285
© Springer Nature Switzerland AG 2019
A. Del Vecchio, R. Virzo (eds.), Interpretations of the United Nations
Convention on the Law of the Sea by International Courts and Tribunals,
https://doi.org/10.1007/978-3-030-10773-4_15
The European Court of Justice
and the Interpretation of the United
Nations Convention on the Law of the Sea
Gabriela A. Oanta
Abstract 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.
1 Introduction
In March 1998, the European Union (hereinafter, EU) adopted Council Decision
98/392/EC concerning the conclusion by the EU of the United Nations Convention
of 10 December 1982 on the Law of the Sea (hereinafter, UNCLOS)
1
and the
Agreement of 28 July 1994 relating to the implementation of Part XI thereof.
2
1 It entered into force on 16 November 1994. The status iuris and opinio iuris as are used in this
Chapter are of 1 June 2017.
2 Official Journal, L 179/1, 23 June 1998. See: COM(97) 37 final: Proposal for a Council Decision
concerning the conclusion by the European Community of the United Nations Convention of 10
G. A. Oanta (*)
University of A Coruña, ‘Salvador de Madariaga’ University Institute for European Studies,
A Coruña, Spain
e-mail: gabriela.oanta@udc.es
© Springer Nature Switzerland AG 2019
A. Del Vecchio, R. Virzo (eds.), Interpretations of the United Nations
Convention on the Law of the Sea by International Courts and Tribunals,
https://doi.org/10.1007/978-3-030-10773-4_15
The European Court of Justice
and the Interpretation of the United
Nations Convention on the Law of the Sea
Gabriela A. Oanta
Abstract 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.
1 Introduction
In March 1998, the European Union (hereinafter, EU) adopted Council Decision
98/392/EC concerning the conclusion by the EU of the United Nations Convention
of 10 December 1982 on the Law of the Sea (hereinafter, UNCLOS)
1
and the
Agreement of 28 July 1994 relating to the implementation of Part XI thereof.
2
1 It entered into force on 16 November 1994. The status iuris and opinio iuris as are used in this
Chapter are of 1 June 2017.
2 Official Journal, L 179/1, 23 June 1998. See: COM(97) 37 final: Proposal for a Council Decision
concerning the conclusion by the European Community of the United Nations Convention of 10
G. A. Oanta (*)
University of A Coruña, ‘Salvador de Madariaga’ University Institute for European Studies,
A Coruña, Spain
e-mail: gabriela.oanta@udc.es