Christodoulou-Varotsi, I: Maritime Safety Law - Iliana Christodoulou-Varotsi

The European Union and the United States of America have been to a large extent the pacemakers of especially high standards of maritime safety, and their contribution to safety at sea and prevention of marine pollution is undeniable. To what extent can their action constitute a paradigm to the rest of the international maritime community, without suggesting a compromise of the uniformity sought by international maritime law? The purpose of this study is to provide a European reading of current trends in maritime safety law and policies, on the basis of a comparison between a selective number of instruments adopted by the EU and the US. The author considers that the US's maritime safety laws and regulations have acted as a catalyst or are likely to act as a catalyst for the EU, which is at the present stage a leading sea power. In the light of this assumption, the discussion explores unilateralism and multilateralism in international maritime law and searches for prospects and limitations. TOC:Universalism in maritime law as a point of reference for lawmakers: Myth and reality.- From the point of view of the flag State.- From the point of view of the coastal State.- From the point of view of the port State.- Overall position of the EU and the U.S. towards universal maritime safety standards: Common standards, but....- The EU "Common Maritime Transport Policy" on maritime safety and marine environment protection: Uniform, enhanced and anticipated rules.- The maritime safety and anti-pollution legal framework in the U.S.: The quest for optimum safety, the quest for limits to the traditional standard-setting process.- The search for common trends: A substantive law approach in the light of prevention, preparedness/response and liability.- Prevention.- Preparedness and the ability to respond: The need for promptness and effectiveness put to the test.- Liability issues for marine pollution: The paradigm of oil.- Concluding remarks - Recommendations.- The old debate is not dead: Freedom of the seas vs. coastal States' rights.- The "problem of synergy and antagonism" as part of the "solution".- Viewing the potential of underestimated directions by legislators: Marketoriented incentives in support of qualitative shipping.

Tytuł: Christodoulou-Varotsi, I: Maritime Safety Law
Autor:

Iliana Christodoulou-Varotsi

Data wydania: grudzień 2008
Wydawca: Springer-Verlag GmbH
ISBN: 354069871X
EAN: 9783540698715
Wymiary: 244 x 164 x 45