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MARITIME LAW

MOHD SHAHRIDZUAN BIN MOHDYUSOF


RIZDWAN BIN ANWAR
1) Source Of International Law

Treaties or conventions are the most concrete


forms of international law. Government as agents
of the sovereign states they represent, contract
when they signed.
Another important source of international law is
customary practices. Over time such customary
International Law often become codified later in
treaties or conventions.
Source of International Law can be classify into two.

1) Historical Sources- factors that have influenced the


development of the law . Eg , Religious belief, local
custom and opinion of jurists.
2) Legal Sources- Legal rules that make up the law. Can
be classified into written and unwritten.
2) International Conventions signed by
Malaysia .
Source Ministry of Transport

The Protocol on Preparedness, Response and Co-Operation


To Pollution Incidents by Hazardous and Noxious Substances,
2000
21th February 2014
Protocol of 1988 relating to the International Convention on
Load Lines (LL) 1966, as amended
11th February 2012
International Convention on Load Lines (LL) 1966 as
amended by the Protocol of 1988
11th February 2012
International Convention for the Prevention of Pollution
from Ships, 1973, as modified by the Protocol of 1978
relating thereto (MARPOL), Annex IV: Prevention of
Pollution by Sewage from Ships
27th December 2010
The International Convention on Civil Liability for Bunker
Oil Pollution Damage, 2001 (Bunkers Convention 2001)
12th December 2009
International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers (STCW) 1978,
as amended
30th April 1992
3) Origin of International Law &
Maritime Law
International Law
International Law has existed since the early-19th century.
However, philosophical origin are found in 16th century
thinker are jurists such as Alberico Gentili , Francisco de
Vitoria and Hugo Grotius.
Maritime Law
Maritime Law,from its very beginnings has been
international law rather than national law and was declared to
not be a part of Roman law ,which was land law.
4)Differentiate between public law and
private law
PUBLIC LAW PRIVATE LAW
Public law aims to protect the public interest Seeks to protect private interests
Individuals and the state are the main parties Private entities or organizations acting in the
involved private capacity are the main parties
involved
Responsible for regulating a harmonious Responsible for regulating the activities
relation between citizens and the state between two or more private entities in a
just and fair manner
Example: Example:
Criminal laws : laws that related to crime Contract law : govern the rights and
Administrative law : law that govern obligation for those entering into contract
government agencies. Like Department of Property law : govern forms of property
Education ownership,transfer and tenant issues
International laws : law that oversee Family law : governs family-related and
relations between nations domestic-related issues
MAKASEH