Maritime Law

Article 90 of this Act specifically defines the right to navigation the right of every “state” to sail ships carrying its flag on the oceans and seas (Ridenour, 2006). It is, consequently, in the public domain that the freedom of navigation is the right of the state rather than an individual.
The 1982 Sea law convention’s objective was to establish with due regard to the sovereignty of all states, a legal Act for seas and oceans to facilitate global communication. Further, the aim was also to promote the harmonious use of sea resources efficiently equitable and proper conservation. Regardless of the immense achievements of the treaty in the area of international sea law, it has also had its due share of condemnation. Occasionally the treaty has been questioned of its reliance upon traditional national legislation to execute its stipulations (Logan, 2004). The challenge was on instilling its mandate due to reliance on the national legislature to set laws, for instance. the pollution provisions restrain its power to command adherence. Whereas the advantage of such a format is that it allows the national autonomy, its flaw is that a nation may not view such legislation as a priority (Klein, 2005). Further, some counties have the freedom of navigation to show enthusiasm to justify certain violations happening abroad hence leading to the materialization of flags of convenience states.
Politically, the treaty has witnessed challenges by some countries especially the United States that remained un-ratified to the treaty. The US has maintained that the profit-sharing provisions related to deep seabed mining are antithetical to the values of free-market capitalism (Bates, 2005. Duff, 2005). Those who support the acceptance in the US hold that ratification will help cast aside customary law and in its place codify the autonomy of navigation rights to necessitate the best possible maneuver of the navy. On the other hand, those&nbsp.who oppose the belief that ratification will infringe on US sovereignty since each party is subject to a superior international oversight (Ridenour, 2006).

You Might Also Like