Keywords
maritime navigation
maritime transport
How to Cite
Abstract
Maritime law is a historic and relative concept. It has not remained
the same regarding its application in different countries and over
different periods of time.
In order to arrive at what is considered an essential concept of
maritime law, one must first overcome how maritime law is applied
in several systems, in conformity with the reality and its nature.
Unless the country, such as is the case with the Italian or Argentine
legal systems, has provided for an independent maritime code,
maritime law is generally found in commercial codes. It is identified
with maritime transport. However, its complex nature demands a
broader view, which necessarily includes all aspects of maritime
navigation, as well as other public-administrative aspects, whether
they relate to commerce or not.
Otherwise, the particularism or peculiarity of its institutions makes it
appear like a special law.
This amplification of the standards of limitation of maritime law,
together with the special nature of its norms, works to advance the
acknowledgement of its substantial autonomy, which does not have a
counterpart in legislative autonomy like under Spanish law.
Consequently, the debate begins about the status of maritime law and
the opportunity for reform.
This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
Approving the intervention of the work (review, copy-editing, translation, layout) and the following outreach, are granted through an use license and not through an assignment of rights. This means the journal and Pontificia Universidad Javeriana cannot be held responsible for any ethical malpractice by the authors. As a consequence of the protection granted by the use license, the journal is not required to publish recantations or modify information already published, unless the errata stems from the editorial management process. Publishing contents in this journal does not generate royalties for contributors.