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- Title
Maritime Rule of Law: Some Preliminaries.
- Authors
Sevel, Michael
- Abstract
Can there be rule of law at sea? In extending the traditionally terrene ideal seaward, there are a range of conceptual difficulties. These difficulties are outlined, and a recurring thought pattern is set out that is found in the traditions of thought about the rule of law as protecting members of a community from the abuse of power. Drawing on Jeremy Bentham's scattered remarks about maritime governance, three assumptions underlying this thought pattern, regarding territoriality, community, and protective function, are identified as requiring modification in the maritime context. Achievement of the rule of law at sea is possible, but reflects a number of limitations as compared to its terrene counterpart, limitations related to these three traditional assumptions.
- Subjects
BENTHAM, Jeremy, 1748-1832; MARITIME law; RULE of law; LAW of the sea
- Publication
Hague Journal on the Rule of Law, 2023, Vol 15, Issue 2, p385
- ISSN
1876-4045
- Publication type
Article
- DOI
10.1007/s40803-023-00189-x