Four Contributions of the European Union to the Law of the Sea

2017 ◽  
pp. 241-265 ◽  
Keyword(s):  
European Union ◽  
Law Of The Sea ◽  
The European Union ◽  
The Law

The European Union and Law of the Sea Convention at the Age of 30

2012 ◽  
Vol 27 (4) ◽  
pp. 711-721 ◽  
Author(s):  
Ronán Long
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
Working Party ◽  
Law Of The Sea ◽  
The European Union ◽  
Eu Policy ◽  
The Law ◽  
The Eu

Abstract Several factors that have contributed to the success of the Law of the Sea Convention as a blueprint for the regulation of oceanic activities in the European Union (EU) are outlined, including the comprehensive nature of the Convention, the role of the Working Party on the Law of the Sea (COMAR) in coordinating EU policy, as well as the EU approach to dispute settlement and to global oceanic affairs.

Historic fishing rights in the law of the sea and Brexit

2019 ◽  
Vol 32 (4) ◽  
pp. 695-713
Author(s):  
Sophia Kopela
Keyword(s):  
European Union ◽  
Law Of The Sea ◽  
The European Union ◽  
Fishing Rights ◽  
International Courts ◽  
The Law ◽  
Access Rights ◽  
Traditional Fishing ◽  
The Relationship ◽  
Rights Issues

AbstractThe United Kingdom’s withdrawal from the 1964 Fisheries Convention and from the European Union has raised questions concerning the potential existence of third states’ fishing rights in the UK’s maritime zones post-Brexit. Historic fishing rights are a complex and controversial issue in the law of the sea. Uncertainty remains regarding their nature, the process for their formation and ascertainment, as well as their contemporary relevance in the light of the Law of the Sea Convention (LOSC) and other fisheries agreements. This article explores the concept of historic fishing rights in the law of the sea. First, it examines the nature and scope of historic fishing rights as discussed in the jurisprudence of international courts and tribunals and their relationship with other akin terms such as ‘customary’ and ‘traditional’ fishing rights. Issues related to the formation and establishment of these rights are also explored. The article also examines whether these rights have been superseded by the LOSC in the territorial sea and exclusive economic zone (EEZ), or whether they are still relevant in the post-LOSC era and maritime zones. It finally explores the relationship between historic fishing rights and treaty-based fishing access rights, and addresses the question posed by Brexit whether withdrawal from a fishing access treaty can unilaterally eliminate any related pre-existing historic rights. This discussion will provide an answer to the question whether it is possible for other states to have historic fishing rights in the UK’s territorial sea and EEZ following its withdrawal from the London Fisheries Convention and the European Union.

scholarly journals The European Union as an Actor in the Law of the Sea, with Particular Reference to the Arctic

2018 ◽  
Vol 33 (2) ◽  
pp. 290-323 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
European Union ◽  
Oil And Gas ◽  
The Arctic ◽  
Law Of The Sea ◽  
The European Union ◽  
Legal Regime ◽  
Ongoing Development ◽  
The Law ◽  
Offshore Oil And Gas ◽  
Offshore Oil

Abstract The first part of this article explores the extent to which the European Union (EU) is an actor in the law of the sea. After explaining when, why and how the EU became such an actor, it considers the legal and political constraints on the capacity of the EU to act; the interests that have shaped its role as an actor; and the various means by which it acts. The second part of the article applies the conclusions from this analysis to outline the role that the EU has so far played in the ongoing development of the legal regime of the marine Arctic and to predict the role that it will continue to play, especially as regards navigation, fisheries, the exploitation of offshore oil and gas, and the protection of the environment.

The UN Convention on the Law of the Sea, the European Union and the Rule of Law: What is going on in the Adriatic Sea?

2009 ◽  
Vol 24 (1) ◽  
pp. 1-66 ◽  
Author(s):  
Davor Vidas
Keyword(s):  
European Union ◽  
Adriatic Sea ◽  
Marine Pollution ◽  
Law Of The Sea ◽  
The European Union ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Eu Membership ◽  
The Subject ◽  
The Law

AbstractIn October 2003, Croatia declared an “Ecological and Fisheries Protection Zone” in the Adriatic Sea. However, in June 2004 Croatia decided to delay the implementation of that Zone for the European Union (EU) Member States. Then, in December 2006 it decided to implement the Zone fully from 1 January 2008—only to discontinue its application to EU countries from 15 March 2008. The developments and underlying reasons for the changing jurisdictional picture in the Adriatic Sea are the subject of this article. Key Adriatic Sea features, trends in uses of its living resources and maritime space, and resource conservation and marine pollution concerns are presented. Developments leading to recent national legislation and positions on maritime jurisdiction by Croatia as well as Italy and Slovenia are discussed. These regulations, positions and developments are assessed from the perspective of the law of the sea. Relevant policy perspectives, including aspects of EU membership, are included.

scholarly journals 30 Years of Lithuania’s Restored Independence: A Coastal State’s Prescriptive Jurisdiction over Inland Waters

Teisė ◽  
2020 ◽  
Vol 117 ◽  
pp. 64-78
Author(s):  
Indrė Isokaitė-Valužė
Keyword(s):  
European Union ◽  
International Law ◽  
Law Of The Sea ◽  
Inland Waters ◽  
The European Union ◽  
Independent State ◽  
Legal Development ◽  
The Law ◽  
The Republic

The article aims at comprehensively and systematically revealing the general transition of the regulation of the inland sea waters of the Republic of Lithuania from the restoration of an Independent State of Lithuania in 1990 until now. The basic stages and trends of the legal development are emphasized in light of the International Law of the Sea and the Law of the European Union and general findings on the compliance thereto in the main fields are made.

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