Legal Remedies

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Objectives: 

  • to examine the legal remedies available to potential violations of international law in the context of the present inquiry

Description of work

The EU Maritime Security Strategy and its revised action plan in place since last year gives rise to a host of legal issues, including issues concerning the law of the sea, human rights law, EU law, transnational criminal law, law of international responsibility, law of international organisations. Needless to say, it is likely that there will be breaches of international or EU law rules, especially human rights law or law of the sea. Once an international obligation is breached by the conduct of either a State or an international organization, the law of international responsibility comes into play, including the search for the appropriate remedies. The question is, however, what kind of remedies are appropriate in the context of the EUMSS, and more importantly, before which court or tribunal such an application may be brought? 


To illustrate the complexity of the problem, let’s assume that there is an unlawful boarding operation of a foreign-flagged fishing vessel on the high seas and a disproportionate use of force against its crew by FRONTEX officers on board of a private vessel, owned and operated by FRONTEX, but flagged to Greece. Against whom will the injured party, be it the flag State of the fishing vessel or the crewmember involved, bring a lawsuit? Against the EU, the flag State, or the State of the nationality of the wrongdoer officer? And before which court? Is there any room for the principle of joint and several liability in this context? 


The research work at this pahse will be desk-based research. It will produce a research paper and contribute to the final conference.