scholarly journals Legal Regulation of Merchant Shipping (Review of the textbook “The Law of the Sea and International Maritime Business”)

2021 ◽  
pp. 154-159
Author(s):  
Sergey Yu. Kashkin ◽  
Paul A. Kalinichenko

The law of the sea is central to the modern international system and has a significant impact on the global economy. Its study is undoubtedly necessary for the education of highly qualified lawyers in the field of international law due to the fact that the safety of sea transport corridors plays a significant role in the development of international trade relations. Freedom of navigation practice in the post-industrial economy depends on the quality of the institutions of public maritime law and the efficiency of the execution of maritime contracts. Authors of the textbook made efforts to master the provisions of public maritime law in their relationship with the practices of merchant shipping, which is certainly interesting and useful due to the importance of maritime trade for achieving the sustainable development goals.

2012 ◽  
Vol 27 (4) ◽  
pp. 867-874 ◽  
Author(s):  
Irini Papanicolopulu

Abstract The article, adopting an innovative approach to the law of the sea, discusses the place and role reserved to persons in the United Nations Convention on the Law of the Sea (LOSC) and the legal regime of which it is a part. The LOSC and other law of the sea agreements are examined, focussing on provisions that mention persons, their rights and their duties. Shortcomings identified include: the difficulty to configure persons as the beneficiaries of rights and the recipient of duties and the ensuing uncertain subjectivity of persons under the law of the sea; the presence of numerous gaps and inconsistencies in the existing legal regulation; the unavailability of mechanisms to address violations of duties by states. The conclusions draw attention to the potential of the LOSC and other treaties to further develop the international legal regime applicable to persons at sea and to provide an adequate place for persons in the law of the sea.


Author(s):  
B. V. Zmerzlu

The article States that the organization of activities and management of commercial ports in Estonia is organized on the basis of the law on ports and the law on commercial sea transport in the current version. The port of Tallinn received its modern legal organization in 2018 with the formation of the corresponding joint-stock company and registration on the Nasdaq Tallinn exchange on June 13, 2018. the Basic regulations governing the system of its higher management are the «Regulations on the Association of Aktiaselts Tallinn Sadam» and «Rules of procedure of the Supervisory Board of Aktiaselts Tallinn Sadam». In them set out the procedure for possession and use of the stock of this company, Supervisory Board, management Board and other bodies working on permanent and temporary foundations; requirements for Board members.


Author(s):  
Pavliha Marko

This chapter examines the role of ethics in international maritime law and ocean governance. It first considers the general ethical flavour of international law, giving a few examples of moral standards in the law of the sea and maritime law, before discussing a range of issues relating to ocean governance. It suggests that the phrase ‘international maritime law’ should be understood broadly as inspired by the International Maritime Organization’s International Maritime Law Institute (IMO IMLI), thus including the law of the sea as part of public international law and the maritime law, also known as shipping, admiralty or marine law. The chapter goes on to outline actions aimed at conserving and sustainably using the oceans, seas and marine resources for sustainable development. Finally, it offers recommendations on how to improve legal education with an obligatory course on legal ethics.


Author(s):  
А.Х. Хабибулаев

В статье рассматриваются основные вопросы становления и развития законодательства о морской торговле, о перевозке грузов, о развитии судостроения и мореходного дела. Особое внимание уделено периоду до правления Петра I. Автор приходит к выводу, что морская торговля сложилась еще до Петра I, и торговое мореплавание регулировалось торговыми соглашениями и царскими грамотами, а при Петре I получило новый виток развития, с учетом опыта судостроения зарубежных стран. Мореходные кампании купцов дали начало казенной морской торговли и созданию военно-морского флота, способствовали развитию правового регулирования внешнеторговых операций морским транспортом. The article deals with the main issues of the formation and development of legislation on sea trade, on the carriage of goods, on the development of shipbuilding and maritime business. Particular attention is paid to the period before the reign of Peter I. The author comes to the conclusion that sea trade developed even before Peter I, and merchant shipping was regulated by trade agreements and tsarist charters, and under Peter I it received a new round of development, taking into account the experience of shipbuilding in foreign countries. The seafaring campaigns of merchants gave rise to state-owned sea trade and the creation of the navy, contributed to the development of legal regulation of foreign trade operations by sea transport.


2019 ◽  
Vol 19 (1) ◽  
pp. 105
Author(s):  
Dita Birahayu

<em>Forms of Indonesia as an archipelagic state struggle began Juanda Declaration of 1957 to the United Nations on the Law of the Sea in 1982. As a form of struggle Negara Indonesia in defending its maritime territory, there are legal barriers in an effort to enforce the maritime vision requiring maritime diplomacy as one solution. Through maritime diplomacy, national interests can be accommodated. The complexity of the problems that arise in the maritime region of Indonesia, the government of Indonesia should strengthen sectors including sectors related to maritime law. The purpose of this study are expected to know at the same time prevent any obstacles that arise in the implementation of maritime diplomacy. This study uses normative.</em><em> (</em>


2021 ◽  
pp. 139-162
Author(s):  
Anders Henriksen

The international law of the sea is one of the oldest disciplines of public international law. In fact, the identification and application of principles for governing the roughly 70 per cent of the earth’s surface that consists of water has been a topic of interest for centuries. This chapter deals with the main principles and rules that make up the international legal regulation of the seas. It begins by discussing the most important legal sources in the law of the sea, including the 1982 United Nations Law of the Sea Convention. It then discusses the spatial partitioning of the sea and the different maritime zones that exist in the law of the sea; discusses piracy; and examines a number of selected issues relating to the conservation of marine life. The final section provides a short introduction to dispute settlement in the law of the sea.


2019 ◽  
pp. 143-165
Author(s):  
Anders Henriksen

The international law of the sea is one of the oldest disciplines of public international law. In fact, the identification and application of principles for governing the roughly 70 per cent of the earth’s surface that consists of water has been a topic of interest for centuries. This chapter deals with the main principles and rules that make up the international legal regulation of the seas. It begins by discussing the most important legal sources in the law of the sea, including the 1982 United Nations Law of the Sea Convention. It then discusses the spatial partitioning of the sea and the different maritime zones that exist in the law of the sea; discusses piracy; and examines a number of selected issues relating to the conservation of marine life. The final section provides a short introduction to dispute settlement in the law of the sea.


Author(s):  
Anders Henriksen

The international law of the sea is one of the oldest disciplines of public international law. In fact, the identification and application of principles for governing the roughly 70 per cent of the earth's surface that consists of water has been a topic of interest for centuries. This chapter deals with the main principles and rules that make up the international legal regulation of the seas. It begins by discussing the most important legal sources in the law of the sea, including the 1982 United Nations Law of the Sea Convention. It then discusses the spatial partitioning of the sea and the different maritime zones that exist in the law of the sea; examines a number of selected issues relating to the conservation of marine life; and discusses the protection of the marine environment. The final section provides a short introduction to dispute settlement in the law of the sea.


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