{"id":433,"date":"2017-08-10T15:42:30","date_gmt":"2017-08-10T12:42:30","guid":{"rendered":"http:\/\/tomovi.org\/?p=433"},"modified":"2026-11-09T12:23:37","modified_gmt":"2026-11-09T10:23:37","slug":"%d0%bc%d0%b5%d0%b6%d0%b4%d1%83%d0%bd%d0%b0%d1%80%d0%be%d0%b4%d0%bd%d0%be-%d0%bc%d0%be%d1%80%d1%81%d0%ba%d0%be-%d0%bf%d1%80%d0%b0%d0%b2%d0%be","status":"publish","type":"post","link":"https:\/\/tomovi.org\/en\/%d0%bc%d0%b5%d0%b6%d0%b4%d1%83%d0%bd%d0%b0%d1%80%d0%be%d0%b4%d0%bd%d0%be-%d0%bc%d0%be%d1%80%d1%81%d0%ba%d0%be-%d0%bf%d1%80%d0%b0%d0%b2%d0%be\/","title":{"rendered":"International Maritime Law"},"content":{"rendered":"

INTERNATIONAL MARITIME LAW \u2014 general principles<\/u>
\n<\/u><\/strong><\/p>\n

For centuries, relations between states were governed mainly by customary rules of international law. From the second half of the nineteenth century, however, general international treaties began to be drafted and concluded, binding states, their citizens and registered legal entities. The fundamental principles underlying what is known as \u201cmaritime law\u201d include freedom of navigation on the high seas, freedom of overflight over the high seas, the right of innocent passage through the territorial sea, the right of transit passage through international straits and of overflight above them, as well as the right to conduct research and fishing activities. The participation of the International Maritime Organization (IMO), established in the late 1950s, has been particularly important in shaping international principles. Within the IMO, draft conventions are prepared in the fields of protecting human health on the high seas, preventing pollution of the marine environment and addressing other environmental problems, ensuring the safety of navigation, and other matters. Some of the fundamental international instruments regulating relations arising in maritime areas are the Charter of the United Nations, the International Convention for the Safety of Life at Sea, the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, and the International Convention for the Prevention of Pollution from Ships. They address matters concerning the classification of maritime areas, the protection of the highest value \u2014 human life \u2014 and the preservation of marine flora and fauna and the ecological protection of the marine environment. Taken together, all these branches of law constitute the field known as international maritime law.<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Under international instruments and legal theory, maritime areas may be classified into three categories: areas under the sovereignty of the coastal state and forming an integral part of its territory; international or common areas which may be used by all states on an equal footing in accordance with the principles outlined above; and a third category of areas subject to a mixed regime, falling within both the jurisdiction of the coastal state and international law. The legal regime of international straits and canals is of particular interest, including the English Channel, the Strait of Dover, the Singapore Strait, the Suez Canal and others. Their geographical features create conditions for the development of modern forms of maritime violence such as piracy. Piracy is one of the oldest crimes at sea, but a more advanced and far more dangerous form of modern maritime piracy is the hijacking of vessels carrying cargo or the taking of part or all of the crew as hostages. According to the International Maritime Organization, the most dangerous areas for navigation are the waters around Southeast Asia and the coasts of East Africa, especially Somalia, and Brazil. Alongside maritime piracy, another contemporary form of maritime crime is the illegal trafficking of persons aboard civilian vessels, including container ships, ferries and passenger ships. In addition to the existing international legal instruments and conventions, states need to adopt a universal instrument codifying the rules on preventing and combating violence and crime at sea.<\/p>\n