Maritime is Commercial Laws
The title ‘Commercial Maritime Law’ is a misnomer. There is a patchwork of different commercial maritime laws around the world. However, the title is a true reflection of what many legal scholars and practitioners in the field have long desired: a common framework of commercial maritime law. This book unravels the complexities of bridging the gap between common law and civil law and will discuss whether the title will remain a misnomer despite the countless attempts at harmonisation. Internationally renowned legal scholars and practitioners discuss herein the areas in which the common law and civil law are divided; the impact of these differences on the drafting and ratification of international conventions; the search for a common framework; and the procedural aspects of the common law and civil law divide embedded within commercial maritime law.
Sovereignty: A Coastal Affair
The ocean, vast and enigmatic, has always been a source of fascination and dispute. Its governance is framed by principles that balance national interests with global concerns. Yoshifumi Tanaka’s “The International Law of the Sea” brilliantly unpacks these guiding principles, offering readers a comprehensive look into the world of maritime law.
The Common Heritage of Mankind
In stark contrast to the freedom of the high seas is the principle of sovereignty. This principle grants coastal nations authority over their adjacent waters, extending their legal and regulatory framework into these zones. It reflects the need for nations to protect their borders and resources, ensuring security and control over maritime activities in their territorial waters.
The most progressive and universally inclusive principle is that of the common heritage of mankind. This principle is a call to view the oceans beyond nationalistic pursuits, as a shared resource belonging to all humanity, including future generations. It advocates for sustainable use and equitable distribution of oceanic resources, emphasizing environmental protection and conservation.