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.
Dr Henrik Ringbom is currently Head of Sector for Environment Protection, Liability and Compensation at the European Maritime Safety Agency in Lisbon, Portugal. Between 1997 and 2003 he worked in the Maritime Safety Unit of the European Commission in Brussels, Belgium, whereafter he spent four years as Research Fellow at the Scandinavian Institute of Maritime Law, Oslo, Norway.
"This book is a must-read to discover the legal relationship existing between the European Union’s maritime safety legislation and international law. In many cases, the European Union’s maritime safety legislation goes beyond what is envisaged in international law, as it sets requirements higher than those that have been agreed internationally. Among other questions, this means that the sphere of application of such legislation needs to be specified. It is not an easy question to answer; however, the author manages to do so in this book. He achieves this by an interesting analysis of the abundant EU legislation on maritime safety in a book that we highly recommend."
(The Journal of International Maritime Law, 2009)
Table of contents
Chapter 1: Introduction 1.1. General Context; 1.2. Legal Context; 1.3. Policy Context; 1.4. Scope and Delimitation; 1.5. Method and Materials
Chapter 2: Introduction to the EU Maritime Safety Policy 2.1. General; 2.2. The Early Days (pre-1993); 2.3. The Establishment of a Common Maritime Safety Policy (1993–1999); 2.4. More Assertive Responses to Particular Accidents (2000–2005); 2.5. The Latest Developments
Chapter 3: The European Community and International Law 3.1. Introduction; 3.2. External Competence; 3.3. The Community’s Participation in International Maritime Agreements; 3.4. The Effects of International Agreements in Community Law; 3.5. The International Law Perspective; 3.6. Conclusion
Chapter 4: The EU Acting as a Flag State 4.1. Flag State Jurisdiction in International Law; 4.2. EU Action as a Flag State/Register
Chapter 5: The EU Acting as a Port State 5.1. Legal Overview of Port State Jurisdiction; 5.2. Survey of Requirements Imposed on Ships Entering EU Ports; 5.3. Survey of Port State Enforcement Measures; 5.4. Legal Assessment of Certain EU Port State Measures; 5.5. Concluding Remarks on Port State Jurisdiction
Chapter 6: The EU Acting as a Coastal State 6.1. Coastal State Jurisdiction in the Law of the Sea; 6.2. Discharge Standards; 6.3. Navigational Measures; 6.4. Protected Areas; 6.5. Other Coastal State Measures; 6.6. Incidents and Accidents; 6.7. Regulating Transiting Ships Through Port State Requirements; 6.8. Concluding Remarks
Chapter 7: Concluding Observations 7.1. Conclusions; 7.2. EU Law Perspectives on the Development of the EU’s Maritime Safety Policy; 7.3. International Law Perspectives on the Policy’s Development; 7.4. Future Developments