Advanced

Europeanization of International Law in the Context of Shipping

Olsson, Kristina (2008)
Department of Law
Abstract
The international character that surrounds the shipping industry has traditionally meant that rules regarding the public law of the sea or the private maritime law are internationally regulated through regulations, state practice, international conventions or international customary law. Since the 1970s, there has been an increasing concern for both the marine environment and the safety onboard ships and this international concern has been reflected in conventions issued and adopted by the United Nation's maritime organ: The International Maritime Organisation (IMO). The IMO has issued and adopted some 40 international conventions. The first great convention was the Safety of Life at Sea (SOLAS) Conventions, which has been amended a number... (More)
The international character that surrounds the shipping industry has traditionally meant that rules regarding the public law of the sea or the private maritime law are internationally regulated through regulations, state practice, international conventions or international customary law. Since the 1970s, there has been an increasing concern for both the marine environment and the safety onboard ships and this international concern has been reflected in conventions issued and adopted by the United Nation's maritime organ: The International Maritime Organisation (IMO). The IMO has issued and adopted some 40 international conventions. The first great convention was the Safety of Life at Sea (SOLAS) Conventions, which has been amended a number of times since 1974, inter alia with the International Safety Management (ISM) Code, which sets up safety standards for vessels. In the beginning of the 21st Century, three accidents with oil tankers took place within European waters and brought with them devastating environmental consequences in the stricken regions. However, the environmental disasters could have been avoided, or at least reduced, if the coastal states involved would have provided the tankers a place of refuge were the cargo could be unloaded. After the first accident, the EU started developing an excessive maritime legal framework regionally, in preference to waiting for the rest of the international community to issue regulations internationally through the IMO. One of the key initiatives in the European Union's regional strategy was the establishment of the European Maritime Safety Agency (EMSA). Despite the fact that all 27 member states of the EU are part of the IMO, the EMSA has been given those tasks the IMO traditionally issue. The oil tanker accidents in Europe proved that there is a conflict of interest between the traditional place of refuge custom at sea and the protection of the marine environment. The main question that is evaluated in this thesis is whether shipping related issues should be dealt with regionally or internationally. My conclusion is the latter of the two options&semic the EU is setting up regional regulations and directives too hastily instead of waiting for international consensus. Keywords: IMO, EU, ERIKA-Packages, Tankers, Place of Refuge (Less)
Please use this url to cite or link to this publication:
author
Olsson, Kristina
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Sjörätt
language
English
id
1560986
date added to LUP
2010-03-08 15:55:27
date last changed
2010-03-08 15:55:27
@misc{1560986,
  abstract     = {The international character that surrounds the shipping industry has traditionally meant that rules regarding the public law of the sea or the private maritime law are internationally regulated through regulations, state practice, international conventions or international customary law. Since the 1970s, there has been an increasing concern for both the marine environment and the safety onboard ships and this international concern has been reflected in conventions issued and adopted by the United Nation's maritime organ: The International Maritime Organisation (IMO). The IMO has issued and adopted some 40 international conventions. The first great convention was the Safety of Life at Sea (SOLAS) Conventions, which has been amended a number of times since 1974, inter alia with the International Safety Management (ISM) Code, which sets up safety standards for vessels. In the beginning of the 21st Century, three accidents with oil tankers took place within European waters and brought with them devastating environmental consequences in the stricken regions. However, the environmental disasters could have been avoided, or at least reduced, if the coastal states involved would have provided the tankers a place of refuge were the cargo could be unloaded. After the first accident, the EU started developing an excessive maritime legal framework regionally, in preference to waiting for the rest of the international community to issue regulations internationally through the IMO. One of the key initiatives in the European Union's regional strategy was the establishment of the European Maritime Safety Agency (EMSA). Despite the fact that all 27 member states of the EU are part of the IMO, the EMSA has been given those tasks the IMO traditionally issue. The oil tanker accidents in Europe proved that there is a conflict of interest between the traditional place of refuge custom at sea and the protection of the marine environment. The main question that is evaluated in this thesis is whether shipping related issues should be dealt with regionally or internationally. My conclusion is the latter of the two options&semic the EU is setting up regional regulations and directives too hastily instead of waiting for international consensus. Keywords: IMO, EU, ERIKA-Packages, Tankers, Place of Refuge},
  author       = {Olsson, Kristina},
  keyword      = {Sjörätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {Europeanization of International Law in the Context of Shipping},
  year         = {2008},
}