Η αντιπαράθεση μεταξύ παρακτίων - ναυτιλιακών κρατών και το αναδυόμενο διεθνές - κοινοτικό (ΕΕ) καθεστώς ναυσιπλοΐας για την ασφαλή μεταφορά των επικινδύνων υλικών
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Keywords
Θαλάσσια μεταφορά ; Επικίνδυνα υλικά ; Αντιπαράθεση των κρατών ; Ελευθερία της ναυσιπλοΐας ; Διεθνές δίκαιο θαλάσσηςAbstract
Despite the existence of an international and EU institutional framework for the sea transport of hazardous materials, the phenomenon of confrontation between coastal and maritime States is still observed when vessels carrying dangerous materials pass through maritime zones. This study examines the provisions of international and EU law which lead to a confrontation between coastal and maritime States in the transport of hazardous materials by sea from the point of view of the recipients of their regulations. It is considered important that the recipients of these regulations, ie the States, are also the potential legislators. In this regard, the objective tendencies of the confrontation are analyzed, the forces leading to it are identified, the policy, the institutional framework are evaluated and the practice of the States is investigated. The ongoing confrontation between the coastal and maritime states is linked to interdependent factors such as the phenomenon of globalization and the upliftment of people's standard of living, the complete liberalization of markets by state intervention, the growing demand for energy and transport, and the emergence of the phenomenon of ship gigantism, the expansion of chemical and hazardous materials, the accidents of ships transporting hazardous materials within the maritime zones resulting in the dramatic deterioration of marine pollution and the contribution of shipping to the rise of climate change. Today, ships carrying dangerous goods are at greater risk of terrorist attacks, piracy and cyber piracy, while the trend towards the construction of such autonomous ships is in line with the controversy. Experience to date has shown that these factors contribute, in the event of accidents involving ships carrying dangerous goods, to direct or indirect cross-border marine pollution with incalculable socio-economic and environmental consequences. Nevertheless, ship-owners is still in favoυr of registering ships carrying dangerous goods in the registers of States where they provide guarantees of a reduction in the operating costs of ships in all respects.
These factors emphasize the importance of discussing and adopting a new and more effective framework. This study found that the institutional framework for the transport of hazardous materials by sea has never, to date, been codified. Relevant codification efforts seemed to be made, for the, then, transport of hazardous materials, in the Geneva Convention of 1958 for the territorial sea and the contiguous zone but also the high seas without substantial results. A milestone in the beginning of a substantive settlement of the issue is UNCLOS, 1982, where the States Parties to the Convention agreed on the delimitation of maritime zones. In parallel with UNCLOS, 1982, the right to freedom of navigation is examined in relation to the protection of the marine environment. This study addresses the above mentioned issues and legally analyzes (de lega lata) and interprets (de lega ferenda) the institutional framework of the transport of hazardous materials by sea in order to harmonize it. This method explains, through current law, the balancing of economic development and the protection of the marine environment with the careful use of ships carrying hazardous materials. In conclusion, the analysis of the institutional framework of the transport of hazardous materials by sea is burdened far due to the lack of immediate enforcement of international - EU legislation. On this basis the study is justified because highlights the dogmatic value of regional or bilateral agreements as modern methodological tools for strengthening the safety of the transport of hazardous materials by sea in order to resolve the issue of coastal and maritime states conflict.
Department
Σχολή Ναυτιλίας και Βιομηχανίας. Τμήμα Ναυτιλιακών ΣπουδώνNumber of pages
603Language
GreekCollections
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Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα