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The Queen (on the Application of the International Association of Independent Tanker Owners (Intertanko) and Others) v. Secretary of State for Transport

Court of Justice of the European Communities.  03 June 2008 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Sea — Maritime zones — High seas — Exclusive economic zone — Territorial sea — Rights of coastal State and flag States — Pollution — United Nations Convention on the Law of the Sea, 1982 — International Convention on Maritime Pollution, 1973 and Protocol (MARPOL 73/78) — Whether coastal State entitled to impose standards higher than those of MARPOL 73/78 on ships of other flag States — Powers of European Community

Treaties — Parties — Effect of treaties upon non-parties — European Community — Treaties concluded by European Community — Treaties to which European Community not a party but which are binding on all Member States — Effect in Community law

Treaties — Interpretation — Principles of interpretation — Object and purpose of the treaty — Treaty as aid to interpretation of national law

Relationship of international law and municipal law — European Community law — Treaties concluded by Community — Whether part of Community legal order — Whether possessing primacy over Community legislation — Treaties binding Member States but not the Community — Whether validity of Community legislation can be assessed in light of treaty — Whether treaty confers rights upon individuals — Whether treaty precise and unconditional

International organizations — European Community — Nature of Community as a subject of international law — Whether Community obliged to act in accordance with international law — Whether Community’s powers to legislate limited by international treaty obligations of the Member States — The law of the European Community

Type
Case Report
Copyright
© Cambridge University Press 2011

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