Admiralty law is a distinct body of
lawLaw is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and
private international lawConflict of laws is a set of procedural rules that determines which legal system and which jurisdiction's applies to a given dispute...
governing the relationships between private entities which operate vessels on the oceans. It deals with matters including marine commerce, marine navigation,
shippingShipping has multiple meanings. It can be a physical process of transporting commodities and merchandise goods and cargo, by land, air, and sea. It also can describe the movement of objects by ship.Land or "ground" shipping can be by train or by truck...
,
sailorA sailor, mariner, or seaman is a person who navigates water-borne vessels or assists in their operation, maintenance, or service. The term can apply to professional mariners, military personnel, and recreational sailors as well as a plethora of other uses...
s, and the transportation of passengers and goods by sea. Admiralty law also covers many commercial activities, although land based or occurring wholly on land, that are maritime in character.
Admiralty law is distinguished from the
Law of the SeaThe United Nations Convention on the Law of the Sea , also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea , which took place from 1973 through 1982...
, which is a body of public international law dealing with navigational rights,
mineral rights- Mineral estate :Ownership of mineral rights is an estate in real property. Technically it is known as a mineral estate and often referred to as mineral rights...
, jurisdiction over coastal waters and international law governing relationships between nations.
Although each legal jurisdiction usually has its own enacted legislation governing maritime matters, admiralty law is characterized by a significant amount of international law developed in recent decades, including numerous multilateral treaties.
History of admiralty law
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 (Nomos Rhodion Nautikos)(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
Hanseatic LeagueThe Hanseatic League was an economic alliance of trading cities and their merchant guilds that dominated trade along the coast of Northern Europe...
. In southern Italy the
Ordinamenta et consuetudo marisThe Ordinamenta et consuetudo maris was a convention governing maritime trade promulgated at Trani in 1063: "the oldest surviving maritime law code of the Latin West"....
(1063) at
TraniTrani is a seaport of Apulia, southern Italy, on the Adriatic Sea, in the new Province of Barletta-Andria-Trani , and 40 km by railway West-Northwest of Bari.- History :...
and the
Amalfian LawsThe Amalfian Laws are a code of maritime laws compiled in the 12th century in Amalfi, a town in Italy.They took the form of the Tabula Amalfitana , and were for centuries the international mercantile code accepted and taken as a model....
were in effect from an early date.
Islamic lawSharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
also made major contributions to international admiralty law, departing from the previous
RomanRoman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
and
ByzantineByzantine Law was essentially a continuation of Roman Law with Christian influence, however, this is not to doubt its later influence on the western practice of jurisprudence...
maritime laws in several ways. These included Muslim sailors being paid a fixed
wageA wage is a compensation, usually financial, received by workers in exchange for their labor.Compensation in terms of wages is given to workers and compensation in terms of salary is given to employees...
"in advance" with an understanding that they would owe money in the event of
desertionIn military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
or
malfeasanceThe expressions misfeasance and nonfeasance, and occasionally malfeasance, are used in English law with reference to the discharge of public obligations existing by common law, custom or statute.-Definition and relevant rules of law:...
, in keeping with Islamic conventions in which contracts should specify "a known fee for a known duration." (In contrast, Roman and Byzantine
sailorA sailor, mariner, or seaman is a person who navigates water-borne vessels or assists in their operation, maintenance, or service. The term can apply to professional mariners, military personnel, and recreational sailors as well as a plethora of other uses...
s were "stakeholders in a maritime venture, in as much as captain and crew, with few exceptions, were paid proportional divisions of a sea venture's profit, with shares allotted by rank, only after a voyage's successful conclusion.") Muslim jurists also distinguished between "coastal navigation, or
cabotageCabotage is the transport of goods or passengers between two points in the same country by a vessel or an aircraft registered in another country. Originally starting with shipping, cabotage now also covers aviation, railways and road transport...
", and voyages on the "high seas", and they made shippers "liable for freight in most cases except the
seizureSearch and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
of both a
shipSince the end of the age of sail a ship has been any large buoyant marine vessel. Ships are generally distinguished from boats based on size and cargo or passenger capacity. Ships are used on lakes, seas, and rivers for a variety of activities, such as the transport of people or goods, fishing,...
and its
cargoCargo is goods or produce transported, generally for commercial gain, by ship, aircraft, train, van or truck. In modern times, containers are used in most intermodal long-haul cargo transport.-Marine:...
". Islamic law "departed from Justinian's
DigestThe Digest, also known as the Pandects , is a name given to a compendium or digest of Roman law compiled by order of the emperor Justinian I in the 6th century .The Digest was one part of the Corpus Juris Civilis, the body of civil law issued under Justinian I...
and the
Nomos Rhodion Nautikos in condemning slave jettison", and the Islamic
QiradThe qirad was one of the basic financial instruments of the medieval Islamic world. It was an arrangement between one or more investors and an agent where the investors entrusted capital to an agent who then traded with it in hopes of making profit...
was a precursor to the European
commenda limited partnershipA limited partnership is a form of partnership similar to a general partnership, except that in addition to one or more general partners , there are one or more limited partners . It is a partnership in which only one partner is required to be a general partner.The GPs are, in all major respects,...
. The "Islamic influence on the development of an international law of the sea" can thus be discerned alongside that of the Roman influence.
Admiralty law was introduced into England by
Eleanor of AquitaineEleanor of Aquitaine was one of the wealthiest and most powerful women in Western Europe during the High Middle Ages. As well as being Duchess of Aquitaine in her own right, she was queen consort of France and of England...
while she was acting as
regentA regent, from the Latin regens "one who reigns", is a person selected to act as head of state because the ruler is a minor, not present, or debilitated. Currently there are only two ruling Regencies in the world, sovereign Liechtenstein and the Malaysian constitutive state of Terengganu...
for her son, King
Richard the LionheartRichard I was King of England from 6 July 1189 until his death. He also ruled as Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Lord of Cyprus, Count of Anjou, Count of Maine, Count of Nantes, and Overlord of Brittany at various times during the same period...
. She had earlier established admiralty law on the island of
OleronÎle d'Oléron is an island off the Atlantic coast of France , on the southern side of the Pertuis d'Antioche strait....
(where it was published as the
Rolls of OleronThe Rolls of Oléron were the first formal statement of "maritime" or "admiralty" laws in northwestern Europe....
) in her own lands (although she is often referred to in admiralty law books as "Eleanor of Guyenne"), having learned about it in the eastern Mediterranean while on a
CrusadeThe Crusades were a series of religious wars, blessed by the Pope and the Catholic Church with the main goal of restoring Christian access to the holy places in and near Jerusalem...
with her first husband, King
Louis VII of FranceLouis VII was King of France, the son and successor of Louis VI . He ruled from 1137 until his death. He was a member of the House of Capet. His reign was dominated by feudal struggles , and saw the beginning of the long rivalry between France and England...
. In England, special
admiralty courtAdmiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries and offences.- Admiralty Courts in England and Wales :...
s handle all admiralty cases. These courts do not use the
common lawCommon law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
of England, but are
civil lawCivil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
courts largely based upon the
Corpus Juris CivilisThe Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...
of
JustinianJustinian I ; , ; 483– 13 or 14 November 565), commonly known as Justinian the Great, was Byzantine Emperor from 527 to 565. During his reign, Justinian sought to revive the Empire's greatness and reconquer the lost western half of the classical Roman Empire.One of the most important figures of...
.
Admiralty courts were a prominent feature in the prelude to the
American RevolutionThe American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...
. 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 Parliament giving the Admiralty Courts jurisdiction to enforce The
Stamp ActA stamp act is any legislation that requires a tax to be paid on the transfer of certain documents. Those that pay the tax receive an official stamp on their documents, making them legal documents. The taxes raised under a stamp act are called stamp duty. This system of taxation was first devised...
in the American Colonies. Because the Stamp Act was unpopular, a colonial jury was
unlikely to convictJury nullification occurs in a trial when a jury reaches a verdict contrary to the judge's instructions as to the law.A jury verdict contrary to the letter of the law pertains only to the particular case before it; however, if a pattern of acquittals develops in response to repeated attempts to...
a colonist of its violation. However, because admiralty courts did not (as is true today) grant trial by jury, a colonist accused of violating the Stamp Act could be more easily convicted by the Crown.
Admiralty law became part of the law of the United States as it was gradually introduced 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 in their private lives. Those included are
Alexander HamiltonAlexander Hamilton was a Founding Father, soldier, economist, political philosopher, one of America's first constitutional lawyers and the first United States Secretary of the Treasury...
in
New YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
and
John AdamsJohn Adams was an American lawyer, statesman, diplomat and political theorist. A leading champion of independence in 1776, he was the second President of the United States...
in
MassachusettsThe Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
.
In 1787
Thomas JeffersonThomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
, who was then
ambassador to FranceThis article is about the United States Ambassador to France. There has been a United States Ambassador to France since the American Revolution. The United States sent its first envoys to France in 1776, towards the end of the four-centuries-old Bourbon dynasty...
, wrote to
James MadisonJames Madison, Jr. was an American statesman and political theorist. He was the fourth President of the United States and is hailed as the “Father of the Constitution” for being the primary author of the United States Constitution and at first an opponent of, and then a key author of the United...
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 [as opposed the law of admiralty] and not by the laws of Nations [i.e. not by the law of admiralty]". The result was the
Seventh Amendment to the U.S. ConstitutionThe Seventh Amendment to the United States Constitution, which was ratified as part of the Bill of Rights, codifies the right to a jury trial in certain civil cases. However, in some civil cases, the Supreme Court has not incorporated the right to a jury trial to the states in the fashion which...
. Alexander Hamilton and John Adams were both admiralty lawyers and Adams represented John Hancock 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 federal bench.
Maintenance and cure
The doctrine of maintenance and cure is rooted in the Article VI of the
Rolls of OleronThe Rolls of Oléron were the first formal statement of "maritime" or "admiralty" laws in northwestern Europe....
promulgated in about 1160 A.D. The obligation to "cure" requires a shipowner to provide medical care, free of charge, to a seaman 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 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. TownsendAtlantic Sounding Co. v. Townsend, 557 U.S. ___ , was a decision by the Supreme Court of the United States holding that a seaman may recover punitive damages from his employer for failure to pay maintenance and cure. Townsend reversed a line of cases, starting with Guevara v...
, 557 U.S. ___ (2009)(J. Thomas).
Personal injuries to passengers
Shipowners owe a
duty of reasonable careIn English tort law, there can be no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there has been a breach of that duty...
to passengers (for a broad overview of this theory in law, see
negligenceNegligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
). 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 the statute of limitations is generally three years, suits against cruise lines must usually 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 or Seattle.
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
lienIn law, a lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation...
against the ship to guarantee payment. To enforce the lien, the ship must be arrested or seized. An action to enforce a lien against a U.S. ship must be brought in federal court and cannot be done in state court.
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 salved 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 ContractA Lloyd's Open Form, formally Lloyd's Standard Form of Salvage Agreement, but more commonly referred to as LOF, is a standard legal document for a proposed marine salvage operation. The two-page contract is published by the famous Lloyd's of London...
".
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 MainIn the days of the Spanish New World Empire, the mainland of the American continent enclosing the Caribbean Sea and the Gulf of Mexico was referred to as the Spanish Main. It included present-day Florida, the east shore of the Gulf of Mexico in Texas, Mexico, Central America and the north coast of...
(such as
Nuestra Señora de AtochaNuestra Señora de Atocha was the most famous of a fleet of Spanish ships that sank in 1622 off the Florida Keys while carrying copper, silver, gold, tobacco, gems, jewels, jewelry and indigo from Spanish ports at Cartagena, Colombia, Porto Bello in New Granada and Havana bound for Spain...
in the
Florida KeysThe Florida Keys are a coral archipelago in southeast United States. They begin at the southeastern tip of the Florida peninsula, about south of Miami, and extend in a gentle arc south-southwest and then westward to Key West, the westernmost of the inhabited islands, and on to the uninhabited Dry...
) 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 WarThe American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
ships (the USS
Maple Leaf in the
St. Johns RiverThe St. Johns River is the longest river in the U.S. state of Florida and its most significant for commercial and recreational use. At long, it winds through or borders twelve counties, three of which are the state's largest. The drop in elevation from the headwaters to the mouth is less than ;...
, and the
CSS VirginiaCSS Virginia was the first steam-powered ironclad warship of the Confederate States Navy, built during the first year of the American Civil War; she was constructed as a casemate ironclad using the raised and cut down original lower hull and steam engines of the scuttled . Virginia was one of the...
in
Chesapeake BayThe Chesapeake Bay is the largest estuary in the United States. It lies off the Atlantic Ocean, surrounded by Maryland and Virginia. The Chesapeake Bay's drainage basin covers in the District of Columbia and parts of six states: New York, Pennsylvania, Delaware, Maryland, Virginia, and West...
), and sunken merchant ships (the
SS Central AmericaSS Central America, sometimes called the Ship of Gold, was a 280-foot sidewheel steamer that operated between Central America and the eastern coast of the United States during the 1850s. She was originally named the SS George Law, after Mr. George Law of New York...
off
Cape HatterasCape Hatteras is a cape on the coast of North Carolina. It is the point that protrudes the farthest to the southeast along the northeast-to-southwest line of the Atlantic coast of North America...
) 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.
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 OrganizationThe International Maritime Organization , formerly known as the Inter-Governmental Maritime Consultative Organization , was established in Geneva in 1948, and came into force ten years later, meeting for the first time in 1959...
, which was established by the
United NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
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 SeaThe International Convention for the Safety of Life at Sea is an international maritime safety treaty. The SOLAS Convention in its successive forms is generally regarded as the most important of all international treaties concerning the safety of merchant ships.- History :The first version of the...
(SOLAS), the Standards for Training, Certification, and Watchkeeping (
STCWThe International Convention on Standards of Training, Certification and Watchkeeping for Seafarers , 1978 sets qualification standards for masters, officers and watch personnel on seagoing merchant ships. STCW was adopted in 1978 by conference at the International Maritime Organization in...
), the
International Regulations for Preventing Collisions at SeaThe International Regulations for Preventing Collisions at Sea 1972 are published by the International Maritime Organization , and set out, inter alia, the "rules of the road" or navigation rules to be followed by ships and other vessels at sea in order to prevent collisions between two or more...
(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 SeaThe United Nations Convention on the Law of the Sea , also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea , which took place from 1973 through 1982...
(UNCLOS) defined a treaty regarding protection of the marine environment and various
maritime boundariesMaritime boundary is a conceptual means of division of the water surface of the planet into maritime areas that are defined through surrounding physical geography or by human geography. As such it usually includes areas of exclusive national rights over the mineral and biological resources,...
.
Once adopted, the international conventions are enforced by the individual nations which are signatories, either through their local
Coast GuardA coast guard or coastguard is a national organization responsible for various services at sea. However the term implies widely different responsibilities in different countries, from being a heavily armed military force with customs and security duties to being a volunteer organization tasked with...
s, or through their courts.
Piracy
Merchant vessels transiting areas of increased pirate activity (i.e. the
Gulf of AdenThe Gulf of Aden is located in the Arabian Sea between Yemen, on the south coast of the Arabian Peninsula, and Somalia in the Horn of Africa. In the northwest, it connects with the Red Sea through the Bab-el-Mandeb strait, which is about 20 miles wide....
, Somali Basin, Southern
Red SeaThe Red Sea is a seawater inlet of the Indian Ocean, lying between Africa and Asia. The connection to the ocean is in the south through the Bab el Mandeb strait and the Gulf of Aden. In the north, there is the Sinai Peninsula, the Gulf of Aqaba, and the Gulf of Suez...
and Bab-el-Mandeb straits) 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)
Common law countries
Most of the
common lawCommon law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
countries (including
PakistanPakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
,
SingaporeSingapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
,
IndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, and many other
Commonwealth of NationsThe Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
countries) follow English statute and case law. India still follows many Victorian-era British statutes such as the Admiralty Court Act 1861 [24 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 Supreme Court 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
PanamaPanama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
, also have established well-known maritime courts which decide international cases on a regular basis.
Canada has adopted an expansive definition of its maritime law, which goes beyond the traditional English jurisdiction.
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.
Jurisdiction
Article III, Section 2Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.-Section 1: Federal courts:...
of the
United States ConstitutionThe Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
grants original jurisdiction to U.S. federal courts 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 (law)Prize is a term used in admiralty law to refer to equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of prize in this sense is the capture of an enemy ship and its cargo as a prize of war. In the past, it was common that the capturing force would be allotted...
, 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 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 RulesThe Hague-Visby Rules are a set of international rules for the international carriage of goods by sea. The official title is "International Convention for the Unification of Certain Rules of Law relating to Bills of Lading" and was drafted in Brussels in 1924...
), pursuant to the adoption of the
Rotterdam RulesThe "Rotterdam Rules", formally the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea is a treaty comprising international rules that revises the legal and political framework for maritime carriage of goods...
. 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 doctrineIn United States law, the Erie doctrine is a fundamental legal doctrine of civil procedure mandating that a federal court in diversity jurisdiction must apply state substantive law....
" 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.
Cargo claims
Claims for damage to cargo shipped in international commerce are governed by the
Carriage of Goods by Sea ActThe Carriage of Goods by Sea Act 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 International Convention Regarding Bills of Lading, commonly...
(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 GodAct of God is a legal term for events outside of human control, such as sudden floods or other natural disasters, for which no one can be held responsible.- Contract law :...
", the inherent nature of the goods, errors in
navigationNavigation is the process of monitoring and controlling the movement of a craft or vehicle from one place to another. It is also the term of art used for the specialized knowledge used by navigators to perform navigation tasks...
, and management of the ship.
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.
Maritime law academic programs
There are several universities around the world that offer maritime law programs. What follows is a partial list of universities offering postgraduate maritime courses:
- Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
- Dalhousie Law School
The Schulich School of Law is part of Dalhousie University in Halifax, Nova Scotia, Canada. Formerly called Dalhousie Law School, it was established in 1883, making it the oldest university-affiliated common law school in the Commonwealth. It is the primary law school in Atlantic Canada and...
- LL.M in marine and environmental law
- Germany
- University of Hamburg
The University of Hamburg is a university in Hamburg, Germany. It was founded on 28 March 1919 by Wilhelm Stern and others. It grew out of the previous Allgemeines Vorlesungswesen and the Kolonialinstitut as well as the Akademisches Gymnasium. There are around 38,000 students as of the start of...
with Max Planck Institute for Comparative and International Private Law - PhD in maritime law
- Malaysia
- Universiti Teknologi Mara
Universiti Teknologi MARA is a coeducational public university with its main campus located in Shah Alam, Selangor, Malaysia.It is the flagship institution of the Universiti Teknologi MARA...
- LL.MThe Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
in Legal Aspects of Marine Affairs
- Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
- 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 unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
- University of Oslo
The University of Oslo , formerly The Royal Frederick University , is the oldest and largest university in Norway, situated in the Norwegian capital of Oslo. The university was founded in 1811 and was modelled after the recently established University of Berlin...
(Scandinavian Institute of Maritime Law) - LL.M in maritime law
- Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
- National University of Singapore
The National University of Singapore is Singapore's oldest university. It is the largest university in the country in terms of student enrollment and curriculum offered....
- LL.MThe Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
in maritime law (Graduate Diploma in Maritime Law and Arbitration International Maritime Organization)
- South Africa
- University of Cape Town
The University of Cape Town is a public research university located in Cape Town in the Western Cape province of South Africa. UCT was founded in 1829 as the South African College, and is the oldest university in South Africa and the second oldest extant university in Africa.-History:The roots of...
- Masters in Maritime Law
- Spain
- Comillas Pontifical University - Master in Maritime Business and Maritime Law (ICADE - Spanish Maritime Institute)
- University of Deusto
The University of Deusto is a Spanish Jesuit University, with campuses in Bilbao and San Sebastián, Spain.-History:The University of Deusto first opened in 1886, having been founded because of the Basque Country's desire to have its own university and the Society of Jesus's wish to move its School...
- Master in Maritime Enterprise Management and Maritime Law
- Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
- Lund University
Lund University , located in the city of Lund in the province of Scania, Sweden, is one of northern Europe's most prestigious universities and one of Scandinavia's largest institutions for education and research, frequently ranked among the world's top 100 universities...
- LL.MThe Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
in maritime law
- World Maritime University
World Maritime University was established in 1983 by the International Maritime Organization. It is located in Malmö, Sweden with campuses in Shanghai and Dalian, China....
Master of Science in Maritime Affairs (Maritime Law and Policy)
- Thailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
- Thammasat University
Thammasat University , or in brief TU , is Thailand's second oldest university. Officially established on 27 June 1934, the university was originally named by founder Pridi Banomyong, University of Moral Science and Politics , reflecting the political fervor of the time...
- LL.M. in international trade law
- United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
- City University London - LL.M in Maritime Law
- Cardiff University
Cardiff University is a leading research university located in the Cathays Park area of Cardiff, Wales, United Kingdom. It received its Royal charter in 1883 and is a member of the Russell Group of Universities. The university is consistently recognised as providing high quality research-based...
- LL.M in legal aspects of marine affairs
- Lloyd's Maritime Academy - Foundation Diploma in Admiralty Law and Practice
- London Metropolitan University
London Metropolitan University , located in London, England, was formed on 1 August 2002 by the amalgamation of the University of North London and the London Guildhall University . The University has campuses in the City of London and in the London Borough of Islington.The University operates its...
- LL.M. in International Trade, Transport & Maritime Law
- Swansea University
Swansea University is a university located in Swansea, Wales, United Kingdom. Swansea University was chartered as University College of Swansea in 1920, as the fourth college of the University of Wales. In 1996, it changed its name to the University of Wales Swansea following structural changes...
(Institute of International Shipping and Trade Law) - LL.M. in commercial and maritime law
- University of Bristol
The University of Bristol is a public research university located in Bristol, United Kingdom. One of the so-called "red brick" universities, it received its Royal Charter in 1909, although its predecessor institution, University College, Bristol, had been in existence since 1876.The University is...
- LL.M. in maritime law
- University College London
University College London is a public research university located in London, United Kingdom and the oldest and largest constituent college of the federal University of London...
- LL.M. in maritime law
- University of Hertfordshire
The University of Hertfordshire is a new university based largely in Hatfield, in the county of Hertfordshire, England, from which the university takes its name. It has more than 27,500 students, over 2500 staff, with a turnover of over £181m...
- LL.M. in maritime law
- University of Nottingham
The University of Nottingham is a public research university based in Nottingham, United Kingdom, with further campuses in Ningbo, China and Kuala Lumpur, Malaysia...
- LL.M. in maritime law
- University of Southampton
The University of Southampton is a British public university located in the city of Southampton, England, a member of the Russell Group. The origins of the university can be dated back to the founding of the Hartley Institution in 1862 by Henry Robertson Hartley. In 1902, the Institution developed...
School of Law (Institute of Maritime Law) - LLB (Maritime Law) and LL.M Maritime Law
- United States
- St. Thomas University School of Law
St. Thomas University School of Law is fully accredited by the American Bar Association and is a member of the Association of American Law Schools. The School of Law is located on the main campus of St. Thomas University in Miami Gardens, Florida...
- Tulane University Law School
Tulane University Law School is the law school of Tulane University. It is located on Tulane's Uptown campus in New Orleans, Louisiana. Established in 1847, it is the 12th oldest law school in the United States....
- LL.M in admiralty
- University of Miami Law School - LL.M in Ocean and Coastal Law
See also
- Admiralty
The Admiralty was formerly the authority in the Kingdom of England, and later in the United Kingdom, responsible for the command of the Royal Navy...
- Amalfian Laws
The Amalfian Laws are a code of maritime laws compiled in the 12th century in Amalfi, a town in Italy.They took the form of the Tabula Amalfitana , and were for centuries the international mercantile code accepted and taken as a model....
- Barratry
Barratry is the name of four legal concepts, three in criminal and civil law, and one in admiralty law.* Barratry, in criminal and civil law, is the act or practice of bringing repeated legal actions solely to harass...
- Canal
Canals are man-made channels for water. There are two types of canal:#Waterways: navigable transportation canals used for carrying ships and boats shipping goods and conveying people, further subdivided into two kinds:...
s
- 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, as well as the United States and Japan, after a multinational...
- Dock
A dock is a human-made structure or group of structures involved in the handling of boats or ships, usually on or close to a shore.However, the exact meaning varies among different variants of the English language...
s
- General average
The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency...
- Pier
A pier is a raised structure, including bridge and building supports and walkways, over water, typically supported by widely spread piles or pillars...
s
- Piracy
- Prize
Prize is a term used in admiralty law to refer to equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of prize in this sense is the capture of an enemy ship and its cargo as a prize of war. In the past, it was common that the capturing force would be allotted...
- Shipping
Shipping has multiple meanings. It can be a physical process of transporting commodities and merchandise goods and cargo, by land, air, and sea. It also can describe the movement of objects by ship.Land or "ground" shipping can be by train or by truck...
- United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea , also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea , which took place from 1973 through 1982...
- Wharves
A wharf or quay is a structure on the shore of a harbor where ships may dock to load and unload cargo or passengers.Such a structure includes one or more berths , and may also include piers, warehouses, or other facilities necessary for handling the ships.A wharf commonly comprises a fixed...
External links