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Maritime Safety and Security Law Journal

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  • Issue 7

    The EU Maritime Security Strategy and Climate Change: The Case of Maritime Transportation and New Challenges Ahead

    by Borja MONTES TOSCANO 13 August 2020

    Climate change has become one of the most critical concerns for mankind and urgent action is needed. The European Union (EU) Global Strategy of 2016 also considers climate change as a severe factor that may disrupt economic growth and endanger both citizens and territory. The International Maritime Organization (IMO) sought, but failed to reach, a …More

  • Issue 7

    The European Union is not a State: International Responsibility for Illegal, Unreported and Unregulated Fishing Activities

    by Lorenzo GASBARRI 6 July 2020

    This paper focuses on the responsibility of the European Union in the context of illegal, unreported and unregulated fishing activities. It aims to debate some of the legal issues that characterize its role as a global actor dealing with marine resources and the protection of the environment. For this purpose, I analyse an Advisory Opinion …More

  • Issue 7

    Why Evolving European SAR Policies Threaten Merchant Shipping

    by Richard KILPATRICK 20 March 2020

    Operators of commercial vessels have rescued tens of thousands of migrant seafarers in the Mediter- ranean Sea since 2014. For commercial actors, swift disembarkation of survivors is critical to ensure safety and prevent further disruption to the rescuing vessel’s primary voyage. From 2014 through 2017, European coastal states such as Italy, Malta, and Greece permitted …More

  • Issue 5

    The Common Heritage of Mankind in International Law: A Great Past but No Future?

    by Ornella FERRAJOLO 20 December 2019

    This paper addresses the Common Heritage of Mankind (CHM) with respect to marine and outer space resources, in light of relevant treaties. Possible developments concern internationally, the drafting of a special regulation on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction and, nationally, newly-adopted regulations on the commercial use of …More

  • Issue 7

    Appropriate Measures at Sea: Extraterritorial Enforcement Jurisdiction over Stateless Migrant Smuggling Vessels

    by Thea COVENTRY 20 December 2019

    The recent migrant crisis in the Mediterranean Sea has clearly revealed the unclear legal basis for interdicting stateless migrant smuggling vessels in international waters. Despite claims to unilateral enforcement powers by some Western states, the law of the sea does not provide a strong jurisdictional basis for seizing such vessels outside territorial waters. Western destination …More

  • Issue 5

    Looking for “Submerged Commons”: Towards a New Era for Underwater Cultural Heritage?

    by Francesca VARVELLO 21 November 2019

    Even if not originally conceived of as related to cultural heritage, the common heritage of mankind (CHM) principle progressively makes its way into this field too. International norms regulating underwater cultural heritage (UCH) fit in the same evolving trend. However, they have to relate to an existing legal framework that has a completely different – …More

  • Issue 6

    Delivering Refugees and Migrants to a ‘Place of Safety’ Following Rescue by States at Sea

    by Fenella M.W. BILLING 7 October 2019

    Irregular migration by sea leads states such as Italy and Australia to conduct maritime rescue operations involving refugees and other migrants. During these operations, states must deal with the question of where to disembark survivors. The law of the sea regime obliges states to ensure survivors are delivered to a ‘place of safety’, arguably requiring …More

  • Issue 6

    An Incident of ‘Piracy’ off the Coast of Suriname? The Definition of Piracy and the Use (and Misuse) of International Law Terminology

    by Jessica SCHECHINGER 7 October 2019

    According to media coverage, a ‘pirate attack’ took place off the coast of Suriname in April 2018. This submission assesses whether the violent incident meets the definition of piracy under international law, reviews different (legal) definitions, and highlights the importance of the location of the attack. It is argued that the use of the term …More

  • Issue 6

    Turkish Straits and Safety of Navigation: the Case of the Vitaspirit

    by Selim CIGER 15 July 2019

    The Turkish Straits remain one of the most congested and perilous international waterways in the world. There have been a great number of incidents, resulting in physical damage, pollution and loss of life. A recent accident, where the bulk carrier ‘Vitaspirit’ suffered engine malfunction and crashed into the Bosporus coastline, has once again demonstrated the …More

  • Issue 4

    Marine Spatial Planning Framework Integration: Synergies, Compatibility and Incompatibility Issues. Evidence from Greece.

    by Anestis GOURGIOTIS Foteini STEFANI Georgios TSILIMIGKAS 25 February 2019

    The Directive of the European Parliament and the Council of July 2014 established a general framework for Marine Spatial Planning (MSP) among EU Member States. The Directive aims to promote the sustainable development of marine areas and equitable use of marine resources. Within this context, Greece has initiated the procedure of the Directive’s transposition into …More

  • Issue 4

    Marine biodiversity beyond national jurisdiction: The launch of an intergovernmental conference for the adoption of a legally binding instrument under the UNCLOS

    by Pascale RICARD 31 January 2019

    On 24 December 2017, the United Nations General Assembly adopted Resolution 72/249 dealing with the development of an International legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. In line with the Resolution, a new intergovernmental conference met …More

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  • Istituto di Studi Giuridici Internazionali ISGI-CNR University of Basel

Editor: Institute for International Legal Studies, National Research Council of Italy
Director: Gemma Andreone
Copyright © 2020 Maritime Safety and Security Law Journal
ISSN 2464-9724

 

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