Saturday, April 27, 2019

Public shipping Law Case Study Example | Topics and Well Written Essays - 2000 words

human beingnesss fargon Law - Case Study ExampleThe influence of the judiciary decisions and the various regulatory organizations in the framing of these principles be also considered briefly.For this, the International law is dumb and its caters atomic number 18 considered briefly. Further, the sources of the International law modeling and the general principles in practice are studied. The integration of the human rights and labor rights into the framework is also understood with particular reference to the employment at sea. Principles governing the law relating to the high seas along with the issues or rights and obligations of the states indoors the marine zones relating to territorial reserve sea, internal waters, exclusive economic zones, etc. are explored. As the different states necessitate different practices, the freedom of navigation for merchant as well as naval vessels raised the issue of innocent passage and the principles relating to the same are also consi dered.Shipping is the largest trade accounting to almost 95% of world trade by weight (Rajadurai, 2004, p 83). This trade is truly international and has importance to whatsoever business irrespective of the state of origin or operation. Since, shipping is a necessity by businesses crossways the world, there is also a need for uniformity in practices to make it safe and accessible. Also, since there are inherent dangers in terms of security in any trade, more so in shipping as it involves maritime transport in dangers waters with almost no monitoring or guard duty from perils or disasters, there is even more need for a common regulatory framework and enhance operational safety. As McConville, et al (2005) observe that regulations in shipping must necessarily be create at the global level and since it is international and has the potential to offer a uniform platform to maritime players, there is a need for a uniform regulations on matters such as construction standards, navigatio nal rules and standards of crew competence (p 249). There are various conventions, laws, treaties, etc. and the issues relating to the different nations rights and responsibilities towards each other are laid in the International law and the various states which constitute the shipping industry decide to remain by its rules. The International laws oldest discipline is the law of the sea and it draws from various sources for its regulations. Custom is seen as the most most-valuable of sources with tradition as another important source of the law of the sea (Dupuy, Vignes, 1991, p 60). There are also the Hague rules which were consolidated in three conventions and which related to issues like principles of freedom of navigation, the juridical nature of territorial waters and the rights of the coastal states over same the, the defining of baselines, the regulations of innocent passage by ships, with significance of the adjoining zone and the issues of breadth of territorial waters a mong others (Dupuy, Vignes, 1991, p 68). Since the sea waters of the Asian and African continents were being

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