CONFLICT OF LAWS PRINCIPLES OF PRIVATE INTERNATIONAL LAW IN THE FIELD OF MARITIME LAW: PARTICULAR QUALITIES AND APPLICATION
Journal Title: Правова держава - Year 2016, Vol 23, Issue
Abstract
In the context of the intensification of international integration in the field of merchant shipping the need in integration of legal regulation in the area has been felt. Effective role in this process acquire the rules of international private law – unified substantive rules of international treaties as well as conflict of laws rules and principles applicable both independently and together, complementing each other. Analysis of a number of issues related to the application of conflict of laws rules and principles to the field of international merchant shipping, and in particular, the principle of autonomy of parties and the principle of a ship’s flag allows to conclude that, along with the resolution of conflicts, this process gives rise to a number of legal problems. Despite the fact that modern approaches concerning the conflict of laws method is being changed towards its «liberalization» and «mitigation», however, it appears that private international maritime law as one of the most important components of the law of the sea system should evolve as uniform, considering the overall diversity of different national legal systems, institutions and norms.
Authors and Affiliations
E. A. Streltsova
Keywords
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