On the Structure of Modern Maritime Law

This article analyzes various approaches to the description and systematization of maritime law in all its manifestations, without delving into the ancient origins of the formation of maritime law as a branch, but rather focusing on its current state as much as possible. The purpose of this research is to develop an approach to a holistic understanding of maritime law based on the concept of the sectoral structure of law, while systematizing the internal structure of maritime law based on the principles of systematics, identifying the elements of maritime law and the relationships between them. Maritime law is structured according to the methods of regulation – public and civil law methods, and according to jurisdiction – national and international regulation. A distinctive feature of maritime law is its global nature, which is characterized by its supranational nature, not only in the open sea but also in the intersection of jurisdictions. Maritime law has a complex structure and regulates both private and public relations. With a certain degree of conventionality, maritime law can be divided into its constituent elements in the systems of international law and national law. The common thread that unites these elements is the connection between maritime activities and public relations. The cross‑border nature of maritime activities gives rise to a wide range of interactions between business entities and individuals, forming an international private law element of maritime law. In order to protect the public interests and the interests of economic entities under their jurisdiction in the world’s oceans, states create a legal framework for interaction with each other, as well as international regulatory norms, giving rise to international public law. The idea of unifying international maritime law and national maritime law is a utopia due to the significant differences in legal techniques, principles of legal construction, and legal structures of international legal instruments and national legislation. In order to make national legislation compliant with international maritime law, national legal systems create national maritime law by, first, translating international maritime law into the structure and design of national legislation, second, clarifying international law for the purpose of its applicability in national jurisdictions, and third, creating their own regulations in the context of general trends and developments in national law.