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Title: The European Union, its member states & the Law of the Sea : an assessment of the relationship between the EU and its member states in european external relations law pertaining to the United Nations Convention on the Law of the Sea
Author: Diewitz, Ben-Jacob
ISNI:       0000 0004 2729 6294
Awarding Body: University of Bristol
Current Institution: University of Bristol
Date of Award: 2012
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This thesis seeks to understand the nature of the legal relationship between the European Union and its Member States in their external relations regarding the United Nations Convention on the Law of the Sea (UNCLOS). It begins with an examination of the problems that the Union (at the time the European Economic Community) and its Member States encountered during the negotiations at the Third United Nations Conference on the Law of the Sea. In light of this, the thesis assesses the underlying reasons for the negotiation outcomes at the Conference. The thesis then considers declarations of competence, which were one of the major concessions that had to be made at the Conference for being allowed to become a member to UNCLOS. In doing so, it will assess the reasons for their introduction and the challenges that have been created as a result of having to declare competences to treaty partners. Having considered the relationship of Member States and the Union in relation to UNCLOS itself, the thesis will move on to examine their relationship in regard to the implementation of the external elements of UNLCOS obligations. First fisheries matters will be examined as an area, in which the Union has exclusive competence. This is followed by a consideration of matters of maritime safety, an area for which competence is shared by the Union and its Member States. In both areas the thesis will assess the elements required for the success of the Union's external relations. The final part of the thesis will further examine the role of the Court for the relationship between the Union and its Member States by examining the MOX Plant case and recent case law. They duty of cooperation will be a particular feature of this analysis.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available