Maritime Law And Legislation "Law Of The Sea"

2480 Words10 Pages
Maritime Law and Legislation: Law of the Sea Course Code: MPMM504G Student ID: PS52866 Micheal Scipio Submitted on October 13th, 2010 at 1600 Hrs Word Count: 1999 Assignment: In 2006, Anne Marie Slaughter and William Burke-White asserted through their publication in the Harvard International Law Journal that “…the future of international law is domestic”. Critically assess the validity of this statement with reference to the implementation of International Maritime Law in the Commonwealth. There are three main branches of maritime law, national maritime law; public international maritime law, governing contracts and agreements between countries and also their customary laws for regulating various types of international maritime relations; and private international maritime law, which include both the conflicts rules of a particular country and the rules of international agreements in which the country participates. [1] The theory of dualism contends that international law and domestic law are separate legal orders and as such international law cannot operate directly in the domestic sphere but needs to be transformed into domestic law by the legal acts of States. On the other hand, the theory of monism views all law as part of the same universal normative order and in that way international law does not need to be transformed to apply in the domestic legal order.[2]. While there are two separate areas of law, international and domestic, for them to operate effectively within a sovereign state they need to be closely knit together. The IMO has prepared several international conventions concerning maritime safety some of these include the Safety of Life at Sea Convention (SOLAS), the Collision Regulations (COLREGS), Maritime Pollution Regulations (MARPOL), Maritime Search and Rescue Convention (IAMSAR) and others. The United Nations Convention

More about Maritime Law And Legislation "Law Of The Sea"

Open Document