Maritime Safety Law and Policies of the European Union and the United States of America: Antagonism or Synergy?

This book provides 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 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 pol- tion 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 obli- tions. 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 imp- mentation 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 inter- tional maritime community. In this regard, while underscoring the need for a - listic, 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.

Includes supplementary material: sn.pub/extras

Inhalt
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.