The European Court of Justice and the Interpretation of the United Nations Convention on the Law of the Sea

• Autores: Gabriela A. Oanta
• Localización: Interpretations of the United Nations Convention on the Law of the Sea by international courts and tribunals / Angela Del Vecchio (ed. lit.), Roberto Virzo (ed. lit.), 2019, ISBN 9783030107727, págs. 285-305
• Idioma: inglés
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• Resumen

  • Since it began to produce legal effect in the European Union, the United Nations Convention on the Law of the Sea has had a relevant presence on the European Court of Justice’s agenda. Over the last 20 years or so, this Court’s judicial activity has focused on the interpretation and application of this international treaty as an integral part of the European Union legal order. In addition, this Convention has become a significant source of rights and duties for the Union in the field of the law of the sea, which could explain the extensive case law on several of its provisions. Against this background, this book chapter will be divided into three main parts. Thus, the first part will address the relationship between the United Nations Convention on the Law of the Sea and the European Union legal order, the second part will focus on the legal reasons for the work done by the European Court of Justice on this international mixed treaty, and the third part will examine the presence of this Convention in the European Court of Justice case law developed from the case Commission v. United Kingdom (C-146/89, July 1991) to the present.