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Posted: November 16th, 2023
Maritime Law and Regulations - Covers international maritime law, conventions, regulations and compliance regarding ship operations, cargo, labor and environmental standards.
Maritime law, also known as admiralty law or the law of the sea, is the body of legal rules that governs ships and shipping. It covers international maritime law, conventions, regulations and compliance regarding ship operations, cargo, labor and environmental standards. Maritime law is important for ensuring the safety, security and efficiency of maritime transport and trade, as well as the protection of the marine environment and the rights and obligations of seafarers and other maritime stakeholders.
Some of the main sources of maritime law are:
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- The United Nations Convention on the Law of the Sea (UNCLOS), which establishes the legal framework for the use and conservation of the oceans and their resources.
- The International Maritime Organization (IMO), which is a specialized agency of the United Nations that develops and adopts international standards and regulations for shipping.
- The International Labour Organization (ILO), which sets minimum standards for working conditions and social security for seafarers.
- The World Trade Organization (WTO), which deals with trade-related aspects of maritime transport and services.
- The regional and bilateral agreements between States on various aspects of maritime cooperation and coordination.
Maritime law is constantly evolving to address new challenges and opportunities in the maritime sector, such as digitalization, automation, cybersecurity, climate change, pollution prevention and control, and maritime trade facilitation. Some of the recent developments in maritime law include:
- The adoption of amendments to Annex VI of the MARPOL Convention by IMO in June 2021, aimed at reducing carbon intensity of ships and including targets for energy efficiency, to further reduce greenhouse gas emissions from shipping.
- The completion of a regulatory scoping exercise by IMO in May 2021, to identify gaps and issues in existing legal instruments related to maritime autonomous surface ships (MASS) and to determine future work.
- The development of guidelines on cybersecurity by IMO in June 2017, to assist stakeholders in enhancing cyber resilience in their organizations and onboard ships.
- The implementation of the Trade Facilitation Agreement by WTO in February 2017, which contains provisions to simplify and expedite customs procedures for goods crossing borders, including those carried by sea.
- The entry into force of the Ballast Water Management Convention by IMO in September 2017, which requires ships to manage their ballast water to prevent the spread of harmful aquatic organisms and pathogens.
Maritime law is a complex and dynamic field that requires expertise and knowledge from various disciplines and perspectives. This paper provides an overview of the main aspects and sources of maritime law, as well as some of the current trends and issues affecting it.
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Bibliography:
- Britannica (n.d.) Maritime law | Definition, History, Examples, & Facts | Britannica
- UNCTAD (2021) Review of Maritime Transport 2021 - Chapter 6: Legal and regulatory developments and the facilitation of maritime trade
- Investopedia (2022) What Is Maritime (aka Admiralty) Law, and Why Is It Important?
- Maintenance and Cure (n.d.) What Is International Maritime Law?
- IMO (n.d.) International Maritime Organization
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