Review article
THE EU DIRECTIVE ON SHIP-SOURCE POLLUTION AND ON THE JURISDICTION OF THE COASTAL STATES
Dorotea Ćorić
; Pravni fakultet Sveučilišta u Rijeci, Rijeka
Abstract
The 2005/35/EC Directive on ship-source pollution imposes obligations for Member States to introduce penalties for infringements of Marpol regulations relating to pollution from ships.
The Directive has caused highly intensified reactions in shipping industry. The critics think that provisions of the Directive are contrary to the Marpol Convention and to the 1982 United Nations Convention on the Law of the Sea.
The author in the article analyses basic provisions of the Directive paying special attention to the European Court of Justice decision which was delivered in proceedings commenced by the request to examine legal validity of the Directive.
The author concludes that coastal states have to take into account their powers under the1982 United Nations Convention on the Law of the Sea when adopting regulations relating to pollution from ships.
Moreover, the author highly stresses that any possible alterations of the Marpol standards have to be implemented on international level.
Keywords
pollution; discharge; intent; negligence; responsibility; safe passage
Hrčak ID:
82259
URI
Publication date:
20.12.2011.
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