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THE LAW OF THE SEA (A Summation)


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


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