Maritime Law for Regulations and Relationship -myassignmenthelp

Question: Discuss about theMaritime Law for Regulations and Relationship. Answer: Introduction International law can be divided into both public and private international law. The purpose of this paper is to discuss the concept of public international law and conflict of laws (private international law) in the light of Maritime law. Maritime law is derived from both public international land and private international law and thus is related to them. In addition Maritime law is different from other forms of law. The paper discusses the features of both public and private international law. Public International Law Public International law is define as a set of provisions which are generally accepted and considered as binding with respect to the relationship between nations and states. Through this form of law a stable and organized framework with respect to international relation is established. Public international law is primarily applicable towards governing the relationship between states rather than individuals (Malanczuk 1997). Public international law is primarily based on consent governance. This signifies that the states do not have an obligation to mandatorily comply with the provisions of this law unless they have expressly consented to the compliance. This is because all states are sovereign and imposing and law on them would compromise with the situation. There are few aspects of international law which is not consent based and the states have mandatory obligations to comply with them, these include peremptory norms and customary international law. Maritime law as stated by Hill a nd Kulkarni (2017) is a bit different from other forms of law. As stated by Maraist et al. (2016) along with domestic statues and case laws various aspects of maritime law are also taken from public international law (White 2014). International law is derived from customs, treaties and international conventions. Through public international law the criteria and framework for the purpose of indentifying states in from of the primary factor in international legal system is set out. The few areas with which public international law deals in the light of state presupposes jurisdiction and control over territory are state immunity, acquisition of territory and the responsibility the states have towards each other legally. Thus in the same way as maritime law is derived from private international law the application of public international law working of maritime law is also of the same significance. There are multiple sectors which public international law governs such as international human rights law, international trade law, international environment law, international humanitarian law, international criminal law and law of the seas. There is a relationship between international law and domestic law which is to be viewed as consisting of symbiosis and cooperation. In this situation doctrines and concepts which have been created by domestic law has to be identified by international law as well and in the same way the provisions of the international law has to be applied in domestic law as well. Thus domestic law decision has to be taken into consideration by the international courts. In addition national domestic law is also derived from the provision of international law. Domestic law is at times framed in a manner which would ensure compliance with public international law provision. Thus in the situation where there is a clear relationship between public international law and domestic law and were maritime law is also directly related to private international law, there is a clear relationship between public international law and maritime law (Maraist et al. 2016). The features of public international law are as follows It is the law which governs relationship between states rather than individuals Its purpose is to ensure the immunity of states, peace and govern the responsibilities which states have towards one another It sets out a legal framework to address a situation of dispute between states The law is not binding unless it has been consented to by the states unless it is a custom or peremptory norms Conflict of laws The term conflict of law and private international law are the terms which are used in an interchangeable manner which govern relationship across various legal jurisdictions between individuals and at times other organizations. Conflict of law can also be defined as a set of procedural law provisions which are used to identify the legal system and the jurisdiction which would be applicable for the purpose of governing the dispute (Fawcett Carruthers 2008). Conflict of law is primarily applicable in situation where the dispute consists of a foreign element. Thus conflict of law or private international law can be stated to be a branch of international law and international interstate law by which all legal proceedings in relation to a foreign law factor is controlled. The situation of conflict of law arises from a state where the final result of a legal issue is depending upon the law which is to be made applicable and the manner in which the common law courts resolves the conflict a rising between the laws. However, it has to be noted that private international law is also a part of domestic law which is different from country to country (Mortensen, Garnett Keyes 2015). The existence of various legal rules which are often subjected to variance makes the concept of conflict of laws highly important. When courts face an issue in relation to the conflict of laws they have two choices. The court can apply to the dispute the law of forum (lex fori) which is mostly done when what law is to be applied is a procedural question, or the court has the option of applying the law of site of the transaction which means the occurrence through which the litigation is initiated (Lex Loci). When the matter is substantive this is option is mostly selected by the courts as the governing law. In case of maritime transactions mostly the parties and companies who are involved belong to a different country and thus the conflict of law situation is often brought into the context. Thus public international law deals with states and private international law deals with individuals and artificial persons. However public international law is indirectly applicable on individuals and artificial persons as well. Public international law is consistent and is same for all those who accept it. However in relation to private international law a conflict of law situation takes place and application of law is done based on the above discussed rules. A person can take an action in relation to a maritime dispute in rem or in personam which means in public or in private. The claim can be in relation to the overall law which affects the maritime community or only the person who has been affected because of an issue (Cremean 2015). Conclusion Thus from the above discussion it is clear that Maritime law has a clear relationship with Public international law and private international law. The states do not have an obligation to mandatorily comply with the provisions of this law unless they have expressly consented to the compliance. This is because all states are sovereign and imposing and law on them would compromise with the situation other than laws which arise from customs. The existence of various legal rules which are often subjected to variance makes the concept of conflict of laws highly important. When courts face an issue in relation to the conflict of laws they have two choices which are to apply to the dispute the law of forum (lex fori), or the court has the option of applying the law of site of the transaction (Lex Loci). References Cremean, DJ 2015, Admiralty jurisdiction law and practice: Australia, New Zealand, Singapore, Hong Kong, and Malaysia, 4th edn, Federation Press, New South Wales, pp. 2028. Fawcett, J Carruthers, JM 2008, Cheshire, North Fawcett private international law, 14th edn, Oxford University Press, Oxford, pp. 310 1618. Hill, C. and Kulkarni, Y., 2017. Maritime law. Taylor Francis. Maraist, F.L., Galligan Jr, T.C., Maraist, C.M. and Sutherland, D.A., 2016. Cases and Materials on Maritime Law. West Academic. Mortensen R, Garnett R Keyes M 2015, Private international law in Australia, 3rd edn, LexisNexis Butterworths, Chatswood, Australia, pp. 47-71, 89-107 415-429 White, M 2014, Australian maritime law, 3rd edn, Federation Press, New South Wales, pp. 140