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MARITIME ARBITRATION AS A MODERN INTERNATIONAL LEGAL INSTRUMENT TO RESOLVE INTERNATIONAL MARITIME DISPUTES

FOREIGN CIVIL PROCEDURE


K.B. VALIULLINA

K.B. VALIULLINA,
Senior Lecturer of the Department of Environmental,
Labor Law and Civil Procedure of the Law Faculty of the Kazan (Volga Region)
Federal University

DOI: 10.24031/2226-0781-2018-8-5-187-200

The World Ocean is a gigantic tank containing in all oceans and seas of our planet, forming
a continuous ocean sphere surrounding the continents and Islands of the Earth. More than
two thirds of the globe is covered by ocean waters: seas, rivers, lakes. Since ancient times,
the oceans have attracted the attention of man, not only as a way of extracting food, but
also as one of the most convenient ways of communication, exchange of information, goods
and services. Many centuries passed before people learned to build ships with high capacity
and the ability to travel long distances. Today, maritime transport has a leading role in
international exchange, about 80% of the volume of foreign trade goods transported by sea.
In the process of the rapid growth of merchant shipping and the development of international
law, the duty of States to comply with their obligations has become crucial. With the adoption
of the 1982 UN Convention on the Law of the Sea, the need for strict observance of this
principle in the use of the waters and resources of the oceans and seas and for enhancing
the role of international legal instruments for its protection and preservation, among which
the institution of the peaceful settlement of international disputes, has become apparent.
Taking into account the fact that the primary task of the international law of the sea is the
premature prevention of differences between States and their timely elimination, the 1982
UN Convention specifically provides for the obligation of the parties to the Convention to
coordinate their actions in such a way as to maximize the interests of each other. The Charter
of the United Nations of 1945 states that the parties to any dispute, the continuation of which
would threaten the maintenance of international peace and security, must take decisive
measures to resolve the dispute through negotiation, enquiry, mediation, conciliation,
arbitration, judicial proceedings, resort to regional bodies or agreements or other peaceful
means of their choice. Nevertheless, a dispute cannot be resolved peacefully by the means
specified in the Charter of the United Nations, it shall be referred to the authority vested
with the authority to make a binding decision on the dispute, among which the Maritime
arbitration shall be the principal means of settling disputes arising in the course of the use
of the oceans and seas.

Keywords: World Ocean; Maritime arbitration; commercial navigation; 1982 UN Convention
on the Law of the Sea; maritime disputes; methods of resolution of maritime disputes.

References

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Moscow, 2010. (In Russian)
Valiullina K.B., Kurdukov G.I. Implementation of International Legal Norms by the
Russian Federation in the Field of Protection and Preservation of the Marine Environment
from Pollution. Helix – The Scientific Explorer, 2018, vol. 8(1).

Information about the author

Valiullina K.B. (Kazan, Russia) – Senior Lecturer of the Department of Environmental,
Labor Law and Civil Procedure of the Law Faculty of the Kazan (Volga Region)
Federal University (420008, Kazan, Kremlyovskaya St., 18; e-mail: valiullina.ksenia@
mail.ru).

Recommended citation

Valiullina K.B. Morskoj arbitrazh kak sovremennyj sposob uregulirovaniya i razresheniya
mezhgosudarstvennykh morskikh sporov [Maritime Arbitration as a Modern
International Legal Instrument to Resolve International Maritime Disputes]. Вестник
гражданского процесса = Herald of Civil Procedure, 2018, no. 5, p. 187–200. (In Russian)
DOI: 10.24031/2226-0781-2018-8-5-187-200

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