A Study on the effectiveness of Tanzania's legal framework in resolving commercial maritime disputes
Year: 2024
Type: article
Abstract: The effectiveness of Tanzania's legal framework in resolving Commercial maritime disputes is crucial for the country’s maritime industry, which plays a significant role in international trade. This study investigates the adequacy of Tanzania’s maritime dispute resolution mechanisms in alignment with international standards. The study examines the country's existing legal frameworks, including the Merchant Shipping Act, maritime courts, and arbitration mechanisms, to assess their effectiveness in providing timely, fair, and expert resolution of maritime disputes. Through a doctrinal legal analysis, the study identifies gaps and weaknesses in the current legal framework. Furthermore, Key international conventions, such as the United Nations Convention on the Law of the Sea (UNCLOS) and other international maritime regulations, are analyzed to evaluate the extent to which Tanzania’s legal system integrates and adheres to global standards. The identifiedgaps and weakness includes; limited specialized courts, lack of maritime law expertise, and slow adoption of international norms, which hinder the effective resolution of disputes. The study contributes to the ongoing discussion of maritime law reform in Tanzania by proposing practical solutions to overcome existing gaps, such as enhancing judicial training, legislative amendments, and fostering international cooperation.
Authors: Happiness R Y Nyabunya, Dr. Tumaini S. Gurumo
Language: English
Subfield: Accounting
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6893189560