Maritime Law

Last Updated :

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Blog Author :

Priya Choubey

Edited by :

Collins Enosh

Reviewed by :

Dheeraj Vaidya, CFA, FRM

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What is Maritime Law?

Maritime law is a regulatory framework that governs shipping, marine commerce, towing, recreational boating, navigation-related tort, and contracts. It also oversees workers' compensation claims pertaining to accidents, injuries, and deaths that occur on navigable, domestic, or international waters.

Maritime Law

This law is regulated by the International Maritime Organization (IMO). It is classified under private law. It protects individuals and organizations that operate on open waters. Also, it is the official regulatory body that resolves disputes and maritime insurance claims.

Table of contents
  • Maritime law is also known as admiralty law. It is a legitimate framework that governs nautical issues arising on navigable waters.
  • The International Maritime Organization (IMO) was established in 1974—175 member states signed the treaty. The IMO oversees marine safety and security.
  • Maritime law differs from the law of the seas. The law of the seas is a set of international rules, regulations, conventions, treaties, and customs that apply to nations operating on territorial seas and internal waters. Maritime law is a private law that applies to individuals and institutions.

Maritime Law Explained

Maritime law is a private law that deals with the various nautical issues that arise on open waters. It is also referred to as the admiralty law. It works like any other law, except specifically governing the activities individuals and organizations execute on the oceans.

The various actions covered under US admiralty law are as follows:

  • Marine insurance claims and salvage.
  • Personal injury and damage claims for the marine accident.
  • Shipping liens and duty.
  • Nautical passengers and cargo.
  • Ship accidents or collisions.
  • Workers' compensation to injured shipping workers.
  • Civil disputes or offenses that occur on the open waters.
  • Marine pollution, commerce, and other contracts.

The enforcement of maritime law is undertaken by the International Maritime Organization (IMO)—created in 1974. It is a marine safety and security setup—its formation was triggered by the Titanic debacle.

A treaty was signed by 175 states—members of IMO. The IMO framed conventions and rules with the help of local coast guards (participant nations). IMO oversees registrations, licensing, regulations, conventions, contracts, crimes, insurance policies, civil issues, and inspections (regulations apply only to member states).

Examples

#1 - HC Orders Ship Arrest at Kochi Port

In January 2022, the Indian High Court ordered the arrest of 25 years old MV Ocean Rose. It was an online hearing in the presence of the judge, court staff, and maritime lawyers. MV Ocean Rose was an oil tanker sailing under the Korean Flag. The ship started the voyage in December 2021 from China's Fangcheng port. TX Harry filed an admiralty suit against Grace Young International Co. Ltd.

The plaintiff raised a claim of $27297—an unpaid amount. Another $72000 in commercial invoices was outstanding. The court ordered the vessel owner to pay interest and litigation charges amounting to $50000 within 15 days—to avoid arrest.

#2 - Nigerian Navy Seizes Illegal Products Worth $700000—Crude Oil Theft.

Operation DAKATAR DA BARAWO (OPDDB) was launched on April 1, 2022. It was an action plan to stop the ongoing loot (Nigerian oil resources).

According to the Nigerian Upstream Petroleum Regulatory Commission, Nigeria lost oil worth $3.27 billion in theft. OPDDB aimed to control the economic sabotage and Crude Oil Theft (COT) in that particular geopolitical zone.

The Nigerian Navy Ship (NNS) PATHFINDER caught nine Cotonou wooden boats carrying illegally refined Automotive Gas Oil. The looters were captured at Andoki Bille.

Following the leads, OPDDB discovered Illegal Refining Sites at Ketoru Creek. The hidden site contained producing tanks, cooking pots, and reservoirs. In addition, two STARZ marine BOATS, DOROH 1 and DOROH 2 were spotted rendering illegal escort services in the Bonny maritime area.

NNS ABA suspected the involvement of MV ROYAL DIADEM in illegal oil transport in the Bonny area. Within two weeks, several criminals were arrested. The authorities seized illegal products worth $700000. These steps represented the zero-tolerance attitude of the Nigerian Navy.

History

Maritime law can be traced all the way back to Ancient Egypt. Even then, there was a need for fair trade practices—a regulatory body rendering safety and security to ships sailing between ports.

However, the local courts were incompetent in giving a fair judgment. A robust, impartial entity was called for. This way, sailors (and their families) belonging to different states across the trade route could be remedied for mishaps, accidents, or injuries occurring during voyages.

Egyptians developed the formal codes in 900 BC on the Islands of Rhodes with the cooperation of the Greeks and Phoenicians. Current admiralty law is an evolution of those traditions. Given below are the various stages of International Maritime Law:

  1. The Rhodian Sea Laws: The Romans flared the Rhodian Sea Laws from 900 BC to 300 BC to regulate maritime trade—used till 1200 AD.
  2. The Consulate of the Sea: The Consolato del Mare was adopted from 1000 AD to 1300 AD to resolve disputes related to ports, vessels, seamen, and merchants.
  3. Early European Codes of the Sea: By 1152 AD, the early European Admiralty laws were created, which apply to date. These codes include the Laws of Wisby, the Laws of Hansa Towns, and the Laws of Oleron.
  4. The English System of Admiralty Law: In the second half of the 1700s, global trading practices were growing immensely—the onset of the industrial revolution. Thus, a dedicated Admiralty court was built to conduct nautical cases and suits.
  5. US Maritime Law: Maritime law became crucial for the US. In the 18th century, the need for maritime lawyers rose significantly to safeguard the interest of American sailors, seafarers, ship owners, and marine staff.

Frequently Asked Questions (FAQs)

1. Who enforces maritime law?

Maritime law enforcement is carried out by The International Maritime Organization (IMO). IMO enforces maritime laws, conventions, and rules. It provides remedies and settlements for insurance claims, crimes, and civil misconduct committed on member nations' local coasts. 175 states have signed the IMO treaty.

2. What is the importance of maritime law?

The admiralty law governs judicial matters associated with injuries and accidents pertaining to marine activities, shipping, navigation, recreational boating, and towing. In addition, it regulates private maritime quests, contracts, torts, criminal cases, death, insurance claims, cargo losses, damage, disputes, and offenses committed on navigable waters.

3. What Is the Difference Between Maritime Law and the Law of the Sea?

The admiralty law comes under the purview of private law. It is a set of rules and conventions that deals with private marine issues and shipping matters. The admiralty law safeguards the interest of individuals and organizations. However, the law of the seas comes under the purview of international public laws, conventions, treaties, and customs. The law of the sea ensures the ethical conduct of nations in territorial seas and internal waters.