Peculiarities in the work of the UN conference

February 18th, 2012

Perun ShipThis international agreement has a universal character, this universality is to establish the content, nature and form of international agreement itself, clearly defined written rules of maritime law with a global perspective. In the Convention are imported and significant changes in existing maritime law.
The difficulties are related to differences in economic development of the countries themselves, there were different political systems, third-world countries, have different technological advances, is difficult to determine the status of vessels in the ocean. These difficulties influence their positions on the delegates on their speeches. The universal character is manifested in the fact that general democratic character.
The second feature is that it leads to a form of interaction and problem solving through consensus – without this conference will fail. The legal concept of consensus – if those who disagree can make an objection. Another feature is that there is a holistic approach in discussing texts bundled approach – Adoption of texts on various issues, eg. generally consider the problem of the whole field of maritime law, for example. water protection.
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Results from Geneva Conventions

February 7th, 2012

Emma Maersk shipThe decision to convene a conference in ’58g. was taken by the UN General Assembly in resolution spec. Have been adopted four international legal acts. The importance of the conference – laid the beginning of a global universal codification of customary maritime law – defining modes of the seas, the status, use and conservation of resources, etc.; expands contract law in maritime law, have introduced new principles and norms in this already written law. These rules are also adopted by the States which have not participated in the conference.
Territorial Sea – Coastal States exercise sovereignty, but I was not certain how far will the inner boundary.
In the surrounding area also has not been determined width.
Be established on the high seas freedoms – access of all countries, enforcement of the flag, freedom of navigation and others. For shelf also has not appointed an external border of this conference.
The next conference is ’60s. To resolve outstanding issues for the widths of marine areas. These conferences are successful attempt for the progressive development and codification of maritime law. Convene a new global forum on maritime law, these conferences included in the number of contract law principles and norms that are codified in special conventions later after ’60g. These conferences have impacts not only on sea but also on the development of the whole contract law within the UN.

Specific priciples of Maritime Law

February 1st, 2012

Cargo Ship containersThey are detrimental to regulate relations between states and more concrete.
- The use of the oceans for peaceful purposes. The vision is that the ocean should not be used for tensions between countries and to support understanding. It guarantees the security of states; used resources of the ocean on an equal footing, clearly defining the framework for the application of nationality courts of the Member; by negotiation to determine both the status and usage of different sea areas; right of innocent passage through territorial seas, straits, canals, right of transit, freedom of the high seas – used only for peaceful purposes;
- For declaring the area as common property and heritage of mankind – this is a new institute of maritime law, that kind of space is related to the use of the wealth of the seabed. Black Sea is no such concept area, because the bottom has no wealth. We and the sea because it is small. The region has the status of the sea, but has that its use is associated with the resources at the bottom, and create specialized institutions in connection with the use of areas;
- Principle of use of resources – for the rational use and conservation. To make efficient and rational resources to protect threatened species. When national jurisdiction – the state itself is responsible for the protection and use of riches. Not only must respect this principle, but to apply the rules which prescribe it – a modern country, abusing the right to use.
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Convening and organization of the work of the third UN Conference on Maritime Law

January 25th, 2012

UN ConferenceThe conference deals with environmental issues and the ocean. There was a conference of 54, which briefly hit the problems of the sea, but in the 1960 were more serious. Another prerequisite is the need to expand cooperation between the countries regarding the use and protection of the oceans.
In 1968 the Committee has been established for use of the seabed and subsoil beyond national jurisdiction applications. This committee shall be converted later into a preparatory body for the conference itself.
Conference opened in 1973. U.S. President, the General Secretary of the UN and others. The first session in New York. In 1974 the Second Session be adopted so-called. procedural rules for negotiating a new international agreement are defined organs and officials to deal with specific problems. Formed to three main committees – the seabed; for marine spaces, research and conservation of the marine environment. There are also 17 sessions of this Conference. It ends in 1982 and the success from the conference was really big and formed the modern shipping.

General Information about Geneva Conventions

January 6th, 2012

Merchant ShippingGeneva Conventions on the Law of the Sea have signed a development of the first United Nations Conference on Law of the Sea April 29, 1958 treaty. The contract shall be approved foundations of international legal regimes of territorial waters, continental shelf and the sea, the principles of international shipping and fishing. Currently signed four conventions – the Territorial Sea and the coastal zone; on the high seas, for continental shelf, Fisheries and save the living resources of the high seas.
Approved are the following conventions:
- Convention on the Territorial Sea and the coastal zone
- Convention on the high seas
- Convention on the Continental Shelf
- Convention on fishing and conservation of living resources of the high seas

USA urged China to observe the International Maritime Law

December 7th, 2011

Maritime LawThe White House urged China to observe international maritime law after the dangerous maneuvers, which the Pentagon conducted five Chinese ships near U.S. Navy vessel in international waters in the China Sea. That news agency said.
“Our ships have sailed completely legally in international waters where the incident occurred”, said White House spokesman Robert Gibbs. “We will continue to move in those international waters and we expect the Chinese to observe international law,” he told reporters. Gibbs noted that the U.S. government sent a protest in Beijing after Chinese ships maneuver before a U.S. court, which was defined by the U.S. as “harassment.” Five Chinese ships carried dangerous maneuver on Sunday near an unarmed U.S. Navy ship in international waters in the China Sea, the Pentagon said.

Principles of Maritime Law

November 30th, 2011

Maersk ShipThese 7 plus 3 principle established in the UN Charter. They are detrimental to relations between the countries. These principles are mandatory in nature, are important for all IML, but also apply to sea.
Principle of sovereign equality of states in the use and conservation of the oceans – excluding the dictates of one country over others. Must respect the sovereignty of all countries. When determining the mode and status of marine spaces again affects to be respected and respect the sovereignty of other states.
Principle of cooperation in the use and conservation of the oceans. It finds application in all activities at sea. States should cooperate in a spirit of goodwill, under mutually agreed terms and to settle all problems precisely in this spirit.
Principle of peaceful settlement of disputes concerning the use and conservation of the ocean. Let there be no war and conflicts in a peaceful way to solve any problem concerning the use of the ocean to prevent the emergence of conflicts between states.
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Evolution of the Maritime Law

November 29th, 2011

Maritime LawThe beginning is still in the development of relations between countries in the specific historical conditions and the interests of the peoples of the sea. Early marine waters were used for extraction of fish, then – transport links, trade is developed. In a later emerge claims of states to control the seas regime. It stages of scientific discovery and technological progress. It is for these new technologies allowing to be used in more ocean resources, to develop seabed. In the 1917-1918 age has begun to talk about freedom of the high seas; justifications that the sea is common property or anyone’s, and various theories about the mode of sea water. The basic theory was developed by Grotsi – Dutch jurist. At the Hague Conference also achieved significant progress.
After the Second World War – so called. The Truman Proclamation as the behavior of the U.S. – the right to use resources that are located along the shores of the United States. Taking advantage of this proclamation, began to claim the countries of South America for the use of riches and fishing around its shores.
With its activities the UN Commission created a series of texts relating to maritime law and a special United Nations Conference on Maritime Law in 1958. and is held on the shore of Lake Geneva. Was not successful. Later convene next conference in 1968. And third – in 11973.
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Concept, object and features of the Maritime Law

November 25th, 2011

Ship MaritimeThe system of principles and norms that determine legal regime of the ocean, the status of maritime space and everything is connected between the use and conservation of the oceans. Including the World Ocean. all the oceans, seas, there are some exceptions. World Ocean covers most of the planet (2 / 3, 71%). The majority of water supplies are precisely of the ocean, although salt water, it is processed. Waters of the ocean, or about 150 thousand species of flora and fauna. World Ocean includes all the seas and oceans, among which there is a link (straits, channels). Mode of use of marine areas – what man is determined to be admissible as activities – how are specified the rights of human activity.
Status – covers the physical characteristics of seas, oceans.
This law deals with everything related to that human activity – in the carriage of goods by sea transport, mining, etc minerals.Much of international law in general maritime law – There are big interests of states. Law of the Sea is an independent branch of international law – maritime law to follow the general principles of IML and then has its own specifics.
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Sources of Maritime Law

October 15th, 2011

LawThe main division of the written and unwritten (customs) sources. Dominant in the field of maritime law is customary law at the time of codification.
Developed in 2 directions – common agreements and adoption of specific legislation on specific issues. There is a correlation between regular and writing complementarity. Typical of maritime law is that some international treaties impose its rules and states not party to the contract. Disputes between states are resolved through international in The Hague, as there are specialized judicial body – the International Tribunal for the Law of the Sea in Hamburg.
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