Topic 1

1.
Concepts and principles of maritime law
Maritime law is a body of laws, conventions, and treaties that govern

private maritime business and other nautical matters, such as contracts,
torts, injuries and other offenses that take place on any navigable
water. ( F.e. fault principle: a colliding vessel will not be held
responsible for damage to another ship unless the collision is caused by
a deficiency in the colliding vessel ).
2. Concepts and principles of the Law of the sea
The Law of the Sea is a body of public international law that involves
how nations act with other countries concerning maritime issues.
The Law of the sea usually deals with:
Navigational Rights – grants other nations the right to pass through

territorial waters even military vessels.
Jurisdiction Over Coastal Waters – territorial waters were extended

from three nautical miles to 12 nautical miles.
Ownership of Natural Resources – this sets an exclusive economic zone

for each nation, allowing up to 200 nautical miles from baseline.
The International law of the sea is governed by three principles: the

principle of freedom, the principle of sovereignty and the principle of
the common heritage of mankind.
Principles of International Law:
a) The principle that States shall refrain in their international

relations from the threat or use of force against the territorial
integrity or political independence of any State, or in any other
manner inconsistent with the purposes of the United Nations.
b) The principle that States shall settle their international disputes by
peaceful means in such a manner that international peace and
security and justice are not endangered.
c) The duty not to intervene in matters within the domestic
jurisdiction of any State, in accordance with the Charter.
3. Sources of Maritime Law

a) national laws.
b) international conventions.
c) international custom, as evidence of a general practice accepted
as law.
4. Sources of the Law of the Sea
a) international conventions, whether general or particular,
establishing rules expressly recognized by the contesting states
b) international custom, as evidence of a general practice accepted
as law
c) the general principles of law recognized by civilized nations
d) subject to the provisions of Article 59, judicial decisions and the
teachings of the most highly qualified publicists of the various
nations, as subsidiary means for the determination of rules of law.
5. Conference on the Law of the Sea ( 1958 )
The Conventions and Protocol are the product of the first United
Nations Conference on the Law of the Sea, held in Geneva from 24
February to 27 April 1958. On 29 April the United Nations Conference
on the Law of the Sea opened four conventions for signature and an
optimal protocol: the Convention on the Territorial Sea and the
Contiguous Zone ( CTS ); the Convention on the High Seas ( CHS ); the
Convention on Fishing and Conservation of the Living Resources of the
High Seas ( CFCLR ); the Convention on the Continental Shelf ( CCS );
and the Optional Protocol of Signature concerning the Compulsory
Settlement of Disputes ( OPSD ).
6. The 1958 Geneva Conventions
CTS – states cannot suspend the innocent passage of foreign ships

through straits that are used for international navigation between one
part of the high seas and another part of the high seas or the territorial
sea. Entered into force on 10 September 1964.
CHS – international treaty which codifies the rules of international law

relating to the high seas ( international waters ). Entered into force on
30 September 1962.
CFCLR – an agreement that was designed to solve through international

cooperation the problems involved in the conservation of living
resources of the high seas. Entered into force on 20 March 1966.
CCS – represents the first great effort to determine by an act of

international legislation the scope of the continental shelf doctrine in
international law. Entered into force on 10 June 1964.
7. The value of the United Nations Convention on Law of the Sea

1982 ( UNCLOS ) in the codification and development of
international maritime law.
UNCLOS – The United Nations Convention on the Law of the Sea was
adopted in 1982. It lays down a comprehensive regime of law and order
in the world’s oceans and seas establishing rules governing all uses of
the oceans and their resources. Its objectives are to facilitate
international communication, promote the peaceful uses of the seas
and oceans, the equitable and efficient utilization of their resources,
the conservation of their living resources, and the study, protection and
preservation of the marine environment.

Topic 1

Uploaded by

Copyright:

Available Formats

Topic 1

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Topic 1

Uploaded by

Copyright:

Available Formats

1.

Concepts and principles of maritime law

Maritime law is a body of laws, conventions, and treaties that govern

2. Concepts and principles of the Law of the sea

The Law of the sea usually deals with:

Navigational Rights – grants other nations the right to pass through

Jurisdiction Over Coastal Waters – territorial waters were extended

Ownership of Natural Resources – this sets an exclusive economic zone

The International law of the sea is governed by three principles: the

Principles of International Law:

a) The principle that States shall refrain in their international

3. Sources of Maritime Law

6. The 1958 Geneva Conventions

CTS – states cannot suspend the innocent passage of foreign ships

CHS – international treaty which codifies the rules of international law

CFCLR – an agreement that was designed to solve through international

CCS – represents the first great effort to determine by an act of

7. The value of the United Nations Convention on Law of the Sea

You might also like