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Implementing International Marine Environmental Obligations in European Union Seas with emphasis on the Baltic Sea Area

Stalebrant, Marcus LU (2013) JURM02 20131
Department of Law
Abstract (Swedish)
The United Nations Convention on the Law of the Sea places states and the European Union under a legal duty to protect and preserve the marine environment set out in Part XII. When the European Union and its Member States implement international obligations, they are also under a duty to do that in accordance with the objectives, principles and approaches under Chapter 17 of Agenda 21. Furthermore, UNCLOS and Chapter 17 of Agenda 21 promotes regional cooperation in achieving these objectives. Implementing obligations in the European Seas meets both problems and benefits. The Union’s ability to act in marine environmental matters is first subject to if a competence to act exists. These competences may be either exclusive or shared with the... (More)
The United Nations Convention on the Law of the Sea places states and the European Union under a legal duty to protect and preserve the marine environment set out in Part XII. When the European Union and its Member States implement international obligations, they are also under a duty to do that in accordance with the objectives, principles and approaches under Chapter 17 of Agenda 21. Furthermore, UNCLOS and Chapter 17 of Agenda 21 promotes regional cooperation in achieving these objectives. Implementing obligations in the European Seas meets both problems and benefits. The Union’s ability to act in marine environmental matters is first subject to if a competence to act exists. These competences may be either exclusive or shared with the member states. In its exercises of these competences, they are guarded under the principles of subsidiarity and proportionality. These actions are in turn subject to the principles established in Agenda 21. However, in contrast to land-based pollution, the marine environment has played a minor role in Union environmental law. Instead, the Union has relied upon the international marine environmental regime, UNCLOS Part XII and Chapter 17 of Agenda 21, which they are parties to. The Union has chosen to implement these obligations by acceding to global and regional conventions and agreements. For example, The Union, represented by the Commission participates as a full member in the regional seas conventions. However, the Union has for several reasons (mostly political), played a role in the background of these regional conventions, only stepping forward to control whether the regional bodies act in accordance with EU law. (Less)
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author
Stalebrant, Marcus LU
supervisor
organization
course
JURM02 20131
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Marine Environmental Law
language
English
additional info
Marcus.stalebrant@gmail.com
Marcus Stalebrant
0707713896
Examensseminarium 2013-06-03
id
3567500
date added to LUP
2013-06-19 08:23:13
date last changed
2013-06-19 08:23:13
@misc{3567500,
  abstract     = {The United Nations Convention on the Law of the Sea places states and the European Union under a legal duty to protect and preserve the marine environment set out in Part XII. When the European Union and its Member States implement international obligations, they are also under a duty to do that in accordance with the objectives, principles and approaches under Chapter 17 of Agenda 21. Furthermore, UNCLOS and Chapter 17 of Agenda 21 promotes regional cooperation in achieving these objectives. Implementing obligations in the European Seas meets both problems and benefits. The Union’s ability to act in marine environmental matters is first subject to if a competence to act exists. These competences may be either exclusive or shared with the member states. In its exercises of these competences, they are guarded under the principles of subsidiarity and proportionality. These actions are in turn subject to the principles established in Agenda 21. However, in contrast to land-based pollution, the marine environment has played a minor role in Union environmental law. Instead, the Union has relied upon the international marine environmental regime, UNCLOS Part XII and Chapter 17 of Agenda 21, which they are parties to. The Union has chosen to implement these obligations by acceding to global and regional conventions and agreements. For example, The Union, represented by the Commission participates as a full member in the regional seas conventions. However, the Union has for several reasons (mostly political), played a role in the background of these regional conventions, only stepping forward to control whether the regional bodies act in accordance with EU law.},
  author       = {Stalebrant, Marcus},
  keyword      = {Marine Environmental Law},
  language     = {eng},
  note         = {Student Paper},
  title        = {Implementing International Marine Environmental Obligations in European Union Seas with emphasis on the Baltic Sea Area},
  year         = {2013},
}