maritime law, Canada, admiralty, case law, policy, legislation, commercial
This article discusses the relationship between international maritime law and Canadian maritime law from legislative and judicial perspectives. It explains the relationship through Canada's implementation of international maritime conventions and a study of Canadian case law The article concludes that the relationship has a well-developed pattern based on legislative structures and judicial processes. With strong historical roots and traditions, the relationship is motivated by international comity and has firm grounding in international and domestic public policyin support ofinternational uniformity to facilitate international commerce. Canadian maritime law has a unique heritage underscored by commercial necessity The consequence is a relationship between international law and domestic law in a maritime setting that appears to be less problematic than the relationship between international law and other areas of domestic law in Canada.
Aldo Chircop and Sarah Shiels, "The Continuum of International Maritime Law and Canadian Maritime Law: Explaining a Complex Relationship" (2012) 35:2 Dal LJ 295.