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How does maritime law differ from the international law of the sea?
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Maritime law
Justinian I, detail of a mosaic, 6th century; in the Basilica of San Vitale, Ravenna, Italy.
While the terms are sometimes used interchangeably, maritime law and the international law of the sea represent distinct legal frameworks.1
- Maritime Law (Admiralty Law): This body of law primarily governs private shipping, including the rights and obligations of parties involved in ships and shipping. It deals with matters such as marine insurance, salvage, and commercial disputes. While it has international aspects, it is often applied as domestic or municipal law, with each country retaining the right to adopt its own statutes.142
- International Law of the Sea: This is a branch of public international law concerned with public order at sea. It focuses on the relationships between nations, codifying rules regarding territorial waters, sea lanes, and the management of ocean resources. Much of this is defined by the United Nations Convention on the Law of the Sea, which establishes the "12-mile limit" for territorial sovereignty and regulates the exclusive economic zone and the high seas.134
In essence, maritime law regulates the activities of vessels and commercial interests, whereas the law of the sea regulates the jurisdictional and resource-based rights of states.13