The movement of goods from country to country has been an ancient practice of trade for centuries. It was hampered when there was advancement in technology and industrial revolution, this lead to an expansion of maritime commerce on a global level. When rules were made, it pertained to countries individually. When there lies a dispute between the nations, it is hard to decide as to where the dispute would be settled. Hence, no proper jurisdiction is established for resolving such disputes. The dispute is at an international level, hence coming under the purview of international law. There is a diversity of commercial laws transnational today. There is a need for uniformity of law. The paper discusses the advantages and disadvantages of having a single code for maritime law disputes. It also mentions the necessity and furnishing a common law for all countries trading through the sea. The paper also includes various doctrines that support the universal codification of the laws. Hindrances in legislating a law for all countries is also discussed in the paper. KEY-WORDS:-Private international law – maritime law – international arbitration – international commercial law – doctrine of competence de la competence GLOBAL EXEGESIS ON HOMOGENEITY OF PRIVATE INTERNATIONAL MARITIME LAW CHAPTER I – INTRODUCTION International Law is the law …show more content…
The developed and powerful countries portray their corridors of power and take the chair over the matter in session. This leads to prolonged postponement in implementation of the authorization and reception of various international convention. This is a intricacies faced by the major maritime powers and hence are given the discontented derivative of such opinionated myopia and
For any country that wants to survive in the toughest of times, they need to have good trading capabilities. Very few countries are able to sustain themselves without indulging in intensive trade with other countries. Trading has been considered a good thing in the past, but with the changing world, there are doubts about the benefits of trading. There are some factors that lead to the development of trade networks between countries. When people started to settle in larger towns, the idea that you had to produce absolutely everything for survival, began to fade.
Few observers expected the end of the Cold War to facilitate the continuation and expansion of a pre-existing international system. Perhaps this explains, in part, why Hobsbawm (1994) describes the international landscape of the 1990s as 'unclear ' and akin to 'global
The Indian Ocean Trade was a very important factor of exchange in history between the East and the West. Many changes and continuities have been seen in trade on the Indian Ocean region between 650 CE to 1750 CE. One of the many continuities of the Indian Ocean trade involves the use of the same trade routes for the exchange of goods between many trading groups. One of the many changes of the Indian Ocean trade is with the Europeans stepping into the trade as well with the Asians and further deepen their involvement with the trade.
The authors continue in contradicting this idea of a three-way, triangular trade system by calling it “misleading”. They explain how the trading system has many more factors and is much more than just a “triangle”. “What we call a triangle was really as round as the globe. (37)” The authors give direct evidence of a much more complicated trading system involving many countries.
International laws govern how countries and states should interact with each other international law has an impact on domestic laws through human rights treaties, importing and exporting of goods and global communications and connections. The Mabo case reflects this because the domestic law at the time didn’t match the international
Phones we use today were shipped across the globe that were made in China, shoes we bought were made in Brazil, and chocolate we eat was shipped from Africa. This intercontinental connection began with railroads connecting seaboards and steamships crossing the ocean in record
The first great-war shattered the human mind so profound that out of its aftermaths’ emerged a fresh discipline (in 1919 at the University of Whales known to us as International Relations) proposed to prevent war. “It was deemed by the scholars that the study of International Politics shall find the root cause of the worlds political problems and put forward solutions to help politicians solve them” (Baylis 2014:03). International Relations happened to play the role of a ‘correcting-mechanism’ restoring the world order of peace and amity by efforting at its best to maintain the worlds’ status quo. However with the emergence of a second world war much more massive that the first put at stake all the values of that young discipline of IR. The
In the contemporary society, there are an increasing number of people involved in the globalisation. I choose the topic of international trade. And in the following paragraphs, I am going to introduce what is international trade, other possible benefits of trading globally and the bottom line. (Heakal 2015) Thanks to the international trade that allows us to expand the market for goods and services.
He says the existence of a dominant power always exercise hegemonial authority thereby creating a norms under which independent states interact with each other. This conceptual framework of states existing under certain prescribes norms finds relevant in the contemporary IR more likely after the Treaty of Westphalia. This hegemonic world order needs to be explained from an approach which best predicts events and affairs in the international system. Looking at the larger factors concerning
Article 2(4) of the United Nations Charter states that, "all member states shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, nor in any manner inconsistent with the purposes of the United Nations” . It is therefore a unilateral agreement signed by member states against the use of force when dealing each other. World events however since the signing and ratification of the UN Charter have indicated that states who are signatories to the charter continue to use force against each other for various reasons. Some 25 years after the writing and ratification of the charter one cannot doubt that states have used force and sought to justify it through individual or collective self-defence claims, as well as humanitarian claims in furtherance of national agendas and to increase territory. This no doubt may have been what frustrated Franck into the stance that Article 2(4) was in its grave.
Throughout the twentieth century, countries were creating treaties, trade blocs and global governance institutes to promote open market and free trade. Europe’s golden age of trade with very low tariff and high economic development began mid-19th century and collapsed
In International Relations, various theoretical perspectives are employed to provide a clear framework for the analysis of complex international relationships. One key concept that scholars have strived to fully analyze is “anarchy” and its significance within the International System. Anarchy, as defined by many IR scholars, is the lack of an overarching authority that helps govern the international system. (Class Notes, January 29). Its importance and power to dictate actions between states is often debated and various theories have been used to describe its significance.
There are reasons for this, first is that, internal implementation of international law is always conditioned by a rule of the state’s municipal law. Clearly stating that international law’ internal interpretation is always governed by the municipal constitution. Second is that in national courts, even a monist country, their courts may fail sometimes to execute treaties which are binding under international law. United State law is an example of non-self-executing treaty. While dualist country’s courts, unincorporated treaties are given limited effect on the internal process.
However, it still cannot avoid some issues such as the piracy and terrorist issues. Besides that, the increasing of the ships and other maritime related activity will bring the issue of the environmental pollution issue. It will bring the threats of maritime pollution because of the accidental spills, illegal dumping of waste, and so on. As well as, that will influence the health of the human and organism inside the sea. Therefore, to address maritime security concern requires international efforts.
As the chapter leads on it explains the history of International Relations and the importance that should be placed on it and how it has developed. Schmidt discusses the complications with modern day information is not necessarily “new” (2002, 4) but has actually derived from the past, and along with this comes his ideas of how we should “approach writing the history of the field” (4). Following from this, Schmidt goes into detail about International Relations as an academic field of study and the challenges, common misconceptions and mistakes that result of modern day teaching. Schmidt covers an area on Historiography of the International Relations and the problems that have come about. The author to cover topics such as Presentism as well as paradigms and the historiography of International Relations mainly focusing on Realism.