Port State Control of Civilian Search and Rescue Vessels before the European Court of Justice: The Sea Watch Cases
Publikation: Beiträge in Zeitschriften › Zeitschriftenaufsätze › Forschung › begutachtet
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in: International Journal of Marine and Coastal Law, Jahrgang 39, Nr. 1, 2024, S. 179-190.
Publikation: Beiträge in Zeitschriften › Zeitschriftenaufsätze › Forschung › begutachtet
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TY - JOUR
T1 - Port State Control of Civilian Search and Rescue Vessels before the European Court of Justice
T2 - The Sea Watch Cases
AU - Schatz, Valentin
AU - Wissmann, Sara
N1 - Publisher Copyright: © 2023 Brill Nijhoff. All rights reserved.
PY - 2024
Y1 - 2024
N2 - On 1 August 2022, the Grand Chamber of the European Court of Justice (ECJ) rendered its preliminary ruling in the joined cases C-14/21 and C-15/21, which concerned the detention of two German-flagged civilian rescue vessels operated by the German non-governmental organisation Sea Watch. The detention was executed by Italian port authorities following port State inspections carried out pursuant to Directive 2009/16 on Port State Control (PSC Directive). The ECJ's judgment is the first to comprehensively address and clarify the legal framework governing the European Union's system of port State control. The Court provided several clarifications concerning the interpretation of the PSC Directive as well as relevant rules of the international law of the sea. Overall, these clarifications may be considered positive for the rule of law in the context of port State inspections of civilian search and rescue vessels.
AB - On 1 August 2022, the Grand Chamber of the European Court of Justice (ECJ) rendered its preliminary ruling in the joined cases C-14/21 and C-15/21, which concerned the detention of two German-flagged civilian rescue vessels operated by the German non-governmental organisation Sea Watch. The detention was executed by Italian port authorities following port State inspections carried out pursuant to Directive 2009/16 on Port State Control (PSC Directive). The ECJ's judgment is the first to comprehensively address and clarify the legal framework governing the European Union's system of port State control. The Court provided several clarifications concerning the interpretation of the PSC Directive as well as relevant rules of the international law of the sea. Overall, these clarifications may be considered positive for the rule of law in the context of port State inspections of civilian search and rescue vessels.
KW - civilian search and rescue
KW - European Court of Justice (ECJ)
KW - port State control
KW - Sea Watch
KW - Law
UR - http://www.scopus.com/inward/record.url?scp=85181003354&partnerID=8YFLogxK
UR - https://www.mendeley.com/catalogue/c8dac6a8-403d-345d-93e9-db7c7a5f663c/
U2 - 10.1163/15718085-bja10158
DO - 10.1163/15718085-bja10158
M3 - Journal articles
AN - SCOPUS:85181003354
VL - 39
SP - 179
EP - 190
JO - International Journal of Marine and Coastal Law
JF - International Journal of Marine and Coastal Law
SN - 0927-3522
IS - 1
ER -