MARITIME LAW AS AN UNIQUE LEGAL AREA TROUGH THE PRISM OF CONTINENTAL LAW
MARITIME LAW AS AN UNIQUE LEGAL AREA TROUGH THE PRISM OF CONTINENTAL LAW

Summary/Abstract: The paper presents and supports the idea of the essence of maritime law as a specific legal space based on a single (codified) legal order, legal traditions and specialized jurisdictions. The importance of the theoretical and philosophical dimensions of maritime law in relation to global issues related to environmental protection and human rights is clarified. It is the theory of law that is called in to explain the nature of maritime law. The concept of a legal system is used in the study as a starting point for the theoretical analysis of maritime law, which definitely exhibits the peculiarities of an independent legal order. On the one hand, it possesses all the basic elements of the legal system, for the formation of which continental law has served as a theoretical and practical model for the systematization of the legal framework. On the other hand, the normative nature of maritime law cannot be explained by the theories of sovereignty that justify the authority of law in national and international legal systems. We are facing a legal area in the global sense of the word - law receives a clear advantage by means of political and economic arguments. Maritime law is increasingly taking on human dimensions - the moral value of the individual in the context.

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