The consequences of the sinking of the m/s Erika in European waters: towards a total loss for international shipping law
- Author
- Eduard Somers (UGent) and Gwendoline Gonsaeles (UGent)
- Organization
- Abstract
- It is to be noted that the current evolution of entwining environmental law and shipping law may lead to undesirable consequences. Since the latter follows specific patterns, the application in se of general environmental law – developed from a terrestrial point of view – to the shipping industry is to be avoided. Specific considerations taking into account the characteristics of shipping are of primordial importance. This principle is for the greater part followed in the establishment of international environmental law, where particular legislation adapted to the marine environment and the shipping industry often follows the adoption of environmental rules of a more general nature. The danger lies in the current evolution of applying general environmental regulations to particular shipping cases. As far as the implementation of international regulations in the field of maritime safety and protection of the marine environment into European legislation is involved, especially the influence of European environmental law on the shipping industry is to be closely watched. The cross-border impact of environmental law on the shipping industry has become stunningly clear in the judgement of the Court of Justice of the European Communities (hereinafter referred to as ‘European Court of Justice’ or ‘ECJ’) in Case C-188/07 Commune de Mesquer v Total France SA and Total International Ltd.
- Keywords
- POLLUTION, shipping industry, maritime law, European policy, waste, marine pollution
Downloads
-
(...).pdf
- full text
- |
- UGent only
- |
- |
- 440.88 KB
Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-879189
- MLA
- Somers, Eduard, and Gwendoline Gonsaeles. “The Consequences of the Sinking of the m/s Erika in European Waters: Towards a Total Loss for International Shipping Law.” JOURNAL OF MARITIME LAW AND COMMERCE, vol. 41, no. 1, 2010, pp. 57–83.
- APA
- Somers, E., & Gonsaeles, G. (2010). The consequences of the sinking of the m/s Erika in European waters: towards a total loss for international shipping law. JOURNAL OF MARITIME LAW AND COMMERCE, 41(1), 57–83.
- Chicago author-date
- Somers, Eduard, and Gwendoline Gonsaeles. 2010. “The Consequences of the Sinking of the m/s Erika in European Waters: Towards a Total Loss for International Shipping Law.” JOURNAL OF MARITIME LAW AND COMMERCE 41 (1): 57–83.
- Chicago author-date (all authors)
- Somers, Eduard, and Gwendoline Gonsaeles. 2010. “The Consequences of the Sinking of the m/s Erika in European Waters: Towards a Total Loss for International Shipping Law.” JOURNAL OF MARITIME LAW AND COMMERCE 41 (1): 57–83.
- Vancouver
- 1.Somers E, Gonsaeles G. The consequences of the sinking of the m/s Erika in European waters: towards a total loss for international shipping law. JOURNAL OF MARITIME LAW AND COMMERCE. 2010;41(1):57–83.
- IEEE
- [1]E. Somers and G. Gonsaeles, “The consequences of the sinking of the m/s Erika in European waters: towards a total loss for international shipping law,” JOURNAL OF MARITIME LAW AND COMMERCE, vol. 41, no. 1, pp. 57–83, 2010.
@article{879189,
abstract = {{It is to be noted that the current evolution of entwining environmental law and shipping law may lead to undesirable consequences. Since the latter follows specific patterns, the application in se of general environmental law – developed from a terrestrial point of view – to the shipping industry is to be avoided. Specific considerations taking into account the characteristics of shipping are of primordial importance. This principle is for the greater part followed in the establishment of international environmental law, where particular legislation adapted to the marine environment and the shipping industry often follows the adoption of environmental rules of a more general nature. The danger lies in the current evolution of applying general environmental regulations to particular shipping cases. As far as the implementation of international regulations in the field of maritime safety and protection of the marine environment into European legislation is involved, especially the influence of European environmental law on the shipping industry is to be closely watched. The cross-border impact of environmental law on the shipping industry has become stunningly clear in the judgement of the Court of Justice of the European Communities (hereinafter referred to as ‘European Court of Justice’ or ‘ECJ’) in Case C-188/07 Commune de Mesquer v Total France SA and Total International Ltd.}},
author = {{Somers, Eduard and Gonsaeles, Gwendoline}},
issn = {{0022-2410}},
journal = {{JOURNAL OF MARITIME LAW AND COMMERCE}},
keywords = {{POLLUTION,shipping industry,maritime law,European policy,waste,marine pollution}},
language = {{eng}},
number = {{1}},
pages = {{57--83}},
title = {{The consequences of the sinking of the m/s Erika in European waters: towards a total loss for international shipping law}},
volume = {{41}},
year = {{2010}},
}