Skip to main content

THE LAW OF THE SEA (A Summation)

INFORMATIONAL ONLY NOT LEGAL ADVICE

The Law of the Sea covers these principle points;


  • Geographical Position


  • The Territorial Seas of a State (TS)


  • Internal Waters of a State


  • The Contiguous Zone (CZ)


  • The High Seas


  • The Exclusive Economic Zone of a State (EEZ)


  • The Continental Shelf


  • Archipelagic States


  • Nationality of Ships, Flag State, Registration


  • Nationality of Owners, Operators, Master, Crew


  • International Conventions


  • The Relationship between International and National Law, Implementation of Conventions


  • International Conventions and "Yachts"

International Law are the principles and rules of conduct that nations regard as binding upon them. That they are expected to and usually do, observe in relationships with one another. The need for some principles and rules of conduct between independent States arises whenever such States enter into mutual relations. International Law is the law of the International Community.

Modern International Law emerged as the result of the acceptance of the idea of a sovereign state. This formed a basis for maritime law development and international law has established the concept of 'Freedom of the Seas'. In 1919 CE the League of Nations was established. One of the provisions was the establishment of a "Permanent Court of International Justice" and this was done in 1921. On occasions maritime issues were addressed. Prior to World War 2 the League ceased to be effective. After the termination of World War 2 in 1945 CE, the United Nations Charter created the United Nations Organization in 1948 CE. Elaborate machinery evolved to solve disputes amongst nations and this led to the further development of International Law and resulting Maritime Law. The UN Charter established the "International Court of Justice" which is charged with progressive development and codification of International Law, such as the Law of the Sea that was first addressed in 1958 CE.

Maritime Law is the branch of law relating to commerce and navigation on the High Seas and other navigable waters. More specifically the term refers to the body of information, legislation, international treaties and court decisions pertaining to ownership and operation of vessels, transportation of passengers and cargo in them and the rights and obligations of their crews while in transit. In the United Kingdom Courts of the Admiralty administer Maritime Law while in the United States this is assigned to the Federal Courts.

An action 'in rem' is only permissable in Admiralty Law. It is an action against the ship and not the person.

Good Watch

Comments

Popular posts from this blog

PAINT LOCKER FIRES

The photographs above are revealing in several ways, lets have a look. Clearly the Japanese Maritime Self Defence Force (JMSDF) vessel JS "Kurama" impacted the Korean container ship MS "Carina Star" just aft of the turn of the fo'cs'le on the Starboard side. Please note that's the Starboard side, thus it appears JS "Kurama" would have shown "Carina Star" the red port sidelight and "Carina Star" would have shown JS "Kurama" the green starboard sidelight. This impact point would tend to suggest that JS "Kurama" was the 'stand-on' vessel and the MS "Carina Star" is the 'giving-way' vessel. Until there is a complete plot of the tracks made good of both these vessels and the position in the Kanmon Strait of the point of collision no determination can actually be made. As a result of this impact there was severe bow damage to JS "Kurama" and in addition a massive f

HOW TO WEAR A LIFEJACKET

A popular U.S.-based cruise ship style A popular European ferry style Several times during the year NAUTICAL LOG has had visitors searching for lifejacket instructions. With two just over Christmas we decided to publish something for everybody to see and read. Choose a Coast Guard approved life-jacket and make sure it is undamaged. Make sure life-jackets are readily accessible, never locked away. Check the fit, there are adult, child and infant sizes, the correct one MUST be used. Choose bright colour life-jackets so as to be seen easily by Search and Rescue (SAR). Put your life-jacket ON BEFORE you leave the berth. Make sure you have a light and whistle attached AND they BOTH WORK. Good Watch

BOUILLABAISSE

TAAF Service vessel operated by CMA CGM TAAF Regional flag Well now let us see if here at NAUTICAL LOG we have got a grasp on things simmering in the pot. It seems that when the anti-whaling campaign started out some years ago it was between Greenpeace, the Sea Shepherds and the Japanese whaling fleet. The Australians came down to their own Southern Ocean Territory in a chartered civilian vessel one year. Beyond taking photographs and returning some Sea Shepherds to their ship the MS "Steve Irwin" not much was accomplished. The Greenpeace crowd then dropped out and Animal Planet boarded the MS "Steve Irwin" to shoot 'reality TV' and so Whale Wars came into being. This resulted in some deplorable behaviour on all sides and some appalling exhibitions of seamanship - or rather total lack of seamanship by the Sea Shepherds. But now there was money coming in which could be spent on - well nobody really knows what the money is spent on. New Zealand made it q