Gemini collision

Conflict of laws issues The main conflict of laws problem is the intractability of questions regarding which country the law applies to us from. Such questions arise when the same problem can be resolved differently depending on which state we apply our laws from: the flag state of the ship, the final recipient of the cargo, the state from which the goods were delivered, etc. There are also complex collisions, for example, in the case of a collision at sea, the flag state of the “defendant” vessel is determined, and in the case of an oil leak, the state on whose territory the ship was wrecked is determined. “Exemption from conflict” with mixed authorship of decisions requires identifying that the term “action” should be understood as a single result, and not as a set of certain actions on the part of several parties, called joint (subsidiary) actions, inherent in one or many of the many interrelated decisions. However, such “liberation” already runs counter to the basic principles of international law, so we still have to look for ways to resolve mixed conflicts and apply uniformity in the practice of resolving them on the basis of universal and optimal legal regulation. It is clear that in many cases this is difficult, since the conflict model of settlement is inevitably discriminatory. As many authors have noted, comprehensive codification is as necessary for criminal law as it is undesirable and even harmful for civil and constitutional law.