Maritime environmental law: principles and system for the construction of a legal micro-discipline in chilean shipping law
International Journal of Development Research
Maritime environmental law: principles and system for the construction of a legal micro-discipline in chilean shipping law
Received 20th March, 2021; Received in revised form 09th April, 2021; Accepted 26th May, 2021; Published online 20th June, 2021
Copyright © 2021, Renato D. Pezoa Huerta. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Maritime Environmental Law is a relatively new micro-discipline in Chilean law and does not enjoy express recognition as such. However, if it is studied and analysed from the Theory of Dogmatic Nuclei, the discipline is endowed with a speciality, as it presents well-defined characteristics and elements from a methodological and systemic perspective, which differentiate it from other branches of Law. This article consists of a proposal for the construction of Maritime Environmental Law as a micro-discipline endowed with this speciality. In order to achieve this task, it will examine the inter-subjective relations that underlie this branch of Law; the subject matter that it regulates; and the legal principles and institutions that give it its physiognomy. Finally, certain elements are proposed that could strengthen and consolidate the existence and effectiveness of this legal discipline.
