Maritime Law General introduction Chapter1

Maritime law Upon the completion of this course, students are expected to: appreciate the relevance of maritime legislation for land-locked shipping countries. understand the nature and scope of maritime law comprehend contractual as well as non-contractual principles involved in maritime law. develop skills needed to solve problems involving maritime matters.

CHAPTER ONE INTRODUTION TO MARITIME LAW This chapter deals with: (1) the historical development of maritime law. (2) the definition, scope, and nature of maritime law.

Cont… At the end of the unit, students should be able to: identify the historical importance of maritime law define maritime law and understand its nature

Cont… ‘’a corpus of rules, concepts and legal practices governing certain centrally important concerns of the business of carrying goods and passengers by water’’. ‘’a complete system of law, both public and private, substantive and procedural, national and international’’.

Cont… ‘’the body of law governing marine commerce and navigation, and marine affairs in general; the rules governing contract, tort and workers’ compensation claims or relating to commerce on or over water’’.

Cont… the branch of jurisprudence that governs ships and shipping. As the law of ships, it regulates the nationality, ownership and registration of vessels. As the law of shipping, it governs the relationship between private entities which operate vessels on the oceans.

Cont… In other words, it governs maritime questions such as sea carriage, contract of affreightment, marine insurance, maritime lien and the like.

Cont… It is distinguished from another identical area of law –the law of the sea. The law of the sea is a branch of public international law which aims to regulate the relationship between states in respect of those areas of the sea and seabed subject to coastal state jurisdiction and beyond.

Cont… Whereas, maritime law/admiralty law is a body of private law that govern the legal relationships arising from the transportation of passengers and cargoes on the high seas and other navigable waters.

Cont… The principal parties affected by maritime law are the crew, the ship-owner, the cargo owner, and the marine insurer. Generally, maritime law could be understood as a body of domestic law governing the relationships between parties engaged in maritime commerce.

Cont… In most jurisdictions, maritime law applies to seawater only. Shipping activities in interior waterways are usually governed by a separate set of rules. There are, however, some countries that extend the scope of their maritime law to shipping activities in interior water bodies. In Scandinavian countries, for example, maritime law applies to shipping activities in all water bodies, including lakes, rivers, and canals.

Cont… From the foregoing discussion it is clear that maritime law is a domestic private law that, in most cases, aims to regulate shipping activities on seas. Though each nation’s maritime legislations have their own distinct features, the following remarks could be made on maritime laws in general:

1. International Nature Although regulated to a large extent by national legislation, maritime law in almost all jurisdictions is clearly shaped by international influences, in particular international conventions. This is due to the fact that shipping by its very nature involves international relations.

Cont… The ocean-going vessels flying the flag of a state operate in all waters throughout the world and sail from country to country. Vessels often are supplied and repaired in foreign ports. Cargo may be damaged or lost while at sea in the course of an international voyage or in a foreign port, and likewise seamen may be injured on the high seas or in the waters of foreign countries.

Cont… Maritime law is thus a specialized domestic law that cannot avoid international influences. This may in part be the reason why judges and lawyers who deal with maritime law consider themselves as specialists with an international background.

2. Comprehensiveness The second important characteristic of maritime law is its breadth. That maritime law is a complete legal system can be readily seen from its component parts.

Cont… maritime law has had its own law of contract-- of sale (of ships), of service (towage), of lease (chartering), of carriage (of goods by sea), of insurance (marine insurance), of hire (of masters and seamen), of compensation for sickness and personal injury (maintenance and cure) and risk distribution (general average).

Cont… It is and has been a national and an international law. Maritime law has and has had, as well, its own courts and procedures from earliest times.

Cont… maritime law seeks to regulate personal and property relationships as well as contractual relationships. The comprehensiveness of the law can also be seen in its administrative and few criminal provisions. In short, maritime law is a comprehensive system of law concerning maritime matters – both public and private, with the later forming the major part.

3. Special Legal Jargons The study of maritime law usually employs the use of complex jargons. Understanding the subject matter without first knowing such shipping terms may often be difficult. The presence of different jargons peculiar to this area of law may well be attributable to its unique development.

Cont… Charterparty: A charterparty is a contract of lease of a ship in whole or in part for a long or short period of time or for a particular voyage. Maritime lien: A secured claim against a ship (and sometimes against cargo ) in respect of services provided to the vessel or damages done by it

Cont… Salvage: Rendering assistance to ships at distress. Rules awarding such assistance have long been prescribed in various maritime nations.

Review Questions 1 What is maritime law? Are there different conceptions of maritime law? How do you explain the comprehensiveness of maritime law? What factors contributed to the development of unique legal jargons in maritime law? State the possible reasons for the existence of international influence on domestic maritime laws.