CONCEPTUAL AND THEORETICAL FOUNDATIONS OF THE INTERNATIONAL MARITIME RIGHTS

Abstract

In the article it was revealed the content and the essence of the International Law as one of the most important branches, coordinating public relations in the field of using the waters and resource potential of the World Ocean. It was reviewed the process of codification of the international maritime law and noted as a separate branch of international law. It were indicated the most important international treaties and agreements, rights in the conduct of maritime activities. It were given the definitions for such concepts as «subject of law», «object of law», «internal state (national) maritime law», «International maritime public law», «international maritime private law». It were indicated the main structural elements, characteristics, subsystems and functions of the international maritime law. Investigating the subject composition of the sea law, the author is of the opinion that the main subject of the international law is the State.

It was analyzed the complex system of legal norms and principles of the International maritime law, were defined their main types and specifics of implementation. It was determined that a feature of the regulation of legal relations between the subjects of the law of the sea is a combination of international and customary norms. It was noted that international relations in the field of exploitation of the World ocean are carried out in compliance with the general principles of the International law and special (sectoral) principles of the International Maritime rights. Their main provisions are reduced to stabilization and the establishment of international relations in the field of using the maritime spaces, equality of all the subjects of law, respect for human rights and the recognition of peoples' right to self-determination, non-interference into the internal affairs of states, the inviolability of borders and territorial integrity of each country, the peaceful regulation of interstate conflicts and contradictions that arise in the process of maritime activities, etc.