Lihat
This short writing is determined to set right one of the most common misconceptions in the realm of International Law: that International Maritime Law is simply deemed as a synonym to the International Law of the Seas – as per the 1982 UNCLOS regime. Although the former enjoys certain scope of governance provided by the latter’s instrument, it is crucial to draw the line where the one ends and the other begins. Hence, this paper comprises of three stanzas: what International Maritime Law really is; why does the international community need one; as most importantly, is it effective, especially when it comes to the sanctioning system. Took off from normative method by utilising statutory and case study approaches, this paper has fished some points for future consideration rather than a conclusion, one of which shall be born in mind that the complicated nature of a branch of law, such as International Maritime Law in this case, shows that the system has been born out of a thoroughly progressing society – hence it is to be seen as an art rather than weakness or ineffectiveness.
Keywords: Effectiveness; International Maritime Law; International Law of the Sea; UNCLOS; sanctioning system
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Fakultas Hukum
Universitas Islam Indonesia
Jl. Kaliurang KM. 14,5 Sleman Yogyakarta 55584
Telepon: +62 274 7070222 ext.
Email: fh[at]uii.ac.id