International Maritime Law from the Russian Perspective: A Comprehensive Guide for Shipmasters, Lawyers and Cadets

International Maritime Law from the Russian Perspective: A Comprehensive Guide for Shipmasters, Lawyers and Cadets

by Vasiliy Gutsulyak

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Overview

This book is one of the most comprehensive guides to international maritime law from the Russian perspective. It consists of three relatively independent sections: Russian Maritime Law, International Public Maritime Law, and International Private Maritime Law.



First section discusses the development of the maritime law as a branch of the Russian law. It examines concepts and sources of the Russian federal laws, secondary legislation and customs, including the influences guiding the future of Russian law of the sea. .



The second section examines International Public Maritime Law including the principles, sources, subjects, as well legal status of the vessel, including the vessel's state flag, her name, state registration, the problem of "flags of convenience," vessel's documents, the crew, and the master. This section further details the current international legal regime of maritime spaces, provisions concerning legal protection of marine environments, ensuring navigation safety, international legal regulation of the work of seamen, international inter-governmental marine organizations, and settlement of international public marine disputes.



The third section is devoted to International Private Maritime Law and discusses its principles and sources, conflict-of-law rules, structure and types, and the main choice-of-law principles used today in international private maritime law. This section also discusses the following institutions and sub-branches within international private maritime law including: carriage of cargoes and passengers by sea, general average, salvage, collisions of vessels, marine insurance, limitation of liability, international non-governmental maritime organizations, and settlement of international private marine disputes.

Product Details

ISBN-13: 9781627341912
Publisher: Universal-Publishers.com
Publication date: 10/01/2017
Pages: 416
Product dimensions: 6.00(w) x 9.00(h) x 0.94(d)

About the Author

Vasiliy Gutsulyak is a doctor of legal sciences and professor, an Honorary Worker of Sea Fleet, and has worked in field of Maritime law for most of his career. He has a both a nautical (navigation) and legal education, and has published over one hundred papers in the field of Maritime law. He currently lives in Moscow.

Table of Contents

Preface xi

Introduction xv

SECTION I: RUSSIAN MARITIME LAW

1 Concept of the Russian Maritime Law and Its Sources 3

1 Concept of the Russian maritime law 3

2 Sources of the Russian maritime law 4

2 System of Russian Maritime Law: Tendencies and Prospects of Its Development 29

1 System of the Russian maritime law 29

2 Tendencies and prospects of development of the Russian

maritime law 30

SECTION II: PUBLIC INTERNATIONAL MARITIME LAW

1. General Part

1 Concept, Sources and Principles of Public International Maritime Law 39

1 Concept of public international maritime law 39

2 Sources of public international maritime law 41

3 Principles of public international maritime law 44

4 Interrelation of international and internal law 47

2 Subjects of Public International Maritime Law 51

1 Concept of subjects of public international maritime law

and their classification 51

2 State as a basic subject of public international maritime law 55

3 International intergovernmental organizations 57

4 International legal personality of individuals 57

3 Legal Status of a Sea-Going Vessel 59

1 Legal concept of a vessel 59

2 State flag of the vessel 62

3 The “flag of convenience” problem 64

4 Name of the vessel 66

5 State registration of the vessel 67

6 Ship’s documents 68

7 Sea-going ship’s crew 69

8 Ship’s Master 73

2. Special Part

4 Legal Regime of Maritime Spaces 81

1 Contemporary international legal classification

of maritime spaces 81

2 Inland waters 82

3 Territorial sea 84

4 Contiguous zone 89

5 Exclusive economic zone 92

6 High seas 97

7 Archipelagic waters 103

8 Arctic 104

9 Antarctic 108

10 International straits 110

11 International channels 116

12 Continental shelf 122

13 International seabed area 134

5 Legal Protection of Marine Environment 137

1 General problems of the prevention of sea pollution

from vessels 137

2 International legal regulations for preventing sea pollution

from vessels 142

3 Russian legislation on the protection of marine environment 150

6 Legal Ensuring of Navigational Safety 153

1 International legal system of ensuring of safe navigation 153

2 System of ensuring navigational safety in Russia 170

3 Pilotage service 173

4 Vessel traffic management systems 177

5 Investigation of marine emergency cases in Russia 181

6 Inspection of the vessels in ports 184

7 Piracy and maritime terrorism 185

7 International Legal Regulation of the Labor of Seafarers 197

1 International labour standards on seafarers 197

2 International Transport Workers’ Federation 224

3 Legal regulation of seafarers’ labor in the RF 225

8 International Intergovernmental Maritime Organizations 235

1 Role of the UN in codification and progressive development of

international maritime law 235

2 The International Maritime Organization (IMO) 237

3 International Seabed Authority 240

4 Commission on the Limits of the Continental Shelf (CLCS) 242

5 Intergovernmental Oceanographic Commission (IOC)

of UNESCO 243

9 Resolving of International Public Maritime Disputes 247

1 Concept of an international public maritime dispute 247

2 Conciliatory means of resolving international public

maritime disputes 248

3 Arbitration means of resolving international public

maritime disputes 249

4 Judicial means for resolving international public maritime disputes 250

5 International Tribunal for the Law of the Sea 251



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