Enforcement Of International And Eu Law In Maritime Affairs

Author : Peter Ehlers
Publisher : LIT Verlag Münster
ISBN 13 : 3825814807
Total Pages : 236 pages
Book Rating : 4.09/5 ( download)

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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.

Author : G.P. Pamborides
Publisher : BRILL
ISBN 13 : 9004638490
Total Pages : 278 pages
Book Rating : 4.95/5 ( download)

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Download or read book International Shipping Law written by G.P. Pamborides and published by BRILL. This book was released on 2024-01-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Henrik Ringbom
Publisher : BRILL
ISBN 13 : 9047444965
Total Pages : 620 pages
Book Rating : 4.61/5 ( download)

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Download or read book The EU Maritime Safety Policy and International Law written by Henrik Ringbom and published by BRILL. This book was released on 2008-07-25 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive international law analysis of the European Union’s maritime safety legislation.

Author : G. P. Pamborides
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111937
Total Pages : 282 pages
Book Rating : 4.3X/5 ( download)

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Download or read book International Shipping Law written by G. P. Pamborides and published by Martinus Nijhoff Publishers. This book was released on 1999-05-19 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Proshanto K. Mukherjee
Publisher : Springer Science & Business Media
ISBN 13 : 3642345980
Total Pages : 428 pages
Book Rating : 4.82/5 ( download)

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Download or read book Farthing on International Shipping written by Proshanto K. Mukherjee and published by Springer Science & Business Media. This book was released on 2013-06-12 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an introduction to shipping in all its aspects. It is a valuable source of information for students of traditional maritime law as well as for those who seek to understand maritime and shipping services on a global scale. The text includes information and analytical content on national and international practices in shipping, including the age-old dichotomy between freedom in international shipping and the persistent demands of states to control specific maritime areas, as well as the tension between, on the one hand, the desire on the part of sovereign states to regulate and protect their shipping interests and, on the other, the abiding concern and unquestioned right of the international community to regulate the global shipping industry effectively, in order to ensure maritime safety, protection of the environment and fair competition.

Author : Suk Kyoon Kim
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527557383
Total Pages : 237 pages
Book Rating : 4.83/5 ( download)

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Download or read book Coast Guards and International Maritime Law Enforcement written by Suk Kyoon Kim and published by Cambridge Scholars Publishing. This book was released on 2020-07-30 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores various aspects of the roles and responsibilities of coast guards, which are increasingly becoming significant today, and sheds light on their authority and limitations in the course of maritime law enforcement. It is unique in its unraveling of all facets of coast guards, focusing on their law enforcement authority and limitations from a practical perspective. It details the principles and procedures that coast guard officers are required to follow in the course of international law at sea by examining treaties, conventions, international rulings, and theories. The text employs a comparative study of national coast guards and a review of cases concerning international maritime law enforcement. It provides practical insights into coast guards and their law enforcement, based on the author’s career experience and service as a Commissioner General in the Korea Coast Guard. As such, this book will serve as a good reference in practice and contribute to the formulation of guidelines and criteria of maritime law enforcement of coast guards.

Author : András Jakab
Publisher : Oxford University Press
ISBN 13 : 0191063517
Total Pages : 425 pages
Book Rating : 4.10/5 ( download)

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Download or read book The Enforcement of EU Law and Values written by András Jakab and published by Oxford University Press. This book was released on 2017-04-07 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.

Author : European Commission
Publisher :
ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.11/5 ( download)

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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.

Author : Myron H. Nordquist
Publisher : Center for Oceans Law and Poli
ISBN 13 : 9789004352537
Total Pages : 463 pages
Book Rating : 4.38/5 ( download)

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Download or read book Legal Order in the World's Oceans written by Myron H. Nordquist and published by Center for Oceans Law and Poli. This book was released on 2018 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Order in the World's Oceans: UN Convention on the Law of the Seaassesses the impact of the 1982 Convention on the Law of the Sea (UNCLOS) and many aspects and challenges of modern law of the sea. The theme was selected in part to celebrate that this conference was the Center for Oceans Law and Policy's 40th Annual Conference and in part to emphasize the seminal contribution to the Rule of Law from UNCLOS in building legal order in the world's oceans. The comprehensive scope of this inquiry is presented in six parts. The topics are: Ocean Affairs and the Law of the Sea at the United Nations; the Area and the International Seabed Authority; the International Tribunal for the Law of the Sea and Dispute Settlement; the Commission on the Limits of the Continental Shelf; Sustainable Fisheries, including the UN Fish Stocks Agreement; and Operational Implementation--Maritime Compliance and Enforcement.

Author : Stefano Montaldo
Publisher : Routledge
ISBN 13 : 0429582773
Total Pages : 511 pages
Book Rating : 4.76/5 ( download)

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Download or read book EU Law Enforcement written by Stefano Montaldo and published by Routledge. This book was released on 2021-02-22 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.