Московский журнал международного права (Mar 2021)
International Legal Measures to Ensure the Safety of Navigation
Abstract
INTRODUCTION. The development of public relations in the field of international trade transportation presupposes new conditions for their safety. This work represents a failure of an attempt to conduct such a study and a comprehensive understanding of the problems existing in this area, as well as the search for ways to solve them by international legal mechanisms. In parallel, certain organizational and legal measures were proposed, and the problems of certain aspects of merchant shipping were also raised.MATERIALS AND METHODS. For the preparation of this work, the normative legal acts, both domestic and international, were considered, the positions of scientists – representatives of different states. A comparison of legal norms and practice of their application was carried out on the basis of available information materials. Within the framework of this work, methods of analysis, comparative legal method, deduction were also used. On this basis, the modeling of ways of possible optimization of the activities of subjects of international law, specializing in security issues, was carried out.RESEARCH RESULTS. In essence, the content of the article is the main part devoted to the problems of ensuring the safety of maritime transportation, introductory and concluding parts. The latter reflects the main conclusion devoted to the formulation of the question of the possibility of combining the efforts of various actors to ensure the integrated safety of merchant shipping, which can be combined in a single international legal document. At the same time, it is not at all necessary to place special emphasis on mandatory law enforcement and other punitive measures. Economic and reputational mechanisms are quite applicable, stimulating the activities of states to create all the necessary conditions for safe navigation in the relevant waters.DISCUSSION AND CONCLUSIONS. The application of this proposal in practice can potentially have an organizational and legal impact on the policies of various states and individual subjects of commercial activity in terms of ensuring maximum protection of the widest range of subjects of sea trade.
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