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Laws
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The European Union and the Law of the Sea
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The European Union and the Law of the Sea

A special issue of Laws (ISSN 2075-471X). This special issue belongs to the section "Environmental Law Issues".

Deadline for manuscript submissions: closed (15 September 2021) | Viewed by 11055

Special Issue Information

Dear colleagues,

In recent years, the European Union has become a more important actor in the development of the international law of the sea—not only in shaping rules, but also in their implementation. This ranges from maritime and environmental policies to EU legislation, from the support of international treaty law (e.g., in the case of the Athens Convention which regulates carrier liability concerning passenger transport at sea) to participation in the creation new international norms (e.g., the Central Arctic Ocean Fisheries Agreement). This Special Issue of Laws will look at the role of the European Union in the development of the contemporary international law of the sea from three different angles: (1) from the perspective of the European Union (e.g., by asking how the European Union regulates activities at sea); (2) from the point of view of the member states, looking at the crossroads of international, EU, and national norms; and (3) from the perspective of non-EU states, looking at the role of the European Union as an increasingly active maritime power of a sui generis nature and the implications of this increasing role in the development of the international law of the sea as a whole. Submissions are invited which cover any of these or related issues. The term “law of the sea” is understood widely, covering all international and (in the case of EU and national law) public law regulations of maritime activities, from traditional activities such as fishing or transportation of goods and persons, to relatively novel uses such as the generation of electricity at sea. Authors are particularly encouraged to look at the protection of the marine environment and at emerging and future issues in the international law of the sea, including in particular challenges which emerge as a consequence of climate change.

Instructions for authors: https://www.mdpi.com/journal/laws/instructions

Dr. Stefan Kirchner
Guest Editor

Manuscript Submission Information 

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All papers will be peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a double-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Laws is an international peer-reviewed open access quarterly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

  • European Union
  • Public international law
  • Law of the sea
  • Marine environmental law
  • Shipping law
  • Transport law

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Published Papers (2 papers)

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Research

12 pages, 264 KiB  
Article
Atlantic Shortfin Mako: Chronicle of a Death Foretold?
by Mercedes Rosello, Juan Vilata and Dyhia Belhabib
Laws 2021, 10(3), 52; https://doi.org/10.3390/laws10030052 - 23 Jun 2021
Cited by 1 | Viewed by 5607
Abstract
This article outlines recent events concerning the conservation and management trajectory of a highly migratory shark species, the shortfin mako (Isurus oxyrinchus), in the North Atlantic, where it has been routinely captured recreationally and as part of commercial fishing operations alongside other species. [...] Read more.
This article outlines recent events concerning the conservation and management trajectory of a highly migratory shark species, the shortfin mako (Isurus oxyrinchus), in the North Atlantic, where it has been routinely captured recreationally and as part of commercial fishing operations alongside other species. Noting recent warnings concerning the high mortality of the species in this ocean region, and the threat of imminent population collapse, this article sets out a number of applicable law of the sea provisions, and carries out an evaluation of relevant measures for target and incidental capture species, discussing their applicability to the mako fishery. It also presents an analysis of regional and global governance actions taken to date by the international community and by individual actors, noting a number of shortfalls, and outlining potential responses. Full article
(This article belongs to the Special Issue The European Union and the Law of the Sea)
13 pages, 1006 KiB  
Article
The Status Quo of the Criminal Accountability for Marine Illegal Fishing in China: From the Perspective of Judgment Analysis
by Li Feng, Peipei He, Chenghui Zheng and Pei Chen
Laws 2020, 9(4), 21; https://doi.org/10.3390/laws9040021 - 10 Oct 2020
Cited by 1 | Viewed by 4350
Abstract
Over the past few years, China’s marine economy has been vigorously booming, while strong measures have been equally undertaken to ensure superior quality of the marine environment. However, the country is still suffering illegal fishing problems, which hinder the marine ecological environment and [...] Read more.
Over the past few years, China’s marine economy has been vigorously booming, while strong measures have been equally undertaken to ensure superior quality of the marine environment. However, the country is still suffering illegal fishing problems, which hinder the marine ecological environment and fishery resources from reaching sustainable development both internally and globally. To this end, the Chinese government has ratified a series of legal documents to provide the basis for judicial departments to hold individuals and groups responsible for practicing illegal fishing at sea. Although the measures have indeed performed well in some instances, a number of legal obstacles remain to be fixed. In this article, to realize the status quo of the control of maritime illegal fishing in China, all the criminal judgments relevant to illegal fishing at sea from 2014 were collected and analyzed not only qualitatively but also quantitatively, through which the existing problems of accountability for illegal fishing at sea in China were summarized. In addition, a number of related studies were examined and in-depth interviews were organized to clarify the main reasons for these problems and propose some necessary solutions. It is believed that our findings would not only help to improve the control of maritime illegal fishing and boost the marine ecological environment protection in China, but also to establish a possible reference for other countries in the world. Full article
(This article belongs to the Special Issue The European Union and the Law of the Sea)
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