An International Approach to Maritime Conflicts of Law

22 Pages Posted: 27 Feb 2020 Last revised: 12 May 2023

See all articles by Anthony J. Colangelo

Anthony J. Colangelo

Southern Methodist University - Dedman School of Law

Date Written: 2020

Abstract

This Essay seeks to answer two interrelated questions about regnant maritime choice of law analysis in the United States: Does it descriptively capture international law as the United States claims? And, if so, is such an approach a good one? In so doing, it aims principally to provide national and international decision makers with a robust and fresh resource for resolving these disputes in a manner, I argue, beneficent to overall social welfare and peaceful relations among states. For only by analyzing the United States’ claim can we tell whether it is true and thus, whether it needs to be adhered to or modified. The answer to this latter inquiry is directly informed by whether we think an international law analysis is the best way forward, what that way forward may look like, and perhaps even to make recommendations to that analysis based on emergent practices.

The Essay argues that U.S. maritime choice of law rules largely reflect international law and practice and that this approach is a normative good because it promotes peace and trade among nations. More specifically, an international approach takes into consideration not just the forum’s interest in resolving the dispute according to its own parochial polices and choice of law methodologies, but also the interests of other involved states, thereby furthering the smooth working of the international system and peaceful relations among states. Furthermore, it provides a common choice of law methodology for all states which increases primary predictability by legal actors engaged in behavior generally considered beneficent to overall social welfare, like international trade. These features of promoting peace and trade comport with a systems theory of international law under which rules evolve so as to perpetuate the system. Courts confronted with maritime conflicts cases should engage in deeper analysis of state and international interests with these objectives in mind.

Keywords: Maritime law – United States, International law, Conflict of laws, Maritime disputes

Suggested Citation

Colangelo, Anthony J., An International Approach to Maritime Conflicts of Law (2020). 62 Arizona Law Review 1073 (2020), SMU Dedman School of Law Legal Studies Research Paper No. 461, Available at SSRN: https://ssrn.com/abstract=3544194

Anthony J. Colangelo (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States
2147682372 (Phone)

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