Maritime law or Admiralty law?!
What Is Maritime Law?
Maritime law, also known as admiralty law, is a body of laws, conventions, and treaties that govern private maritime business and other nautical matters, such as shipping or offenses occurring on open water. International rules, governing the use of the oceans and seas, are known as the Law of the Sea.Understanding Maritime Law
In most developed nations, maritime law follows a separate code and is an independent jurisdiction from national laws. The United Nations (UN), through the International Maritime Organization (IMO), has issued numerous conventions that can be enforced by the navies and coast guards of countries that have signed the treaty outlining these rules. Maritime law governs many of the insurance claims relating to ships and cargo; civil matters between shipowners, seamen, and passengers; and piracy.
Additionally, maritime law regulates registration, license, and inspection procedures for ships and shipping contracts; maritime insurance; and the carriage of goods and passengers. The IMO (established in 1948 as the Inter-Governmental Maritime Consultative Organization, and coming into force in 1958) is responsible for ensuring that existing international maritime conventions are kept up to date, as well as developing new agreements as and when the need arises.
Today, there are dozens of conventions regulating all aspects of maritime commerce and transport. The IMO names three conventions as its core:
The International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers
Admiralty law or maritime law is the distinct body of law (both substantive and procedural) governing navigation and shipping. … American admiralty law formerly applied only to American tidal waters. It now extends to any waters navigable within the United States for interstate or foreign commerce.
The major difference between a maritime law court and a common law court would be the fact that admiralty law courts conduct trials without any jury. The admiralty judges only apply the maritime laws, whereas the common law is not restricted to only one aspect of law. What is the main difference between Maritime Law and Common Law? Perhaps the most salient difference between maritime and common law courts lies in the fact that admiralty judges only apply general maritime law and conduct trials without juries.
Maritime law used to apply only to American waters within the ebb and flow of the tide. However, it now covers any waters navigable within the United States for interstate or foreign commerce. … Therefore, maritime cases are primarily heard in the federal courts, and the federal maritime law applies. The US Constitution gives power to the federal district courts to hear admiralty cases. Under a 1789 act of Congress, state courts were authorized to decide many, but not all, types of maritime cases. … Whether a case falls within admiralty jurisdiction must be determined by the court.
The constitutional United States flag signifies common law jurisdiction. The fringe denotes Admiralty law’s jurisdiction. … The gold-fringed United States flag is the War flag which denotes Admiralty or martial law.
Admiralty Flag (Lord High Admiral’s Flag). It is made of bunting; the fabric is a wool/synthetic blend with the anchor applied in cotton cambric. The flag is machine-sewn, a rope and two Inglefield clips are attached for hoisting. Inscribed on the hoist is ‘LORD HIGH ADMIRAL 571-4390 12 BDS’.
While maritime law covers issues that happen at sea, it also covers land-based commercial activities that are maritime in character. … Maritime law also applies to marine insurance, which protects against things like cargo losses and damage to ships and cargo vessels.
What is admiralty claim?
any claim for the forfeiture or condemnation of a ship or if goods which are being or have been carried, or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure, or for droits of Admiralty.
Examples include commercial accidents resulting in damage to vessels and cargo, seamen injuries, and hazardous material spills. Maritime law can also apply to piracy and criminal activity, liens against a ship, wake damage, and towage contracts. … The shipping of cargo is the primary activity conducted in the open ocean.
It covers a broad spectrum of matters such as the development of legislation, both nationally and internationally; customs and excise regulations; the fishing industry; human rights and employment issues usually relating to the crew; insurance claims; property damage; the implications of stowaways on vessels; pollution … .
Where Does Maritime Law Apply? For the United States, maritime law applies for occurrences on navigable waters. These have been defined as any waters which are used for trade, travel or commerce between states or foreign nations. This includes the high seas, harbors, bays, inlets and rivers that run between states.
What are the four fundamentals of maritime law?
International maritime law stands on four strong pillars, namely Law of Sovereignty of Nations, Law of Freedom of the High seas, Law of Freedom of Contract and Legal Personality of a Ship. Each country is sovereign within is own political boundries, in which its laws apply.
Federal Maritime Law Only Applies to Navigable Waterways and Lakes. Federal maritime law applies to cases resulting from accidents that occur on navigable waters.