Freedom of navigation in the Exclusive Economic Zone: EU approach

The project aims at identifying possible legal consequences that the freedom of navigation in the exclusive economic zone may suffer from the EU approach: ship-source pollution. To this end, the project will investigate issues that are of relevance and significance to the topic. In the first place, the project will revisit freedoms of the sea, the very basis, upon which the modern international law of the sea has been built. In this regard, emphasis has been will be laid upon the issue of freedom of navigation at seas.

Secondly, the project will investigate the exclusive economic zone, a newly emerged extended maritime zone under the international law of the sea, namely the United Nations Convention on the Law of the Sea adopted in 1984 and entered into force in 1994 (hereinafter referred to as LOSC). In this connection, rights and duties of both coastal States and other States will be elucidated. In other words, what they may do and what they have to do, and what they may not do and what they must not do will be elaborated.

Thirdly, the project will examine jurisdiction over vessel-source pollution under the LOSC. This examination covers jurisdiction of coastal States, jurisdiction of flag States and jurisdiction of port States, in various maritime zones, namely the territorial sea, contiguous zone, the exclusive economic zone, and the high seas.

Fourthly, the project will examine the EU approach: ship –source pollution, namely the Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements, and the Directive 2009/123/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2005/35/EC. In this regard, investigation will also be launched into the issue of the EU competence and position of international law under the EU law.

Last but not least, the project is expected to come up with necessary conclusions that are of relevance and significance to the EU approach in relation to the freedom of navigation in the exclusive economic zone.