Research Handbook on Maritime Law and Regulation
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Research Handbook on Maritime Law and Regulation

Edited by Jason Chuah

There have been important developments in commercial practice, technology, shipping infrastructure and sustainability policies in recent times. This Research Handbook examines the major themes surrounding the thinking and studies of maritime law and practice. The stellar panel of contributors take a diverse range of approaches to identify any emerging theoretical and conceptual perspectives in law on what is essentially a fast paced sector of the global economy.
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Chapter 5: The quest for universality and uniformity: theory and practice of international maritime regulation

Aldo Chircop

Abstract

This chapter proposes an understanding and theoretical framework for the research and study of international maritime law. This body of law has ancient origins and aims at universality and uniformity in regulation because shipping is global and transnational. The framework is set out in two interacting layers. First, there is an explanation of the nature of maritime regulation, definition, rationale, functions, instruments and regulatory bodies. Second, the principles of maritime regulation, regulatory process, rule-making strategies and regulatory compliance are set out and analysed. The focus is on the International Maritime Organization as the most important regulator and its complex regulatory regimes. The chapter provides insights into the structure and process of maritime regulation and offers an assessment of factors that facilitate or constrain universality and uniformity in this regulatory field.

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