduction to relevant regulations of MARPOL Annex VI, UNCLOS, Port State Control (PSC), the EU Sulphur Directive and basic jurisdictional principles of international law. Part II analyses the amplified enforcement and notifying obligations of UNCLOS chapter XII placed on flag States and the broadened jurisdictions for port and coastal States to enforce. This includes extraterritorial enforcement by port States on the high seas and how overlapping jurisdictions are resolved. These theoretical discussions on jurisdiction are tied to practical applications pertaining to PSC and sanctioning. Part III builds upon the conclusions of Part II in relation to the enforcement of other legislation adopted by the International Maritime Organization (IMO), including regulations on Greenhouse Gases (GHG) which the IMO is set to adopt through its GHG Strategy. Finally, with the increased environmental challenges relating to global warming, and given the special legal status of ships, Part IV offers an analysis of whether specific IMO regulations on GHG could, in the future, be considered peremptory norms of a 'jus cogens' character, and addresses the potential legal implications.
Seafarers Rights In The Globalized Maritime Industry
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Author : Desislava Nikolaeva Dimitrova
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
Seafarers Rights In The Globalized Maritime Industry written by Desislava Nikolaeva Dimitrova and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
The enormous technological, financial, and structural changes of recent decades have revolutionized the international shipping industry, bringing about lower freight rates, shorter time in port and fast turnarounds, reduction in crew size, employment of cheap labour from developing countries, avoidance of national regulations and taxes, and diminished living and working standards on board. Exploitation of seafarers has always existed, but now it has become more common and frequent. Shipowners can cut costs in various ways, but the most profitable and easiest to achieve are those at the expense of labour costs, in particular costs for maintaining proper living conditions on board the ship. This bulletin examines in detail the structure of the shipping industry, focusing on problems concerning the working and living conditions of seafarers on board merchant ships serving the global sea transport system. Exploring all levels of maritime policymaking on a global and European level, the author analyses seafarers' rights in the light of international enforcement mechanisms and particularly in the light of the recent ILO Maritime Labour Convention. He also considers relevant case law, as well as advisory opinions and policy statements from various pertinent agencies, especially in the EU context.. Among the issues raised and discussed in depth in relation to their effect on seafarers' labour standards are the following: * ship manning companies; * illicit crewing agencies; * flags of convenience; * hours of work and rest; * wages; * occupational health and safety; * accommodation, food, water, and catering; * recreational facilities; * filing of grievance; and * port controls. The author shows that, expansion and progress of the maritime industry notwithstanding, there is a great need for effective enforcement mechanisms in this area. This is the first detailed analysis to connect the working and living conditions of seafarers with international, supranational, and national maritime legislation. A giant step towards establishing a global monitoring system to enforce international maritime conventions regarding seafarers' labour standards, it is sure to make an important contribution to both international labour and employment law and the law of the sea.
European Ship Recycling Regulation
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Author : Urs Daniel Engels
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-12
European Ship Recycling Regulation written by Urs Daniel Engels and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-12 with Law categories.
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.