Public shipping Law Case Study Example | Topics and Well Written Essays - 2000 words

Public shipping Law - Case Study Example The influence of the judiciary decisions and the various regulatory organizations in the framing of these principles are also considered briefly. For this, the International law is understood and its issues are considered briefly. Further, the sources of the International law framework and the general principles in practice are studied. The integration of the human rights and labor rights into the framework is also understood with particular reference to the employment at sea. Principles governing the law relating to the high seas along with the issues or rights and obligations of the states within the maritime zones relating to territorial sea, internal waters, exclusive economic zones, etc. are explored. As the different states have different practices, the freedom of navigation for merchant as well as naval vessels raised the issue of innocent passage and the principles relating to the same are also considered. Shipping is the largest trade accounting to almost 95% of world trade by weight (Rajadurai, 2004, p 83). This trade is truly international and has importance to any business irrespective of the state of origin or operation. Since, shipping is a necessity by businesses across the world, there is also a need for uniformity in practices to make it safe and accessible. Also, since there are inherent dangers in terms of security in any trade, more so in shipping as it involves maritime transport in dangers waters with almost no monitoring or safety from perils or disasters, there is even more need for a common regulatory framework and enhanced operational safety. As McConville, et al (2005) observe that "regulations in shipping must necessarily be developed at the global level and since it is international and has the potential to offer a uniform platform to maritime players, there is a need for a uniform regulations on matters such as construction standards, navigational rules and stand ards of crew competence" (p 249). There are various conventions, laws, treaties, etc. and the issues relating to the different nation's rights and responsibilities towards each other are laid in the International law and the various states which constitute the shipping industry decide to abide by its rules. The International law's oldest discipline is the law of the sea and it draws from various sources for its regulations. Custom is seen as the most important of sources with tradition as another important source of the law of the sea (Dupuy, Vignes, 1991, p 60). There are also the Hague rules which were consolidated in three conventions and which related to issues like principles of freedom of navigation, the juridical nature of territorial waters and the rights of the coastal states over same the, the defining of baselines, the regulations of innocent passage by ships, with significance of the contiguous zone and the issues of breadth of territorial waters among others (Dupuy, Vignes, 1991, p 68). Since the sea wa ters of the Asian and African continents were being