Community regime of the pollution by discharges coming from ships: the relation with the International rules and the judgment of the ECJ on the Intertanko case.
Keywords:
United Nations Convention on the Law of the Sea – Marpol Agreement 73/78 - Directive 2005/35/EC – pollution by discharges coming from ships – parameters of validity.Abstract
The pollution by discharges coming from ships is regulated by international rules that have become rules or standards of forced fulfillment with general character. Its lack of effectiveness causes that the discharges of all type continue taking place. Before this situation, the European Union decided to elaborate new rules in its fight against this type of pollution. Those rules only partly incorporate the international standards, because they try to establish criteria more demanding than they obtain a reduction of the discharges. But, like rules of institutional community law, those rules must respect the international rules that, on this matter, tie the Community. In the Intertanko case, the Court of Justice denied that those international rules could be parameters of validity of the community rules on pollution by discharges coming from ships.Downloads
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2010-02-24
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