Maritime law pdf

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I wish to continue to stay in touch with developments. Will like to be information relating to issues on The Law of the sea. Dear Marine Insight, Good day! Principles, customary practices, treaty customs, rules and contractual arrangements which nations have consented to observe as legally binding in their dealing with each other. Municipal Law Municipal law regulates the States internal affairs. Relationship between individuals or relationships between individuals and their Governments.

Municipal Law is subdivided into private law and public law. Private Law This is concerned with disputes among private citizens or private organizations, such disputes may arise out of a contract or wrongful act or a business transaction or family disputes over the property ownership. Public Law In the most general sense, public law involves relations between private citizens or organizations and government. Protection of the citizen against arbitrary acts of executive or administrative bodies; the validity of legislation and governmental regulation of trade and commerce.

Maritime Law Maritime law also referred to as Admiralty law is the law of the sea. It covers all marine activities on navigable waters of any State and on all international waters. The primary source of maritime law are customary practices which have been accepted as the norm.

If maritime law is to have any effect, it has to be enforced. Enforcing powers are effected when the laws are incorporated into national legislation. International Conventions A treaty adopted by a diplomatic conference is expected to have global application, hence theses conferences are open to all IMO member States. Other groups are invited to attend but they do not have a say in the decision making.

Each State sends accredited representatives to the diplomatic conference to participate on their behalf. International Convention The delegate may sign on behalf of his Government, subject to ratification, acceptance or approval by the State. A convention usually remains open for signature for a prescribed period. States that did not attend the diplomatic conference may become party to the convention by submitting an instrument of accession.

Entry into Force Each Convention includes criteria stipulating conditions that have to be met before it enters into force. These conditions vary; however, the more complex , the more stringent the conditions for entering into force.

The tacit acceptance procedure requires that amendments enter into force on a specified date unless an agreed number of States object by the agreed date. Main Organizations The following organizations are the main ones that generate maritime law that is applicable on an international basis: International Maritime Organization International Labour Organization United Nations.

Flag State Jurisdiction A State that allows the registration of vessels under its flag has the jurisdiction and control in administrative, technical and social matters over the ships flying its flag.

This obligation is necessary to ensure safety at sea with regard to: - construction - maintenance and seaworthiness - manning - prevention of collisions The monitoring of such vessels requires that the vessels are appropriately surveyed for their condition, equipment and manning. In general, the flag State has the duty to take any steps in ensuring that the vessels under its flag observe international regulations, procedures and practices.

Coastal State Jurisdiction A State having a coastline is entitled under international law to take steps to protect its own interest. Port State Jurisdiction A port State shall be deemed to be any port that a vessel of foreign flag visits. The paper deals with the positive law regulating the standards of prevention of pollution by sewage from yachts and pleasure craft and its specific application in the context of the ports of nautical tourism marinas.

The problem of The problem of pollution by sewage from yachts and other recreational craft is specific considering the large and increasing number of yachts sailing in Croatian waters, the particular technical characteristics of pleasure craft, the way they are constructed and certified, the manner in which they are used and operated, and the fact that the nautical ports in which the yachts and other pleasure craft are berthed are special purpose ports subject to a specific legal and management regime.

Croatia, is a party to MARPOL, the main international convention covering prevention of pollution of the marine environment by ships. U ovom radu iznosi se kratak Related Topics. Law of the Sea. Follow Following. International Law. Commercial Law. Marine Insurance Law. Nations are encouraged to work together to form regional plans for the preservation of the marine environment as well as to develop contingency plans for responding to pollution incidents and coordinating with one another in data-sharing on regional marine pollution and establishing scientific criteria for the promulgation of regulations regarding marine pollution.

Answer Q3 Social science is an academic discipline concerned with society and the relationships among individuals within a society. It includes anthropology, economics, political science, psychology and sociology.

In a wider sense, it may often include some fields in the humanities such as archaeology, history, law, and linguistics. The convention took place between and , and also called Law of the Sea Convention or the Law of the Sea treaty. A sovereign state is a nonphysical juridical entity that is represented by one centralized government that has sovereignty over a geographic area. The issue was the varying claims of territorial waters. The items that made this treaty as important references are the limits set such as internal waters, territorial waters, archipelagic waters, contiguous zone, exclusive economic zones EEZs , continental shelf, and also the general commitments for protecting marine environment.

No taxation of traffic through transit states to and from the sea for landlocked states. This convention is not yet in force as it lacks the requisite number of signatories at the IMO level there were 27 contracting states to this convention as of 31 October The high level of ratification of these conventions is an indication of the priority given by governments around the world in adhering to international standards in shipping.

Malaysia is doing the needful to become a party to these conventions. As Malaysian ships calling at international ports are required to conform to their regulations it underscores the need for Malaysia to conform to international standards by way of ratifying key IMO Conventions. Being a littoral state to one of the busiest sealanes, the Straits of Malacca, it is also crucial that Malaysia adopts international standards on safety, security and environmental protection to ensure that its surrounding waters are secure and safe for shipping and are protected from dense shipping traffic.

Answer Q5 The process of implementing maritime law in Malaysia: 1. Malaysian appointed officials attend the international conventions and raise concerns about Malaysian status. Malaysia may also appoint experts within the govern-ment or private sectors to sit in the committee to draft the international conventions.

The final draft distributed to member nations of IMO, for them to bring it back to their respective countries. They have to acknowledge by being a signitary to it. The conventions documents to be translated to member countries own national languages or they make take any 7 of the translations copy to be debated in the parliament or their respective legislative bodies.