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Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and
private international law Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad ...
governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties. Admiralty law may be distinguished from the law of the sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters, and the maritime relationships between nations. The
United Nations Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 ...
has been adopted by 167 countries and the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
, and disputes are resolved at the ITLOS tribunal in Hamburg.


History

Seaborne transport was one of the earliest channels of commerce, and rules for resolving disputes involving maritime trade were developed early in recorded history. Early historical records of these laws include the Rhodian law (), of which no primary written specimen has survived, but which is alluded to in other legal texts (Roman and Byzantine legal codes), and later the customs of the
Consulate of the Sea The Consulate of the Sea ( ca, Consolat de mar; ) was a quasi-judicial body set up in the Crown of Aragon, later to spread throughout the Mediterranean basin, to administer maritime and commercial law. The term may also refer to a celebrated coll ...
or the
Hanseatic League The Hanseatic League (; gml, Hanse, , ; german: label= Modern German, Deutsche Hanse) was a medieval commercial and defensive confederation of merchant guilds and market towns in Central and Northern Europe. Growing from a few North German to ...
. In southern Italy the (1063) at Trani and the
Amalfian Laws The Amalfian Laws are a code of maritime laws compiled in the 12th century in Amalfi Amalfi (, , ) is a town and ''comune'' in the province of Salerno, in the region of Campania, Italy, on the Gulf of Salerno. It lies at the mouth of a deep ...
were in effect from an early date. Bracton noted further that admiralty law was also used as an alternative to the common law in Norman England, which previously required voluntary submission to it by entering a plea seeking judgment from the court. A leading sponsor of admiralty law in Europe was the French Queen Eleanor of Aquitaine. Eleanor (sometimes known as Eleanor of Guyenne) had learned about admiralty law whilst on a
crusade The Crusades were a series of religious wars initiated, supported, and sometimes directed by the Latin Church in the medieval period. The best known of these Crusades are those to the Holy Land in the period between 1095 and 1291 that were ...
in the eastern Mediterranean with her first husband, King
Louis VII of France Louis VII (1120 – 18 September 1180), called the Younger, or the Young (french: link=no, le Jeune), was King of the Franks from 1137 to 1180. He was the son and successor of King Louis VI (hence the epithet "the Young") and married Duchess ...
. Eleanor then established admiralty law on the island of
Oléron The Isle of Oléron or Oléron Island (french: île d'Oléron, ; Saintongese: ''ilâte d'Olerun''; oc, illa d'Olairon or ; la, Uliarus insula, ) is an island off the Atlantic coast of France (due west of Rochefort), on the southern side of t ...
, where it was published as the Rolls of Oléron. Some time later, while she was in London acting as
regent A regent (from Latin : ruling, governing) is a person appointed to govern a state '' pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy ...
for her son, King
Richard I of England Richard I (8 September 1157 – 6 April 1199) was King of England from 1189 until his death in 1199. He also ruled as Duke of Normandy, Duke of Aquitaine, Aquitaine and Duchy of Gascony, Gascony, Lord of Cyprus, and Count of Poitiers, Co ...
, Eleanor instituted admiralty law into England as well. In
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
, a special
Admiralty Court Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offences. Admiralty courts in the United Kingdom England and Wales Scotland The Scottish court's earliest ...
handles all admiralty cases. Despite early reliance upon civil law concepts derived from the of
Justinian Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized '' renova ...
, the English Admiralty Court is a
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
, albeit ''
sui generis ''Sui generis'' ( , ) is a Latin phrase that means "of its/their own kind", "in a class by itself", therefore "unique". A number of disciplines use the term to refer to unique entities. These include: * Biology, for species that do not fit in ...
'' court that was initially somewhat distanced from other English courts. After around 1750, as the
industrial revolution The Industrial Revolution was the transition to new manufacturing processes in Great Britain, continental Europe, and the United States, that occurred during the period from around 1760 to about 1820–1840. This transition included going f ...
took hold and English maritime commerce burgeoned, the Admiralty Court became a proactive source of innovative legal ideas and provisions to meet the new situation. The
Judicature Act Judicature Act is a term which was used in the United Kingdom for legislation which related to the Supreme Court of Judicature. List United Kingdom :The Supreme Court of Judicature Act 1873 (36 & 37 Vict. c.66) :The Supreme Court of Judicature ...
s of 1873–1875 abolished the Admiralty Court as such, and it became conflated in the new Probate, Divorce and Admiralty division of the High Court. However, when the PDA was abolished and replaced by a new Family Division, admiralty jurisdiction passed to a so-called Admiralty Court which was effectively the Queen's Bench sitting to hear nautical cases. The Senior Courts Act 1981 then clarified the admiralty jurisdiction of the Queen's Bench, so England and Wales once again has a distinct Admiralty Court (albeit no longer based in the Royal Courts of Justice, but in the
Rolls Building The Rolls Building is a judicial court complex on Fetter Lane in the City of London that is used by the High Court of Justice (one of the Senior Courts of England and Wales). It houses the commercial and property business of the Chancery Division ...
). English Admiralty courts were a prominent feature in the prelude to the
American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revoluti ...
. For example, the phrase in the Declaration of Independence "For depriving us in many cases, of the benefits of Trial by Jury" refers to the practice of the UK Parliament giving the Admiralty Courts jurisdiction to enforce the
Stamp Act 1765 The Stamp Act 1765, also known as the Duties in American Colonies Act 1765 (5 Geo. III c. 12), was an Act of the Parliament of Great Britain which imposed a direct tax on the British colonies in America and required that many printed materials ...
in the American colonies. The Stamp Act was unpopular in America, so a colonial jury would be unlikely to convict any colonist of its violation. The Admiralty Court, which has never had trial by jury, was thus given jurisdiction so a colonist charged with breaching the Stamp Act could be more easily convicted by the Crown. Admiralty law gradually became part of United States law through admiralty cases arising after the adoption of the U.S. Constitution in 1789. Many American lawyers who were prominent in the American Revolution were admiralty and maritime lawyers. Those included are Alexander Hamilton in New York and
John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
in
Massachusetts Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
. In 1787,
Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
wrote to
James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...
proposing that the U.S. Constitution, then under consideration by the States, be amended to include "trial by jury in all matters of fact triable by the laws of the land and not by the laws of Nations". The result was the
United States Bill of Rights The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections ra ...
. Alexander Hamilton and John Adams were both admiralty lawyers and Adams represented
John Hancock John Hancock ( – October 8, 1793) was an American Founding Father, merchant, statesman, and prominent Patriot of the American Revolution. He served as president of the Second Continental Congress and was the first and third Governor o ...
in an admiralty case in colonial Boston involving seizure of one of Hancock's ships for violations of customs regulations. In the more modern era, Supreme Court Justice Oliver Wendell Holmes was an admiralty lawyer before ascending to the bench.


Features

Matters dealt by admiralty law include marine commerce, marine navigation, salvage, maritime pollution, seafarers' rights, and the
carriage A carriage is a private four-wheeled vehicle for people and is most commonly horse-drawn. Second-hand private carriages were common public transport, the equivalent of modern cars used as taxis. Carriage suspensions are by leather strapping ...
by sea of both passengers and
goods In economics, goods are items that satisfy human wants and provide utility, for example, to a consumer making a purchase of a satisfying product. A common distinction is made between goods which are transferable, and services, which are not ...
. Admiralty law also covers land-based commercial activities that are maritime in character, such as marine insurance. Some lawyers prefer to reserve the term "admiralty law" for "wet law" (e.g. salvage, collisions, ship arrest, towage, liens and limitation), and use "maritime law" only for "dry law" (e.g. carriage of goods and people, marine insurance, and the Maritime Labour Convention).


Maintenance and cure

The doctrine of maintenance and cure is rooted in Article VI of the Rolls of Oléron promulgated in about 1160 A.D. The obligation to "cure" requires a shipowner to provide medical care free of charge to a
seaman Seaman may refer to: * Sailor, a member of a marine watercraft's crew * Seaman (rank), a military rank in some navies * Seaman (name) (including a list of people with the name) * ''Seaman'' (video game), a 1999 simulation video game for the Seg ...
injured in the service of the ship, until the seaman has reached "maximum medical cure". The concept of "maximum medical cure" is more extensive than the concept "maximum medical improvement". The obligation to "cure" a seaman includes the obligation to provide him with medications and medical devices which improve his ability to function, even if they don't "improve" his actual condition. They may include long-term treatments that permit him to continue to function well. Common examples include prostheses, wheelchairs, and pain medications. The obligation of "maintenance" requires the shipowner to provide a seaman with his basic living expenses while he is convalescing. Once a seaman is able to work, he is expected to maintain himself. Consequently, a seaman can lose his right to maintenance, while the obligation to provide cure is ongoing. A seaman who is required to sue a shipowner to recover maintenance and cure may also recover his attorneys fees. ''Vaughan v. Atkinson'', 369 U.S. 527 (1962). If a shipowner's breach of its obligation to provide maintenance and cure is willful and wanton, the shipowner may be subject to punitive damages. See '' Atlantic Sounding Co. v. Townsend'', 557 U.S. 404 (2009) (J. Thomas).


Personal injuries to passengers

Shipowners owe a duty of reasonable care to passengers. Consequently, passengers who are injured aboard ships may bring suit as if they had been injured ashore through the negligence of a third party. The passenger bears the burden of proving that the shipowner was negligent. While personal injury cases must generally be pursued within three years, suits against cruise lines may need to be brought within one year because of limitations contained in the passenger ticket. Notice requirements in the ticket may require a formal notice to be brought within six months of the injury. Most U.S. cruise line passenger tickets also have provisions requiring that suit to be brought in either
Miami Miami ( ), officially the City of Miami, known as "the 305", "The Magic City", and "Gateway to the Americas", is a coastal metropolis and the county seat of Miami-Dade County in South Florida, United States. With a population of 442,241 at ...
or
Seattle Seattle ( ) is a seaport city on the West Coast of the United States. It is the seat of King County, Washington. With a 2020 population of 737,015, it is the largest city in both the state of Washington and the Pacific Northwest region o ...
. In
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
, the 1954 case of ''Adler v Dickson (The Himalaya)'' 954allowed a shipping line to escape liability when a bosun's negligence resulted in a passenger being injured. Since then, the
Unfair Contract Terms Act 1977 The Unfair Contract Terms Act 1977c 50 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most im ...
has made it unlawful to exclude liability for death or personal injury caused by one's negligence. (Since then, however, the so-called " Himalaya clause" has become a useful way for a contractor to pass on the protection of a limitation clause to his employees, agents and third-party contractors.)


Maritime liens and mortgages

Banks which loan money to purchase ships, vendors who supply ships with necessaries like fuel and stores, seamen who are due wages, and many others have a lien against the ship to guarantee payment. To enforce the lien, the ship must be arrested or seized. In the United States, an action to enforce a lien against a U.S. ship must be brought in federal court and cannot be done in state court, except for under the reverse-''Erie'' doctrine whereby state courts can apply federal law.


Salvage and treasure salvage

When property is lost at sea and rescued by another, the rescuer is entitled to claim a salvage award on the salvaged property. There is no "life salvage": all mariners have a duty to save the lives of others in peril without expectation of reward. Consequently, salvage law applies only to the saving of property. There are two types of salvage: contract salvage and pure salvage, which is sometimes referred to as "merit salvage". In contract salvage the owner of the property and salvor enter into a salvage contract prior to the commencement of salvage operations and the amount that the salvor is paid is determined by the contract. The most common salvage contract is called a " Lloyd's Open Form Salvage Contract". In pure salvage, there is no contract between the owner of the goods and the salvor. The relationship is one which is implied by law. The salvor of property under pure salvage must bring his claim for salvage in court, which will award salvage based upon the "merit" of the service and the value of the salvaged property. Pure salvage claims are divided into "high-order" and "low-order" salvage. In high-order salvage, the salvor exposes himself and his crew to the risk of injury and loss or damage to his equipment to salvage the damaged ship. Examples of high-order salvage are boarding a sinking ship in heavy weather, boarding a ship which is on fire, raising a ship or boat which has already sunk, or towing a ship which is in the surf away from the shore. Low-order salvage occurs where the salvor is exposed to little or no personal risk. Examples of low-order salvage include towing another vessel in calm seas, supplying a vessel with fuel, or pulling a vessel off a sand bar. Salvors performing high-order salvage receive substantially greater salvage award than those performing low-order salvage. In both high-order and low-order salvage the amount of the salvage award is based first upon the value of the property saved. If nothing is saved, or if additional damage is done, there will be no award. The other factors to be considered are the skills of the salvor, the peril to which the salvaged property was exposed, the value of the property which was risked in effecting the salvage, the amount of time and money expended in the salvage operation, etc. A pure or merit salvage award will seldom exceed 50 percent of the value of the property salved. The exception to that rule is in the case of treasure salvage. Because sunken treasure has generally been lost for hundreds of years, while the original owner (or insurer, if the vessel was insured) continues to have an interest in it, the salvor or finder will generally get the majority of the value of the property. While sunken ships from the
Spanish Main During the Spanish colonization of America, the Spanish Main was the collective term for the parts of the Spanish Empire that were on the mainland of the Americas and had coastlines on the Caribbean Sea or Gulf of Mexico. The term was used to ...
(such as '' Nuestra Señora de Atocha'' in the Florida Keys) are the most commonly thought of type of treasure salvage, other types of ships – including German submarines from World War II which can hold valuable historical artifacts,
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States. It was fought between the Union (American Civil War), Union ("the North") and t ...
ships (the USS ''Maple Leaf'' in the St. Johns River, and the CSS ''Virginia'' in
Chesapeake Bay The Chesapeake Bay ( ) is the largest estuary in the United States. The Bay is located in the Mid-Atlantic region and is primarily separated from the Atlantic Ocean by the Delmarva Peninsula (including the parts: the Eastern Shore of Maryland / ...
), and sunken merchant ships (the SS ''Central America'' off Cape Hatteras) – have all been the subject of treasure salvage awards. Due to refinements in side-scanning sonars, many ships which were previously missing are now being located and treasure salvage is now a less risky endeavor than it was in the past, although it is still highly speculative and expensive.


International conventions

Prior to the mid-1970s, most international conventions concerning maritime trade and commerce originated in a private organization of maritime lawyers known as the Comité Maritime International (International Maritime Committee or CMI). Founded in 1897, the CMI was responsible for the drafting of numerous international conventions including the Hague Rules (International Convention on Bills of Lading), the Visby Amendments (amending the Hague Rules), the Salvage Convention and many others. While the CMI continues to function in an advisory capacity, many of its functions have been taken over by the
International Maritime Organization The International Maritime Organization (IMO, French: ''Organisation maritime internationale'') is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference ...
(IMO), which was established by the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
in 1958 but did not become truly effective until about 1974. The IMO has prepared numerous international conventions concerning maritime safety including the International Convention for the Safety of Life at Sea (SOLAS), the Standards for Training, Certification, and Watchkeeping (
STCW International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) sets minimum qualification standards for masters, officers and watch personnel on seagoing merchant ships and large yachts. STCW was adopte ...
), the
International Regulations for Preventing Collisions at Sea The International Regulations for Preventing Collisions at Sea 1972 (COLREGs) are published by the International Maritime Organization (IMO) and set out, among other things, the "rules of the road" or navigation rules to be followed by ships an ...
(Collision Regulations or COLREGS), Maritime Pollution Regulations ( MARPOL), International Aeronautical and Maritime Search and Rescue Convention (IAMSAR) and others. The
United Nations Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 ...
(UNCLOS) defined a treaty regarding protection of the marine environment and various
maritime boundaries A maritime boundary is a conceptual division of the Earth's water surface areas using physiographic or geopolitical criteria. As such, it usually bounds areas of exclusive national rights over mineral and biological resources,VLIZ Maritime Bound ...
. Restrictions on international fishing such as International Convention for the Regulation of Whaling also form part of the body of conventions in international waters. Other commercial conventions include the "International Convention relating to the Limitation of the Liability of Owners of Sea-Going Ships",
Brussels Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...
, 10 October 1957. and International Convention for Safe Containers. Once adopted, most international conventions are enforced by the individual signatory nations, either through their Port State Control, or through their national courts. Cases within the ambit of the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
's EMSA may be heard by the CJEU in
Luxembourg Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
. By contrast, disputes involving the Law of the Sea may be resolved at ITLOS in
Hamburg Hamburg (, ; nds, label=Hamburg German, Low Saxon, Hamborg ), officially the Free and Hanseatic City of Hamburg (german: Freie und Hansestadt Hamburg; nds, label=Low Saxon, Friee un Hansestadt Hamborg),. is the List of cities in Germany by popul ...
, provided that the parties are signatories to UNCLOS.


Piracy

Throughout history, piracy has been defined as '' hostis humani generis'', or the enemy of all mankind. While the flag state normally has jurisdiction over a ship on the high seas, there is universal jurisdiction in the case of piracy, which means that any nation may pursue pirates on the high seas, including pursuing them into a country's territorial waters. Most nations have signed onto the 1982
United Nations Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 ...
which dictates the legal requirements for pursuing pirates. Merchant vessels transiting areas of increased pirate activity (i.e. the Gulf of Aden,
Somali Basin Somali may refer to: Horn of Africa * Somalis, an inhabitant or ethnicity associated with Greater Somali Region ** Proto-Somali, the ancestors of modern Somalis ** Somali culture ** Somali cuisine ** Somali language, a Cushitic language ** Somali, ...
, Southern
Red Sea The Red Sea ( ar, البحر الأحمر - بحر القلزم, translit=Modern: al-Baḥr al-ʾAḥmar, Medieval: Baḥr al-Qulzum; or ; Coptic: ⲫⲓⲟⲙ ⲛ̀ϩⲁϩ ''Phiom Enhah'' or ⲫⲓⲟⲙ ⲛ̀ϣⲁⲣⲓ ''Phiom ǹšari''; ...
and
Bab-el-Mandeb straits The Bab-el-Mandeb (Arabic: , , ) is a strait between Yemen on the Arabian Peninsula, and Djibouti and Eritrea in the Horn of Africa. It connects the Red Sea to the Gulf of Aden. Name The strait derives its name from the dangers attendin ...
) are advised to implement self-protective measures, in accordance with most recent best management practices agreed upon by the members of the merchant industry and endorsed by the NATO Shipping Centre, and the Maritime Security Centre Horn-of-Africa (MSCHOA).


Individual countries

The
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
of
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
, of Northern Ireland law, and of US law, contrast to the continental law (civil law) that prevails in Scottish law and in
continental Europe Continental Europe or mainland Europe is the contiguous continent of Europe, excluding its surrounding islands. It can also be referred to ambiguously as the European continent, – which can conversely mean the whole of Europe – and, by ...
, which trace back to
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
. Although the English Admiralty court was a development of continental civil law, the Admiralty Court of England and Wales was a common law court, albeit somewhat distanced from the mainstream King's Bench. Most of the common law countries (including
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
,
Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bor ...
,
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
, and many other
Commonwealth of Nations The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the C ...
countries) follow English statute and case law. India still follows many Victorian-era British statutes such as the
Admiralty Court Act 1861 The Admiralty Court Act 1861 is an act of the Parliament of the United Kingdom. The act addresses the jurisdiction and practices of the High Court of Admiralty. The act received royal assent on 17 May 1861 and came into force on 1 June 1861. Pr ...
4 Vict c 10 Whilst Pakistan now has its own statute, the Admiralty Jurisdiction of High Courts Ordinance, 1980 (Ordinance XLII of 1980), it also follows English case law. One reason for this is that the 1980 Ordinance is partly modelled on old English admiralty law, namely the Administration of Justice Act 1956. The current statute dealing with the Admiralty jurisdiction of the England and Wales High Court is the Senior Courts Act 1981, ss. 20–24, 37. The provisions in those sections are, in turn, based on the International Arrest Convention 1952. Other countries which do not follow the English statute and case laws, such as
Panama Panama ( , ; es, link=no, Panamá ), officially the Republic of Panama ( es, República de Panamá), is a transcontinental country spanning the southern part of North America and the northern part of South America. It is bordered by Co ...
, also have established well-known maritime courts which decide international cases on a regular basis. Admiralty courts assume jurisdiction by virtue of the presence of the vessel in its territorial jurisdiction irrespective of whether the vessel is national or not and whether registered or not, and wherever the residence or domicile or their owners may be. A vessel is usually arrested by the court to retain jurisdiction. State-owned vessels are usually immune from arrest.


Canada

Canadian jurisdiction in the area of navigation and shipping is vested in the
Parliament of Canada The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, ...
by virtue of s. 91(10) of the Constitution Act, 1867. Canada has adopted an expansive definition of its maritime law, which goes beyond traditional admiralty law. The original English admiralty jurisdiction was called "wet", as it concerned itself with things done at sea, including collisions, salvage and the work of mariners, and contracts and torts performed at sea. Canadian law has added "dry" jurisdiction to this field, which includes such matters as: * stevedoring, * marine insurance, * warehousing and security services, * contracts of
agency Agency may refer to: Organizations * Institution, governmental or others ** Advertising agency or marketing agency, a service business dedicated to creating, planning and handling advertising for its clients ** Employment agency, a business that ...
, and * contracts of
carriage A carriage is a private four-wheeled vehicle for people and is most commonly horse-drawn. Second-hand private carriages were common public transport, the equivalent of modern cars used as taxis. Carriage suspensions are by leather strapping ...
. This list is not exhaustive of the subject matter. Canadian jurisdiction was originally consolidated in 1891, with subsequent expansions in 1934 following the passage of the
Statute of Westminster 1931 The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown. Passed on 11 December 1931, the statute increased the sovereignty of the ...
, and in 1971 with the extension to "dry" matters. Recent jurisprudence at the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
has tended to expand the maritime law power, thus overriding prior provincial laws based on the provinces' power over
property and civil rights Section 92(13) of the ''Constitution Act, 1867'', also known as the property and civil rights power, grants the provincial legislatures of Canada the authority to legislate on: It is one of three key residuary powers in the ''Constitution Act, 18 ...
.


United States


Jurisdiction

Article III, Section 2 of the
United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
grants original jurisdiction to
U.S. federal court The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primaril ...
s over admiralty and maritime matters; however, that jurisdiction is not exclusive, and most maritime cases can be heard in either state or federal courts under the "saving to suitors" clause. There are five types of cases which can only be brought in federal court: * limitation of shipowner's liability, * vessel arrests ''in rem'', * property arrests ''quasi in rem'', * salvage cases, and * petitory and possession actions. The common element of those cases are that they require the court to exercise jurisdiction over maritime property. For example, in a petitory and possession action, a vessel whose title is in dispute, usually between co-owners, will be put in the possession of the court until the title dispute can be resolved. In a limitation action, the shipowner will post a bond reflecting the value of the vessel and her pending freight. A sixth category, that of prize, relating to claims over vessels captured during wartime, has been rendered obsolete due to changes in the laws and practices of warfare. Aside from those five types of cases, all other maritime cases, such as claims for personal injuries, cargo damage, collisions, maritime products liability, and recreational boating accidents may be brought in either federal or state court. From a tactical standpoint it is important to consider that in federal courts in the United States, there is generally no right to trial by jury in admiralty cases, although the 1920 Jones Act grants a jury trial to seamen suing their employers. Maritime law is governed by a uniform three-year statute of limitations for personal injury and wrongful death cases. Cargo cases must be brought within two years (extended from the one-year allowance under the Hague-Visby Rules), pursuant to the adoption of the Rotterdam Rules. Most major cruise ship passenger tickets have a one-year statute of limitations.


Applicable law

A state court hearing an admiralty or maritime case is required to apply the admiralty and maritime law, even if it conflicts with the law of the state, under a doctrine known as the "reverse-''Erie'' doctrine". While the " ''Erie'' doctrine" requires that federal courts hearing state actions must apply substantive state law, the "reverse-''Erie'' doctrine" requires state courts hearing admiralty cases to apply substantive federal admiralty law. However, state courts are allowed to apply state procedural law. This change can be significant.


Features of U.S. admiralty law


=Cargo claims

= Claims for damage to cargo shipped in international commerce are governed by the
Carriage of Goods by Sea Act The Carriage of Goods by Sea Act ("COGSA") is a United States statute governing the rights and responsibilities between shippers of cargo and ship-owners regarding ocean shipments to and from the United States. It is the U.S. enactment of the I ...
(COGSA), which is the U.S. enactment of the Hague Rules. One of its key features is that a shipowner is liable for cargo damaged from "hook to hook", meaning from loading to discharge, unless it is exonerated under one of 17 exceptions to liability, such as an "
act of God In legal usage in the English-speaking world, an act of God is a natural hazard outside human control, such as an earthquake or tsunami, for which no person can be held responsible. An act of God may amount to an exception to liability in co ...
", the inherent nature of the goods, errors in
navigation Navigation is a field of study that focuses on the process of monitoring and controlling the movement of a craft or vehicle from one place to another.Bowditch, 2003:799. The field of navigation includes four general categories: land navigation ...
, and management of the ship. The basis of liability for the shipowner is a bailment and if the carrier is to be liable as a
common carrier A common carrier in common law countries (corresponding to a public carrier in some civil law systems,Encyclopædia Britannica CD 2000 "Civil-law public carrier" from "carriage of goods" usually called simply a ''carrier'') is a person or compan ...
, it must be established that the goods were placed in the carrier's possession and control for immediate carriage.


=Personal injuries to seamen

= Seamen injured aboard ship have three possible sources of compensation: the principle of maintenance and cure, the doctrine of unseaworthiness, and the Jones Act. The principle of maintenance and cure requires a shipowner to both pay for an injured seaman's medical treatment until maximum medical recovery (MMR) is obtained and provide basic living expenses until completion of the voyage, even if the seaman is no longer aboard ship.


Pakistan

Admiralty law in
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
is also classified as shipping law. The Pakistan Merchant Shipping Ordinance 2001 has replaced the Merchant Shipping Act 1923. This replacement was done in 2001 to handle the constantly upgrading modern shipping industry. The purpose of the Pakistan Merchant Shipping Ordinance 2001 is to provide a strategy and rules under which the government authorities will function in dealing with stuff related to the shipping industry. This law also handles duties internationally required under the ILO (
International Labour Organization The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...
) conventions as Pakistan is an active member of the ILO.


Academic programs

There are several universities that offer maritime law programs. What follows is a partial list of universities offering postgraduate maritime courses: *
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
** Dalhousie Law School – LL.M in marine and environmental law *
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
** Panthéon-Assas University – LL.M in international, business or private law with marine law courses ** University of Nice Sophia Antipolis – LL.M in marine and environmental law ** University of Western Brittany in Brest – LL.M in marine law **
University of Nantes The University of Nantes (french: Université de Nantes) is a public university located in the city of Nantes, France. In addition to the several campuses scattered in the city of Nantes, there are two satellite campuses located in Saint-Nazair ...
in Nantes – Master of Laws and Safety of maritime and oceanic activities **
University of Le Havre Le Havre Normandy University ( French: Université Le Havre Normandie) is a French university located in Le Havre. Along with five other schools, Le Havre Normandy University is a member of Normandy University, an association of universities and h ...
in Le Havre – Master of Laws in Maritime & Ports Activities Law *
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
**
University of Hamburg The University of Hamburg (german: link=no, Universität Hamburg, also referred to as UHH) is a public research university in Hamburg, Germany. It was founded on 28 March 1919 by combining the previous General Lecture System ('' Allgemeines Vo ...
with Max Planck Institute for Comparative and International Private Law – PhD in maritime law *
Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federal constitutional monarchy consists of thirteen states and three federal territories, separated by the South China Sea into two regions: Peninsular Malaysia and Borneo's East Mal ...
** Universiti Teknologi MaraLL.M in Legal Aspects of Marine Affairs ** Netherlands Maritime University College -
Diploma in Maritime law A diploma is a document awarded by an educational institution (such as a college or university) testifying the recipient has graduated by successfully completing their courses of studies. Historically, it has also referred to a charter or offici ...
*
Malta Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
**
International Maritime Law Institute The IMO International Maritime Law Institute (IMLI) was established in 1988 under the auspices of the International Maritime Organization, a specialized agency of the United Nations. Its mission is to train specialists in maritime law. The Institu ...
LL.M in International Maritime Law *
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
** Erasmus University Rotterdam – LL.M. in Business, Corporate, and Maritime Law; Master of Science (M.Sc.) In Maritime Economics and Logistics (MEL) *
Norway Norway, officially the Kingdom of Norway, is a Nordic countries, Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of ...
**
University of Oslo The University of Oslo ( no, Universitetet i Oslo; la, Universitas Osloensis) is a public research university located in Oslo, Norway. It is the highest ranked and oldest university in Norway. It is consistently ranked among the top universit ...
( Scandinavian Institute of Maritime Law) – LL.M in maritime law **
University of Oslo The University of Oslo ( no, Universitetet i Oslo; la, Universitas Osloensis) is a public research university located in Oslo, Norway. It is the highest ranked and oldest university in Norway. It is consistently ranked among the top universit ...
– Master of Laws in Maritime Law *
Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bor ...
**
National University of Singapore The National University of Singapore (NUS) is a national public research university in Singapore. Founded in 1905 as the Straits Settlements and Federated Malay States Government Medical School, NUS is the oldest autonomous university in th ...
– LL.M in maritime law (Graduate Diploma in Maritime Law and Arbitration International Maritime Organization) *
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring coun ...
**
University of Cape Town The University of Cape Town (UCT) ( af, Universiteit van Kaapstad, xh, Yunibesithi ya yaseKapa) is a public research university in Cape Town, South Africa. Established in 1829 as the South African College, it was granted full university statu ...
– Masters in Maritime Law *
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
**
Comillas Pontifical University Comillas Pontifical University ( es, Universidad Pontificia Comillas) is a private Catholic higher education institution run by the Spanish Province of the Society of Jesus in Madrid Spain. The university is involved in a number of academic exch ...
– Master in Maritime Business and Maritime Law (ICADE – Spanish Maritime Institute) ** University of Deusto – Master in Maritime Enterprise Management and Maritime Law *
Sweden Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic countries, Nordic c ...
**
Lund University , motto = Ad utrumque , mottoeng = Prepared for both , established = , type = Public research university , budget = SEK 9 billion LL.M in maritime law **
World Maritime University The World Maritime University (WMU) in Malmö, Sweden, is a postgraduate maritime university founded within the framework of the International Maritime Organization (IMO), a specialized agency of the United Nations The United Nations ...
Master of Science in Maritime Affairs (Maritime Law and Policy) *
Thailand Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is b ...
**
Thammasat University Thammasat University ( Abrv: TU th, มธ.; th, มหาวิทยาลัยธรรมศาสตร์, , ) is a public research university in Thailand with campuses in Tha Phra Chan area of Phra Nakhon District near the Grand Pala ...
– LL.M. in international trade law *
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
** Bangor University – LLM in Maritime Law and LLM in Law of the Sea **
Cardiff University , latin_name = , image_name = Shield of the University of Cardiff.svg , image_size = 150px , caption = Coat of arms of Cardiff University , motto = cy, Gwirionedd, Undod a Chytgord , mottoeng = Truth, Unity and Concord , established = 1 ...
– LLM in Shipping Law ** City University London – LLM in Maritime Law **
Liverpool John Moores University Liverpool John Moores University (abbreviated LJMU) is a public university, public research university in the city of Liverpool, England. The university can trace its origins to the Liverpool Mechanics' School of Arts, established in 1823. This lat ...
– BSc & MSc in Maritime, Transport & Logistics (MTL) (with embedded maritime law elements) ** Queen Mary, University of London – LLM in International Shipping Law ** Swansea University (Institute of International Shipping and Trade Law) – LLM in International Maritime Law **
University College London , mottoeng = Let all come who by merit deserve the most reward , established = , type = Public research university , endowment = £143 million (2020) , budget = ...
– LLM in Maritime Law ** University of Hertfordshire – LLM in Maritime Law **
University of Nottingham , mottoeng = A city is built on wisdom , established = 1798 – teacher training college1881 – University College Nottingham1948 – university status , type = Public , chancellor ...
– LLM in Maritime Law **
University of Southampton , mottoeng = The Heights Yield to Endeavour , type = Public research university , established = 1862 – Hartley Institution1902 – Hartley University College1913 – Southampton University Coll ...
School of Law (Institute of Maritime Law) – LLB (Maritime Law) and LLM in Maritime Law *
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
**
Florida Coastal School of Law Florida Coastal School of Law was a private for-profit law school in Jacksonville, Florida. It was established in 1996 and was the last operating of three for-profit law schools of the InfiLaw System owned by Sterling Partners. Because of fund ...
– LL.M. in Logistics and Transportation Law ** St. Thomas University School of Law ** Tulane University Law School – LL.M in admiralty and JD with a Certificate of Specialization in Admiralty & Maritime Law **
University of Miami School of Law The University of Miami School of Law (Miami Law or UM Law) is the law school of the University of Miami, a private research university in Coral Gables, Florida. Founded in 1926, the University of Miami School of Law is the oldest law school ...
– LL.M in Ocean and Coastal Law **
William S. Richardson School of Law The William S. Richardson School of Law is the professional graduate law school of the University of Hawaii at Manoa. Located in Honolulu, Hawaii, the school is named after its patriarch, former Hawaii State Supreme Court Chief Justice William S ...
University of Hawaii – LL.M. in Ocean Law and Policy


Conspiracy theory

A pseudolegal
conspiracy theory A conspiracy theory is an explanation for an event or situation that invokes a conspiracy by sinister and powerful groups, often political in motivation, when other explanations are more probable.Additional sources: * * * * The term has a nega ...
of American origin, notably present among the anti-government sovereign citizen and freeman on the land movements, asserts that at some point maritime law - which they consider to be the law of
international commerce International trade is the exchange of capital, goods, and services across international borders or territories because there is a need or want of goods or services. (see: World economy) In most countries, such trade represents a significan ...
"Nonsense or loophole?"
''Benchmark'', Issue 57, February 2012, pp 18–19
- substituted for the original, legitimate "
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
" system as part of a broader conspiracy which secretly replaced
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
s with
corporation A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and ...
s. The
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
hence became admiralty courts with no actual
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
over people.Sovereign citizens notably claim that the presence of gold fringes on the American flags displayed in courtrooms is evidence of maritime law being in effect. One variation of this theory is based on a misinterpretation of the English
Cestui Que Vie Act 1666 A presumption of death occurs when a person is thought to be dead by a group of people despite the absence of direct proof of the person's death, such as the finding of remains (e.g., a corpse or skeleton) attributable to that person. Such a pre ...
which stated that a person missing at sea shall be assumed to be dead after seven years; conspiracy theorists claim that the government uses this Act to secretly enslave people, by assuming any person to be legally dead from the age of seven and thereafter considering their person and/or property as its possessions. The origin of the maritime law conspiracy theory is unknown, though it may stem from a misunderstanding of some nautical-sounding words in common usage in the English-language judiciary such as ''ownership'', ''citizenship'', ''dock'' or ''birth (berth) certificate''. This theory is entirely devoid of merit: when invoked by litigants, it has been consistently dismissed as frivolous.''United States v. Greenstreet'', 912 F. Supp 224 (N.D. Tex. 1996)


See also

*
Admiralty Admiralty most often refers to: *Admiralty, Hong Kong *Admiralty (United Kingdom), military department in command of the Royal Navy from 1707 to 1964 *The rank of admiral *Admiralty law Admiralty can also refer to: Buildings * Admiralty, Traf ...
*
Admiralty court Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offences. Admiralty courts in the United Kingdom England and Wales Scotland The Scottish court's earliest ...
*
Amalfian Laws The Amalfian Laws are a code of maritime laws compiled in the 12th century in Amalfi Amalfi (, , ) is a town and ''comune'' in the province of Salerno, in the region of Campania, Italy, on the Gulf of Salerno. It lies at the mouth of a deep ...
*
Barratry (admiralty law) In admiralty law, barratry is an act of gross misconduct committed by a master or crew of a vessel resulting in damage to the vessel or its cargo. These activities may include desertion, illegal scuttling, theft of the ship or cargo, and any ...
*
Consulate of the Sea The Consulate of the Sea ( ca, Consolat de mar; ) was a quasi-judicial body set up in the Crown of Aragon, later to spread throughout the Mediterranean basin, to administer maritime and commercial law. The term may also refer to a celebrated coll ...
*
Declaration of London The London Declaration concerning the Laws of Naval War is an international code of maritime law, especially as it relates to wartime activities, proposed in 1909 at the London Naval Conference by the leading European naval powers, the United St ...
* General average * Prize *
United Nations Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 ...


Notes


References


External links


Jones Act Law ResourceAdmiralty and Maritime Law GuideMarine Affairs Institute
at Roger Williams University School of Law
The Maritime Law Blog
{{DEFAULTSORT:Admiralty Law International law