РОЛЬ ПРАВОВОГО ЗВИЧАЮ У МІЖНАРОДНОМУ МОРСЬКОМУ ПРАВІ

Abstract

The article is devoted to the study of the legal nature, essence and content of international custom as a source of international maritime law. In this article, the author points out that in International Maritime Law, as in any branch of law, sources are the basis of the legal regulation mechanism. Along with the wellknown normative legal acts, less common customs and usages, which were discussed in more detail, belong to the sources.

The author focuses on the importance of international customs and concludes that the importance of customs, which, although they play an auxiliary role, at the same time fill in the gaps in legislation, is indisputable. Most often, customs are used in the trade sphere, where in certain types of transport activities their significance is quite large. Commercial customs are stable rules of conduct for subjects of trade or transport activities, for which the state recognizes a certain legal force.

The article states that the place of trade customs in the system of international maritime law has undergone significant changes from total denial to recognition of them as the main source, equal to the law. The article examines examples of international customs such as the York-Antwerp rules and customs of seaports. The article describes the customs of commercial seaports as a long-term work of the port, associated with its specialization, geographical location and legal system of the state in which the port is located. Port customs regulate the work of the port.

Characterizing the York-Antwerp rules, the author focuses on the fact that, although being a custom, these rules play a very important role in the law of the sea, namely, they are of great importance in the Institute of General Average.