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

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 shi

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

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

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

Iliana Christodoulou-Varotsi

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

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Dr. Iliana Christodoulou-Varotsi P.O. Box 65533 15402 N. Psychiko, Greece [email protected]

ISBN 978-3-540-69871-5

e-ISBN 978-3-540-69874-6

DOI 10.1007/978-3-540-69874-6 Library of Congress Control Number: 2008939380 © 2009 Springer-Verlag Berlin Heidelberg This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permissions for use must always be obtained from Springer-Verlag. Violations are liable for prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMX Design GmbH, Heidelberg, Germany Printed on acid-free paper 9 8 7 6 5 4 3 2 1 springer.com

Foreword

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 b