17
What is Law A rule of conduct established and enforced by the authority, legislation, or custom of a given community, State, or nation. Rules established by a governing authority to institute and maintain orderly coexistence

Maritime Law

  • Upload
    sabeer

  • View
    36

  • Download
    1

Embed Size (px)

DESCRIPTION

maritime

Citation preview

  • What is LawA rule of conduct established and enforced by the authority, legislation, or custom of a given community, State, or nation.Rules established by a governing authority to institute and maintain orderly coexistence

  • Division of LawLaw is generally divided into four principle classes, namely:Natural law; The law of nations; Public law; and, Private or civil law.

  • Natural LawRefers to a type of moral theory, as well as to a type of legal theory, but the core claims of the two kinds of theory are logically independent. We have the right to defend ourselves and our property, because of the kind of animals that we are.

  • Law of NationLaw of Nations is the science of the rights which exist between Nations or States, and of the obligations corresponding to these rights.

    Principle and rule of conduct which should prevent the strongest nation from abusing its power.

  • Public LawThe branch of law that deals with the state or government and its relationships with individuals or other governments.

    A law affecting the public.

  • Civil and Private LawThe body of laws of a state or nation dealing with the rights of private citizens. (Civil Law)

    The branch of law that deals with the legal rights and relationships of private individuals. (Private Law)

  • Maritime Law A system of law regulating the relation between sovereign states and their rights and duties with respect to each other.

    Also known as Admiralty law.

  • Development of Maritime Law First official step in this regards was Geneva Convention 1958.Known as United Nation Convention on Law of Sea.Result of meeting:Convention on Territorial sea and contiguous zone.Continental Shelf.High Seas.Fisheries and Protection of living resources of high seas.

  • Development of Maritime LawSecond step :- united nation conference on law of sea held in 1960, but without any result.Third Step :- third conference heLd by united nation in 1973. Which lasted till 1982.Result was very successful.Adoption of Unclos 1982 and came into force on 16 Nov 1994.

  • Outcome of Unclos 1982 Acknowledge, supplemented and developed a number of provision in Geneva convention 1958.First territorial sea was defined and limited to 12nm only.Also includes 200 nm as EEZ as demanded by various nations.Law to govern research and exploitation in areas of international seabed were established.Concept of Archipelagic water was also introduced for first time.Rights of transit passage thru International strait was also defined.

  • Sea Area as defined in Unclos 1982INTERNAL WATERSBASELINE12 NM24 NMTERRITORIAL SEACONTIGUOUS ZONEEEZ200 NMCONTINENTAL SHELF

  • Division of sea AreaSea is divided into following area:Inland waterTerritorial waterContiguous ZoneEEZContinental ShelfInternational StraitsArchipelagic waterHigh SeasInternational sea bed area

  • Inland Water

  • Base lineGenerally based on lower water markBut can use straight baselines

    Low-tide elevations: If within mainland territorial sea, can use as basis

    Rivers: If flow directly into sea, line across mouth

    Harbor lines: If attached to coast, can serve as baselines

  • Base line

  • Archipelagic Base line

  • Internal water : right of accessGenerally bays, estuaries, lakes, rivers, canal and ports and waters enclosed by straight baselines.All v/ls when in internal water, place themselves within the jurisdiction of the coastal state.A state which exercise sovereign authority over them in the same manner as it exercises sovereignty over its land territory.No right of access to ports or other internal waters unlessBase lines which have been redrawn enclose waters previously to seawards of the baselines.Due to force majeure, v/l voluntary entered due distress, stress of weather or mechanical breakdown.In case of warships and other public ship, granted special status in international law, provided they entered with the consent of the state.