Beruflich Dokumente
Kultur Dokumente
ADMIRALTY LAW
A.P. CDR (R ) AMINUDDIN MD AROF
C.L.O
Explain the basic aspects of maritime & admiralty
laws & international conventions related to
shipping
Explain the basic safety requirements covered in
SOLAS & STCW
Examine potential problems that may occur during
emergency and methods taken for solutions
Differentiate the various methods in law
enforcement
Discuss principles of shipownership & mortgage
ASSESSMENTS
ASSIGNMENTS
20%
PRESENTATION 10%
ESSAY
10%
QUIZ (2)
TEST (2)
FINAL EXAM
10%
20%
40%
REFERENCES:
Sheppard A.M. (2001). Modern Admiralty
Law, Cavendish, London.
IMO (2004). SOLAS Consolidated Edition.
IMO (2001). STCW Convention.
Government of Malaysia, Merchant
Shipping Ordinance 1952.
Government of Malaysia, Carriage of Goods
by Sea Act 1950.
INTRO
Admiralty law is distinguished from the Law of the
Sea, which is a body of public international law
dealing with navigational rights, mineral rights,
jurisdiction over coastal waters and international
law governing relationships between nations.
Although each legal jurisdiction usually has its own
enacted legislation governing maritime matters,
admiralty law is characterized by a significant
amount of international law developed in recent
decades, including numerous multilateral treaties.
THE NATURE OF
INTERNATIONAL LAW
International Maritime Law is a Component of
International Law
International Law is a Body of Law Comprising
Principles & Rules that States Recognise as
Legally Binding & that Regulate the Conduct of
Subjects Of The Law
International Law Relates to Events & Issues that
Transcending National Boundaries & are of
International Concern
SCOPE OF INTERNATIONAL
LAW
Establish Framework & Criteria For Identifying
States As Principal Actors In International Legal
System
Deals With Rules & Principles On Acquisition Of
Territory & Basis Of Jurisdiction
Deals With The Foundations For Immunity Of
States & Their Legal Responsibility For Their
Conduct With Each Other
Cont.
CONCERNED WITH TREATMENT OF INDIVIDUALS
WITHIN STATE BOUNDARIES
REGULATE MAINTENANCE OF I/N PEACE &
SECURITY, ARMS CONTROL, PACIFIC SETTLEMENT
OF DISPUTE, & USE OF FORCE IN I/N RELATIONS
DEVELOPED PRINCIPLES TO GOVERN THE
CONDUCT OF HOSTILITIES & TREATMENT OF
P.O.W
GOVERN ISSUES ON GLOBAL ENVIRONMENT,
GLOBAL COMMON, GLOBAL COMM & WORLD
TRADE
SOURCES OF INTERNATIONAL
MARITIME LAW
CUSTOMARY LAWS
INTERNATIONAL CONVENTIONS
DECISIONS OF COURTS / TRIBUNALS
WRITINGS OF RENOWNED PUBLICISTS
INTERNATIONAL CONVENTIONS
INTERNATIONAL CONVENTIONS ARE
TREATIES INVOLVING MANY STATES
VCLT 1969 DEFINES TREATY AS AN I/N
INSTRUMENT CONCLUDED BETWEEN
STATES IN WRITTEN FORM &
GOVERNED BY INTERNATIONAL LAW,
WHETHER EMBODIED IN A SINGLE
INSTRUMENT OR IN 2 OR MORE
RELATED INSTRUMENTS, WHATEVER
ITS PARTICULAR DESIGNATION.
Cont.
The IMO has prepared numerous
international conventions concerning
maritime safety
Once adopted, the international conventions
are enforced by the individual nations which
are signatories, either through their local law
enforcement agencies, or through their
courts.
IMO CONVENTIONS
DIVIDED INTO:
MARITIME SAFETY
MARINE POLLUTION
LIABILITY & COMPENSATION
OTHER SUBJECTS EG. MARITIME TRAFFIC,
SALVAGE & SUA.
UN MARITIME CONVENTIONS
TERRITORIAL SEA &
CONTIGUOUS ZONE
CONTINENTAL SHELF
HIGH SEAS
FISHING &
CONSERVATION OF
LIVING RESOURCES
UNCLOS 1982 THE
MOST WIDELY
ACCEPTED I/N
CONVENTION
MARITIME COURTS
HIGHEST COURT IN THE I/N SYSTEM IS
THE I/N COURT OF JUSTICE (ICJ), WHICH
IS AN ORGAN OF THE UNITED NATIONS
MEMBERSHIP IS ALSO OPENED TO NONUN MEMBERS
JUDICIAL SETTLEMENT AT I/N LEVEL CAN
ALSO BE DONE THROUGH I/N TRIBUNALS
(EG. ITLOS) AND DOMESTIC COURTS .
ASSIGNMENT
MAKE COMPARISON BEWEEN PUBLIC
INTERNATIONAL LAW & PRIVATE
INTERNATIONAL LAW
COMPARE BETWEEN THE ICJ AND
ITLOS
EXPLAIN THREE (3) COMMON
JURISDICTIONS OF THE ADMIRALTY
COURTS
PREPARATION : 2
PRESENTATION : 1.5
TEAMWORK: 1.5