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Maritime Safety Law and Policies of the European Union and the United States of America


Year: 2009
Language: english
Author: Iliana Christodoulou-Varotsi
Genre: Handbook
Publisher: Springer
Edition: 1st
ISBN: 978-3-540-69871-5
Format: PDF
Quality: eBook
Pages count: 171
Description: The International Maritime Organization (IMO), as the United Nations specialized agency responsible for the regulation of shipping engaged in international trade from the points of view of maritime safety and the prevention and control of pollution by ships, recognizes that these goals can only be effectively achieved if each and every link in the corresponding chain of responsibility meets fully its obligations.
Flag, port and coastal States, as well as the shipping industry itself, all have roles to play in collectively improving safety and protecting the environment, both marine and atmospheric, through the development, adoption, and uniform implementation and enforcement of, global standards.
In this book, Dr. Christodoulou-Varotsi sets out to explore the extent to which the actions of the European Union and the United States, as the main originators of high standards in these fields, constitute a paradigm to the rest of the international maritime community. In this regard, while underscoring the need for a holistic, multilateral approach to maritime regulation – as epitomized by the work of IMO – the author explores how standards could be enhanced through the use of unilateral action.
In so doing, she raises the question of whether certain manifestations of unilateralism, illustrated by instruments proposed or adopted by the European Union and the United States, should or should not be integrated into the international law-making process to improve maritime safety and environmental protection. She concludes that unilateralism should be seen as a potential stage towards international action, rather than as constituting the solution to a problem, and should be exercised only exceptionally, when the possibility of reaching the desired outcome at the international level has been exhausted.
With particular reference to the control and reduction of marine pollution, Dr. Christodoulou-Varotsi explores suggestions towards a system focusing on prepollution prevention, where the market (through permits, for example), rather than Governments, would be the chief regulatory force. While demonstrating a marked degree of confidence in the capacity of private operators for self-regulation, the legal potential of such an approach in the shipping context is, as the author recognizes, yet to be fully explored.

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