FEATURES OF IMPLEMENTATION OF INTERNATIONAL «MARITIME» CONVENTIONS INTO DOMESTIC LAW

Abstract

The article considers some features of implementation of international conventions, in particular, in the field of maritime law into national legislations of the states parties, as well as analyzes the problematic issues that arise in the process of such an implementation. It is noted that the resolution of issues of implementation is impossible without studying the issue of prevailing of international law over domestic law. There are two methods of enabling of provisions of a convention into national law: monistic and dualistic. Thus, the process of implementation of an international convention rules into domestic law of the state party is based upon the national legal theory of a particular country. The issue of interpretation of international conventions rules in different states is also important, due to the fact that different interpretations may lead to the use of conventions in a «wrong» way, without taking regard to their genuine meaning. Based on the foregoing, the author concludes that the diversity of existing legal systems, different approaches to the order of implementation of international conventions into domestic law lead to a number of difficulties, which inevitably arise in the process of giving legal effect to international conventions.