Overall position of the EU and the U.S. towards universal maritime safety standards: Common standards, but…
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Unilateralism is likely to exercise some pressure on the international system in order to accelerate changes at the international fora, sometimes in the direction of a more stringent or a more specifically-oriented maritime safety norm to be adopted. Unilateralism may also be used as a tool aiming at covering existing legislative gaps, often revealed in the light of marine casualties, in a more expeditious way than at the international level. According to academia, “international law defines this concept [of unilateralism] as the display of a State will to carry out certain legal acts, generating standards that form part of the legal system and produce limited effects”. The issue of unilateral action, whose extent is to be discussed in the developments that follow, is not proper to the EU’s and U.S.’s maritime safety law. It is worth briefly mentioning a number of national or regional provisions which have raised some controversy as to their unilateral or so-called unilateral character. Philippe Boisson in his comprehensive book on Safety at Sea provides some useful elements on the question.
KeywordsSupra Note Coast Guard Maritime Safety Port State Control Foreign Vessel
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