The EU and International legal Framework in Maritime Safety

Sotiroski, Ljupco (2016) The EU and International legal Framework in Maritime Safety. International Journal of Sciences: Basic and Applied Research (IJSBAR), 25 (1). pp. 297-313. ISSN 2307-4531

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Abstract

The main goal of this paper is to elaborate EU and International Legislative framework and further perspective of Maritime law in the area of Safety protection. In recent years, the EU and its Member States have been at the forefront of improving safety legislation and promoting high-quality standards. The existing model of EU has a legal personality under International law. Previously, only the European Community had been granted legal personality (by Article 281 of the EC Treaty), while the legal personality of the EU was not regulated and thus remained disputed. Since its entry into force, the Treaty of Lisbon provides explicit legal personality for the EU [1]. EU’s action in the field of Maritime Safety regulation generates significant added value to the international framework as looked after by the International Maritime Organization (IMO). The transposition of IMO rules into the EU legal system ensures their enforcement across the entire EU. In addition, the EU plays an important role on continuously improving international standards with specific dedication to the increasing of safety legislation. Generally, the EU Maritime Legislative framework is under International Institutional umbrella and strictly directed to the establishing of solid relations with various Institutions.The International law and Safety regulations of the sea control become matter of a high level concern for many states and related authorities. The concept of the International legal framework, the UN Convention on the Law of the Sea of 1982 (UNCLOS), faces challenges of various numbers of unsettled issues and practices in order to satisfy current and increasing needs for ensuring safety at the sea. This paper elaborates some of the aspects towards globalization of Safety Regulatory Systems that achieved very serious collective concerns with large expanses of the sea. Having in mind this fact, as consequences of real threats, the lawmakers established various Legal instruments, well composed and structured known as Safety packages, (Erika 1, 2, 3). Additionally, the paper aims to provide a brief overview concerning unlawful activities have happened which have been resulted with high level of amended legal instruments. This means that the process of permanent legal upgrading is need to be done towards the essential objectives in order to prevent negative trends and particular increasing of safety protection through the EU and International Community. Globally, the area of Maritime safety issue becomes more common threat identified and therefore it needs urgent and permanent actions. Keywords: Maritime Transport; Maritime Safety Law; International Community Law; International legal instruments.

Item Type: Article
Subjects: Humanities > Other humanities
Divisions: Faculty of Law
Depositing User: Ljupco Sotiroski
Date Deposited: 28 Jan 2016 11:23
Last Modified: 28 Jan 2016 11:23
URI: http://eprints.ugd.edu.mk/id/eprint/15129

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