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Chircop, Aldo --- "The quest for universality and uniformity: theory and practice of international maritime regulation" [2019] ELECD 1649; in Chuah, Jason (ed), "Research Handbook on Maritime Law and Regulation" (Edward Elgar Publishing, 2019) 116

Book Title: Research Handbook on Maritime Law and Regulation

Editor(s): Chuah, Jason

Publisher: Edward Elgar Publishing

Section: Chapter 5

Section Title: The quest for universality and uniformity: theory and practice of international maritime regulation

Author(s): Chircop, Aldo

Number of pages: 32

Abstract/Description:

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.