The effect of EC membership of the IMO in 'internationalising' EU maritime transport law and policy

Abstract

The present master thesis deals with the possibility of the European Community (EC) becoming a full member in the International Maritime Organization (IMO). The focus of the paper are the possible consequences EC IMO membership might have in international law. The European Commission has already expressed the wish to apply for IMO membership several times and is intensifying its efforts again at the moment. The present thesis attempts to analyse the motivations of the Commission to do so as well as the position of the Member States of the European Union (EU). The organizational structure and workings of both the EC/EU and the IMO will be discussed. In addition, I will provide an overview of how the idea of European membership in the IMO developed. Another section discusses how an eventual EC membership might influence the existing structures. Two different scenarios will be discussed in particular. First, if the EU/EC membership was to replace the membership of single European Member States, how could this practically work ? And would the result still be in compliance with the general idea of the IMO ? Secondly, if the EU/EC membership was to support the memberships of the single European Member States, how could the overlapping competences be distributed ? Chapter 5.4.2 will examine the EC's membership in the World Trade Organisation in order to demonstrate how a shared membership might work. Further, this thesis also tries to give an overview how the idea of a single European membership is evaluated by international organisations as well as by Non-EU Members in the IMO. It is important to point out that many sources speak about an EU membership in the IMO. This is factually not very correct, as it would be only the EC who could become a member in international organisations. However, as even the European bodies themselves inconsistently use the terms EU and EC, one might assume that the focus should be on European membership as such. The legal consequences on the national level which an EC membership might involve will not be discussed as they go well beyond the scope of the paper.