Admiralty Act or maritime law is a legal entity governing maritime issues and private maritime disputes. The admiralty law consists of both domestic legislation on maritime activities, and private international law governing relationships between private parties operating or using ships. While every legal jurisdiction usually has its own laws governing maritime issues, the international nature of the topic and the need for uniformity, since 1900, led to the development of international maritime law, including many multilateral agreements.
Matters covered by maritime law include marine trade, marine navigation, rescue, marine pollution, seafarers' rights, and sea transport of both passengers and goods. Admiralty laws also include marine-based commercial activities, such as marine insurance. Some lawyers prefer to reserve the term "maritime law" for "wet law" (eg rescue, collision, boat arrest, assault, liens, and restrictions), and use "maritime law" only for "dry law" (eg transport of goods & amp; people, marine insurance, and MLC).
Admiralty laws can be distinguished from the Law of the Sea, which is a public international legal entity relating to the right of navigation, mineral rights, jurisdiction over coastal waters, and inter-state maritime relations. The UN Convention on the Law of the Sea has been adopted by 167 countries and the European Union, and disputes are resolved in the ITLOS tribunal in Hamburg.
Video Admiralty law
History
Transport by sea is one of the earliest trading channels, and rules for resolving disputes involving maritime commerce developed at the beginning of recorded history. The earliest historical records of this law include Rhodia (Nomos Rhodion Nautikos) law, where no major written specimen survives, but is alluded to in other legal texts (Roman and Byzantine law codes), and then the custom of the Sea Consulate or the Hanseatic League. In southern Italy Ordinamenta and consuetudo maris (1063) in Trani and Amalfian Law are valid from the earliest date.
Bracton further notes that the admiralty law is also used as an alternative to the general law in Norman England, which previously required voluntary submission to him by entering a request for a court.
Islamic law also contributes greatly to the international admiralty law, which departs from previous Roman and Byzantine maritime laws in several ways. These include Muslim sailors who are paid wages remained "upfront" with the understanding that they will owe money in the event of desertion or irregularity, in accordance with the Islamic convention in which the contract must determine "known costs for known duration." (By contrast, Roman and Byzantine seafarers are "stakeholders in maritime undertakings, as long as the captain and crew, with a few exceptions, are paid a proportionate share of the profits of the marine undertaking, with shares allocated by rank only after successful journey voyages." Muslim jurists also distinguish between "coastal navigation, or" cabotage ", and voyages in" open seas ", and they make the sender" responsible for shipping in many cases except the seizure of a ship and the cargo. "Islamic law" departs from Justinian's Digest and Nomos Rhodion Nautikos in condemning the slave jettison ", and Islam Qirad is the forerunner of the European commenda partnership limited. "The influence of Islam on the development of international law of the sea" can thus be seen alongside Roman influence.
The main sponsor of admiralty law in Europe is the French Queen Eleanor of Aquitaine. Eleanor (sometimes known as "Eleanor of Guyenne") has learned about the admiralty of temporary law at the crusade of the eastern Mediterranean with her first husband, King Louis VII of France. Eleanor then established the admiralty law on Oleron Island, where it was published as "Rolls of Oleron". Sometime later, when he was in London acting as a guardian for his son, King Richard the Lionheart, Eleanor instituted maritime law into England as well.
In the UK, the Admiralty Court specifically handles all admiralty cases. Despite initial belief in the concepts of civil law originating from Corpus Juris Civilis of Justinian, the UK Admiralty Court is a very common law court, although the sui generis tribunal was initially somewhat distanced from other British courts. After about 1750, when the industrial revolution took place and the British maritime trade flourished, the Admiralty Court became a proactive source of innovative legal ideas and provisions for dealing with new situations. The Judicature Acts of 1873-1875 removed the Admiralty Court as such, and it became conflated in the new "Probate, Divorce & Admiralty" of the High Court. However, when the PDA was removed and replaced by a new "Family Division", marine jurisdiction was passed to the "Admiralty Court" which effectively QBD sat down to hear the nautical cases. The Senior Courts Act 1981 later clarified the "admiralty jurisdiction of High Court", so the British once again had a different Admiralty Court (though no longer based at the Royal Courts of Justice, but in the Rolls Building).
The English Admiralty Court was a prominent feature at the beginning of the American Revolution. For example, the phrase in the Declaration of Independence "For depriving us in many cases, the Court's merits by the Jury" refers to the practice of the British Parliament which grants the jurisdiction of the Admiralty Tribunal to enforce the Stamps Act in the American Colonies. This power has been granted because the Stamp Law is unpopular in America, so a colonial jury would not be able to punish a colonist for his offense. However, since the English admiralty court has never been tried by a jury, a colonist accused of violating the Stamp Act may be more easily punished by the Crown.
Admiralty law became part of US law as it was gradually introduced through admiralty cases that emerged after the adoption of the US Constitution in 1789. Many of the prominent American lawyers in the American Revolution were maritime and maritime lawyers in their private lives. They include Alexander Hamilton in New York and John Adams in Massachusetts.
In 1787 John Adams, then ambassador to France, wrote a letter to James Madison proposing that the US Constitution, currently under consideration by the United States, be amended to include "trials by juries in all the factual matters which can be traced by state law [as opposed to admiralty law] and not by the laws of the Nations [ie not by admiralty law] ". The result is the Seventh Amendment to the US Constitution. Alexander Hamilton and John Adams are admiralty lawyers and Adams represents John Hancock in an admiralty case in colonial Boston involving the seizure of one of Hancock's vessels for violation of Customs regulations. In a more modern era, Supreme Court Judge Oliver Wendell Holmes was an admiralty attorney before boarding the bench.
Maps Admiralty law
Features
Treatment and healing
The doctrine of preservation and healing is rooted in Article VI of the Oleron Reels promulgated in about 1160 AD The obligation to "heal" requires a shipowner to provide free medical care to a wounded sailor in the service of the ship, until the sailor has achieved "maximum medical healing". The concept of "maximum medical healing" is broader than the concept of "maximum medical improvement". The obligation to "cure" a sailor includes the obligation to give him medicine and medical equipment that improve his ability to function, even if they do not "fix" the actual conditions. They may include long-term care that allows him to continue functioning properly. Common examples include prostheses, wheelchairs, and pain medications.
The "maintenance" obligation requires the shipowner to provide a seafarer with basic living expenses when he or she recovers. Once a sailor is able to work, he is expected to defend himself. As a result, a sailor may lose his right to maintenance, while the obligation to provide his medication is in progress.
A sailor who is required to sue the shipowner to restore maintenance and healing can also recover attorney's fees. Vaughan v. Atkinson , 369 U.S. 527 (1962). If the violation of the shipowner for his obligation to provide care and treatment is a deliberate and unintentional act, the shipowner may be subject to punitive damages. View Atlantic Sounding Co. v. Townsend , 557 U.S. 404 (2009) (J. Thomas).
Personal injuries for passengers
The shipowner owes reasonable duty of care to the passengers. As a result, injured passengers on board may carry suits as if they had been injured on land through third party negligence. Passengers bear the burden to prove that the shipowner was negligent. While personal injury cases should generally be pursued within three years, the settings for the cruise line may need to be filed within one year due to the limitations contained in the passenger ticket. The notice of the terms in the ticket may require an official notice to be brought within six months after the injury. Most of the cruise ship passengers also have provisions requiring that suit to be brought to Miami or Seattle.
In the UK, 1954 the case of Adler v Dickson (The Himalaya) [1954] allowed the shipping lane to escape responsibility when the negligence of the bosun resulted in injured passengers. Since then, the 1977 Unfair Constitutional Terms Act has made it illegal to exclude liability for death or personal injury caused by a person's negligence. (Since then, however, the so-called "Himalayan clause" has become a useful way for a contractor to continue the protection of the restriction clause to its employees, agents and third-party contractors).
Debt and maritime mortgages
Banks that lend money to buy vessels, vendors that supply ships with needs such as fuel and shops, sailors who are wages are supposed to, and many others have liens against ships to guarantee payment. To enforce the lien, the ship must be arrested or seized. In the United States, measures to enforce liens against US ships must be brought to federal court and can not be made in state courts, except for under the reverse- Erie doctrine in which state courts can apply federal law. Save and save treasure
When property is lost in the ocean and saved by others, the savior is entitled to claim an appreciation for the stored property. There is no "life saving". All sailors have an obligation to save the lives of others in danger without expecting rewards. Consequently, the law of salvation applies only to saving property.
There are two types of salvage: contract rescue and pure salvage, sometimes referred to as "merit salvage". In a rescue contract the property owner and salvor enter into a rescue contract before the start of the rescue operation and the amount of paid salvor is determined by the contract. The most common rescue contract is called "Lloyd's Open Form Salvage Contract".
In pure salvation, there is no contract between the owner and the savior. The relationship is one that is implied by law. Rescuers of property under pure salvation should bring their claim to be rescued in court, which will provide salvation based on services "services" and the value of the property being saved.
Claims of pure leftovers are divided into "high levels" and "low levels" of rescue. In high-level rescue, salvor exposes himself and his crew to risk injury and loss or damage to his equipment to save the damaged vessel. Examples of high-level rescue are boarding a ship that sank in bad weather, boarded a burning ship, lifted a boat or a sinking boat, or pulled a boat that was in the waves away from the shore. Low-level rescue occurs when the salvor is exposed to little or no personal risk. Examples of low-order salvage include towing other ships in tranquil seas, supplying ships with fuel, or pulling ships from sand bars. Rescuers who perform high-order rescue receive much greater rescue awards than those who do low-order rescue.
Both in high-order and low-order terms, the number of rescue awards is based first on the value of the stored property. If nothing is saved, or if additional damage is done, there will be no rewards. Other factors to consider are rescue skills, the dangers posed by rescued property, the value of the property at risk of affecting the rescue, the amount of time and money spent in the rescue operation, etc.
A pure or appropriate salvage award will rarely exceed 50 percent of the salved property value. The exception to the rule is in the case of a treasure rescue. Because the drowning treasures have generally been lost for hundreds of years, while the original owner (or insurance company, if the vessel is insured) continues to have an interest in it, the salvor or seeker will generally get most of the value of the property. While sunken ships from Spanish Main (such as the Nuestra SeÃÆ'Â Â ± ora de Atocha in the Florida Keys) are the most common thought of the type of treasure rescue, other types of vessels including the German submarine from World War II which can store valuable historical artifacts, American Civil War ships (USS Maple Leaf on the St. Johns River, and CSS Virginia in Chesapeake Bay), and sinking merchant ships ( SS Central America in Cape Hatteras) have all been the subject of treasure awards. Due to improvements in son-side scanning, many of the previously lost vessels are now being deployed and treasuring treasures is now a less risky effort than in the past, although it is still highly speculative and expensive.
International convention
Before the mid-1970s, most of the international conventions on maritime trade and commerce came from a private maritime lawyer organization known as the ComitÃÆ'Â © Maritime International (International Maritime Committee or CMI). Established in 1897, CMI is responsible for the preparation of various international conventions including the Hague Rules (International Convention on Bills of Lading), Visby Amendments (amending the Hague Rules), Rescue Conventions and many others. While the CMI continues to function in advisory capacity, much of its function has been taken over by the International Maritime Organization, established by the United Nations in 1958 but not being truly effective until about 1974.
IMO has prepared various international conventions on maritime safety including the International Convention for the Safety of Life at Sea (SOLAS), Standards for Training, Certification and Supervision (STCW), International Regulations to Prevent Sea Collisions (Collision Ordinance or COLREGS), Marine Pollution Rules (MARPOL), the International Aviation and Maritime Flight and Tracking Convention (IAMSAR) and others. The United Nations Convention on the Law of the Sea (UNCLOS) defines agreements on the protection of the marine environment and various maritime boundaries. International fishing constraints such as the International Convention for Whaling Regulations are also part of a convention body in international waters. Other commercial conventions include "International Convention relating to Limitation of Ownership of Marine Ships", Brussels, October 10, 1957. and the International Convention for Safe Containers.
After adoption, most international conventions are enacted by each signatory country, either through their Port State Control, or through their national courts. Cases within the EMSA of the EU can be heard by CJEU in Luxembourg. Conversely, disputes involving the Law of the Sea can be resolved at ITLOS in Hamburg, provided the parties are signatories to UNCLOS.
Hijacking
Transit ships in the region with increased pirate activity (ie Gulf of Aden, Somali Basin, South Red Sea and Bab-el-Mandeb Strait) are advised to apply Self-Protection measures in accordance with Best Management Practices is agreed upon by members of the merchant industry, and supported by the NATO Delivery Center, and the Horn-of-Africa Maritime Security Center (MSCHOA)
Each country
The legal system of the common law of the United States and Britain contradicts civilian legal systems prevailing in continental Europe and is traced back to codified ancient Roman law. Although the English admiralty law is the development of continental civil law, the maritime court is a common law court, albeit somewhat distanced from the mainstream Kings Bench.
Most common law states (including Pakistan, Singapore, India, and many other Commonwealth countries) follow English law and law. India still follows many Victorian British statutes such as the Admiralty Court Act 1861 [24 Vict c 10]. While Pakistan now has its own laws, the Admiralty Court of the Court of Appeal, 1980 (Ordinance XLII 1980), it also follows the English case law. One reason is that the 1980 Ordinance was partially modeled on English admiralty law, the 1956 Justice Act Administration. The current law dealing with the jurisdiction of the High Court of England and Wales is the Supreme Court Act 1981, ss. 20-24, 37. The provisions in that section, in turn, are based on the 1952 International Catching Convention. Other non-compliance states and UK law cases, such as Panama, have also established well-known maritime courts that decide international cases regular.
The Admiralty Court takes over jurisdiction on the basis of the existence of the ship in its territorial jurisdiction regardless of whether the ship is national or not and whether registered or not, and wherever residence or domicile or its owner. A ship is usually arrested by the court to maintain jurisdiction. State-owned vessels are usually immune from arrest.
Canada
Canadian jurisdiction in the field of "Navigation and Sailing" is held in the Canadian Parliament based on s. 91 (10) of the Constitutional Act, 1867 .
Canada has adopted a broad definition of maritime law, which goes beyond traditional admiralty laws. The original British admiralty jurisdiction is called "wet", as it concerns itself with things done at sea, including collisions, rescues and seafarers' work, and contracts and lawsuits done at sea. Canadian law has added "dry" jurisdiction to this field, which includes such things as:
- stevedoring,
- marine insurance,
- warehousing and security services,
- agency contracts, and
- contract of carriage.
This list is not complete from the subject matter.
Canadian jurisdiction was initially consolidated in 1891, with subsequent expansion in 1934 following the passing of the Statute of Westminster 1931, and in 1971 with extensions for "dry" things.
Recent jurisprudence in the Supreme Court of Canada tends to extend the rule of maritime law, thus overriding previous provincial laws based on provincial powers over property rights and civil rights.
United States
Jurisdiction
Article III, Section 2 of the Constitution of the United States provides original jurisdiction to the US federal court of admiralty and maritime matters; however, the jurisdiction is not exclusive, and most maritime cases can be heard in federal or state courts under the "save for applicants" clause.
There are five types of cases that can only be brought in federal courts:
- Limitations of Boat Ownership,
- Capture the Ship in Rem ,
- Capture property Quasi in Rem ,
- Rescue case, and
- Petitory and Possession Actions.
A common element of such cases is that they require courts to exercise jurisdiction over maritime property. For example, in a Petitory and Possession Action, a dispatching ship, usually between co-owners, will be put into court ownership until title disputes can be resolved. In Restricted Actions, the shipowner will post a bond reflecting the value of the ship and its pending delivery. The sixth category, reward (law), relating to claims of ships captured during wartime, has been deemed obsolete due to changes in the laws and practices of warfare.
Apart from five types of cases, all other maritime cases, such as claims for personal injury, cargo damage, collisions, maritime product responsibilities, and recreational boat accidents may be brought to federal or state courts.
From a tactical point of view, it is important to consider that in federal courts in the United States, there is generally no right to be tried by a jury in admiralty cases, although the Jones Act provides jury trials to seafarers suing their employers.
The maritime law is governed by a uniform three-year law concerning limitations for personal injury and wrongful death cases. Cargo cases must be filed within two years (extended from a one-year allowance under the Hague-Visby Rules), in accordance with the adoption of the Rotterdam Rules. Most major cruise passengers have a one-year limit law.
Applicable law
State courts who listen to admiralty or maritime cases are required to apply maritime and maritime laws, even if they are contrary to state law, under the doctrine known as the "reverse-Erie doctrine". While the "Erie doctrine" requires that federal courts who hear state action should apply substantive state law, the "reverse-Erie doctrine" requires state courts to listen to admiralty cases to apply federal substantive admiralty laws. However, state courts are permitted to apply state procedural law. This change can be significant.
US admiralty legal features
Claim charge
Cargo damage claims sent in international trade are governed by Sea Act (COGSA) Freight, which is the endorsement of the Hague Rules in the US. One of its main features is that the shipowner is responsible for the damaged load of "hook to hook", which means from loading to discharge, unless it is exempt from any of the 17 exceptions to obligations, such as "acts of God", inherent nature of the goods , errors in navigation, and ship management. The basis of liability for the shipowner is a guarantee and if the operator is to be responsible as a public carrier, it shall be determined that the goods are placed in the ownership and control of the carrier for immediate transport.
Personal injuries for sailors
The wounded sailors on the ship have three possible sources of compensation: the principles of maintenance and healing, the doctrine of non-existence, and the Jones Act. The principle of maintenance and healing requires a shipowner to pay both for injured seafarers medical treatment until the maximum medical recovery (MMR) is obtained and provides basic living expenses until the completion of the voyage, even if the sailors are no longer on board.
Academic program
There are some universities that offer maritime law programs. The following is a partial list of universities offering post-graduate maritime programs:
- Canada
- Dalhousie Law School - LL.M in marine and environmental law
- French
- PanthÃÆ' Â © on-Assas University - LL.M in international law, business or private with a marine law program
- The University of Nice Sophia Antipolis - LL.M in maritime law and the environment
- University of Western Brittany in Brest - LL.M in maritime law
- Nantes University in Nantes - Legal and Security Expert of maritime and maritime activities
- Le Havre University in Le Havre - Master of Laws in Maritime & amp; Port Action Law
- Germany
- Hamburg University with the Max Planck Institute for Comparative and International Civil Law - PhD in maritime law
- Malaysia
- Universiti Teknologi Mara - LL.M in Legal Aspects of Marine
- Malta
- International Maritime Law Institute - LL.M in International Maritime Law
- Netherlands
- Erasmus University Rotterdam - LL.M. in Business, Corporate, and Maritime Law; Master of Science (M.Sc.) in Maritime Economics and Logistics (MEL)
- Norway
- Oslo University (Scandinavian Maritime Scandal Institute) - LL.M in maritime law
- University of Oslo - Master of Laws in Maritime Law
- Singapore
- National University of Singapore - LL.M in maritime law (Graduate Diploma in Maritime Law and Arbitration of International Maritime Organization)
- South Africa
- University of Cape Town - Master in Maritime Law
- Spanish
- Comillas Pontifical University - Master in Maritime Business and Maritime Law (ICADE - Spanish Maritime Institute)
- University of Deusto - Master in Maritime Business Management and Maritime Law
- Sweden
- Lund University - LL.M in maritime law
- Master of Science World Maritime University in Maritime Field (Maritime Law and Policy)
- Thailand
- Thammasat University - LL.M. in international trade law
- United Kingdom
- Bangor University - LLM in Maritime Law and LLM in Law of the Sea
- Cardiff University - LLM in Shipping Law
- City University London - LLM in Maritime Law
- Liverpool John Moores University - BSc & amp; MSc in Maritime, Transportation & amp; Logistics (MTL) (with embedded maritime legal 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 - LLM in Maritime Law
- University of Hertfordshire - LLM in Maritime Law
- University of Nottingham - LLM in Maritime Law
- University of Southampton Law School - LLB (Maritime Law) and LLM in Maritime Law
- United States
- Florida Coastal School of Law - LL.M. in Logistics and Transportation Law
- St. Thomas University School of Law
- Tulane University Law School - LL.M in admiralty & amp; JD with Certificate of Specialization in Admiralty & amp; Maritime Law
- University of Miami Law School - LL.M in Law of the Sea and Coastal
- William S. Richardson University School of Law - LL.M. in Ocean Law and Policy
See also
- Admiralty
- Admiralty Court
- Amalfian Law
- Barratry (admiralty law)
- Sea Consulate
- London Declaration
- General averages
- Prizes
- United Nations Convention on the Law of the Sea
References
External links
- Jones Act Law Resource
- Admiralty and Maritime Legal Guidelines
- LII: The law on... Admiralty
- The Law of the Sea on the UN web
- Marine Affairs Institute at Roger Williams University Law School
- Maritime Law Blog
Source of the article : Wikipedia
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