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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 League. In southern Italy the Ordinamenta et
consuetudo maris (1063) at
Trani and the Amalfian
Laws were in eect from an
early date.
Bracton noted further that
admiralty law was also used
as an alternative to the
common law in Norman
England, which previously
required
voluntary
submission to it by entering
a plea seeking judgment
from the court.[1]
Islamic law also made major
contributions
to
international admiralty law,[2]
departing from the previous
Roman
and
Byzantine
maritime laws in several
ways.
These
included
Muslim sailors being paid a
fixed wage in advance
with an understanding that
they would owe money in
the event of desertion or
malfeasance, in keep-ing
with Islamic conventions in
which contracts should
specify a known fee for a
known duration. (In con-
maritime
venture,
paid
proportional
rank,
voyages
only
after
successful
navigation,
or
2
In 1787 John Adams, who was then ambassador to France, wrote to James Madison
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 ad-miralty] and not by the laws of Nations [i.e. not by the law of admiralty]". The result
was the Seventh Amend-ment to the U.S. Constitution. Alexander Hamilton and John Adams
were both admiralty lawyers and Adams rep-resented John Hancock in an admiralty case in
colonial Boston involving seizure of one of Hancocks 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 bench.
2
lines must usually be brought within one year because of limitations con-tained 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 passen-ger tickets also have provisions
requiring that suit to be brought in either Miami or Seattle.
2.3 Maritime liens and mortgages
See also: Maritime lien
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 lien 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, except for under the reverse-Erie doctrine whereby state courts can apply fed-eral law.
2.4 Salvage and treasure salvage
See also: Marine 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 com-mencement of salvage operations and the amount that
the salvor is paid is determined by the contract. The most common salvage contract is called a
"Lloyds Open Form Salvage Contract".
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 sal-vage 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 ex-poses 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 loworder salvage include towing another vessel in calm seas, supplying a vessel with fuel, or
pulling a vessel o a sand bar. Salvors perform-ing high order salvage receive substantially
greater sal-vage 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 prop-erty saved. If nothing is saved, or if additional damage is done, there
will be no award. The other factors to be con-sidered are the skills of the salvor, the peril to
which the salvaged property was exposed, the value of the property which was risked in
eecting the salvage, the amount of time and money expended in the salvage operation etc.
A pure or merit salvage award will seldom exceed 50 per-cent 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 Main (such as
Nuestra Seora de Atocha in the Florida Keys) are the most commonly thought of type of
treasure sal-vage, other types of ships including German submarines from World War II
which can hold valuable historical ar-tifacts, American Civil War ships (the USS Maple Leaf
in the St. Johns River, and the CSS Virginia in Chesapeake Bay), and sunken merchant ships
(the SS Central Amer-ica o Cape Hatteras) have all been the subject of trea-sure 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.
3
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 Comit
Maritime International (International Mar-itime Committee or CMI). Founded in 1897, the
CMI was responsible for the drafting of numerous interna-tional conventions including the
Hague Rules (Interna-tional Convention on Bills of Lading), the Visby Amend-ments
(amending the Hague Rules), the Salvage Conven-tion and many others. While the CMI
continues to func-tion in an advisory capacity, many of its functions have been taken over by
the International Maritime Organiza-tion, which was established by the United Nations in
1958 but did not become truly eective until about 1974.
The IMO has prepared numerous international con-ventions concerning maritime safety
including the International Convention for the Safety of Life at Sea
3
(SOLAS), the Standards for Training, Certification, and Watchkeeping (STCW), the
International Regula-tions for Preventing Collisions at Sea (Collision Regu-lations 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 Sea (UNCLOS) defined a treaty regarding protection of the
marine environment and various maritime boundaries.
Once adopted, the international conventions are enforced by the individual nations which are
signatories, either through their local Coast Guards, or through their courts.
4 Piracy
4
whether registered or not, and wherever the residence or domicile or their owners may be. A
vessel is usually ar-rested by the court to retain jurisdiction. State-owned vessels are usually
immune from arrest.
5.1 Canada
Main article: Canadian maritime law
5 INDIVIDUAL COUNTRIES
Limitation of Shipowners Liability, Vessel Arrests in Rem,
Property arrests Quasi in Rem, Salvage cases, and
Petitory and Possession Actions.
Canadian jurisdiction in the area of Navigation and Shipping is vested in the Parliament of
Canada by virtue of s. 91(10) of the Constitution Act, 1867.
Canada has adopted an expansive definition of its mar-itime law, which goes beyond
traditional admiralty law. The original English admiralty jurisdiction was called wet, as it
concerned itself with things done at sea, in-cluding collisions, salvage and the work of
mariners, and contracts and torts performed at sea. Canadian law has added dry jurisdiction
to this field, which includes such matters as:
stevedoring,
marine insurance,
warehousing and security services, contracts of agency, and
contracts of carriage.
This list is not exhaustive of the subject matter.[6]
Canadian jurisdiction was originally consolidated in 1891, with subsequent expansions in
1934 following the passage of the Statute of Westminster 1931, and in 1971 with the
extension to dry matters.[7]
Recent jurisprudence at the Supreme Court of Canada has tended to expand the maritime law
power, thus over-riding prior provincial laws based on the provinces power over property
and civil rights.[8]
5.2 United States
Main article: United States admiralty law
5.2.1 Jurisdiction
Article III, Section 2 of the United States Constitution grants original jurisdiction to U.S.
federal courts over ad-miralty and maritime matters; however, that jurisdiction is not
exclusive, and most maritime cases can be heard in either state or federal courts under the
a shipowner is liable for cargo damaged from hook to hook, meaning from loading to
discharge, unless it is ex-onerated under one of 17 exceptions to liability, such as an "act of
God", the inherent nature of the goods, errors in navigation, 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 un-seaworthiness, and
the Jones Act. The principle of main-tenance and cure requires a shipowner to both pay for an
injured seamans medical treatment until maximum med-ical recovery (MMR) is obtained
and provide basic living expenses until completion of the voyage, even if the sea-man is no
longer aboard ship.
6
There are several universities that oer maritime law pro-grams. What follows is a partial list
of universities oer-ing postgraduate maritime courses:
Canada
Dalhousie Law School - LL.M in marine and environmental law
France
Panthon-Assas University LL.M in interna-tional, business or private law with
marine law courses[12]
University of Western Brittany in Brest - LL.M in marine law [13]
Germany
University of Hamburg with Max Planck Insti-tute for Comparative and
International Private Law - PhD in maritime law
Malaysia
Universiti Teknologi Mara - LL.M in Legal Aspects of Marine Aairs
Malta
International Maritime Law Institute - LL.M in International Maritime Law
Netherlands
Erasmus University Rotterdam - LL.M. in Business, Corporate, and Maritime Law;
Mas-ter of Science (M.Sc.) In Maritime Economics and Logistics (MEL)
5
Norway
University of Oslo (Scandinavian Institute of Maritime Law) - LL.M in maritime law
University of Oslo - Master of Laws in Mar-itime Law [14]
Singapore
National University of Singapore - LL.M in maritime law (Graduate Diploma in
Maritime Law and Arbitration International Maritime Organization)
South Africa
University of Cape Town - Masters in Mar-itime Law
Spain
Comillas Pontifical University - Master
in Maritime Business and Maritime Law
(ICADE - Spanish Maritime Institute)
University of Deusto - Master in Maritime En-terprise Management and Maritime Law
Sweden
Lund University - LL.M in maritime law
World Maritime University Master of Science in Maritime Aairs (Maritime Law and
Pol-icy)
Thailand
Thammasat University - LL.M. in interna-tional trade law
United Kingdom
Bangor University - LL.M. in Maritime Law and LL.M. in Law of the Sea
City University London - LL.M in Maritime Law
Lloyds Maritime Academy - Foundation Diploma in Admiralty Law and Practice
London Metropolitan University - LL.M. in International Trade, Transport & Maritime
Law
Plymouth University - LLM Maritime and Marine Law, LLM Maritime and Marine
Law and Practice
Queen Mary, University of London - LLM in International Shipping Law
Swansea University (Institute of International Shipping and Trade Law) - LL.M. in
commer-cial and maritime law
University of Bristol - LL.M. in maritime law
6
University College London - LL.M. in mar-itime law
University of Hertfordshire - LL.M. in mar-itime law
University of Nottingham - LL.M. in maritime law
University of Southampton School of Law (In-stitute of Maritime Law) - LLB
(Maritime Law) and LL.M Maritime Law
United States
Florida Coastal School of Law - LL.M. in Lo-gistics and Transportation Law
St. Thomas University School of Law
Tulane University Law School - LL.M in ad-miralty & JD with a Certificate of
Specializa-tion in Admiralty & Maritime Law[15]
University of Miami Law School - LL.M in Ocean and Coastal Law
William S. Richardson School of Law Univer-sity of Hawaii - LL.M. in Ocean Law
and Policy [16]
9 EXTERNAL LINKS
[4] See the Stamp Act, March 22, 1765, D. Pickering, Statutes at Large, Vol. XXVI, p. 179
(clause LVII re-lates to jurisdiction in admiralty).
[5] NATO Shipping Centre (www.shipping.nato.int)
[6] John G. O'Connor (2004-11-05). Why the Full Extent of the Admiralty Jurisdiction of
the Federal Courts has yet to be explored (PDF). Retrieved 2011-09-27.
[7] John G. O'Connor (2011-10-28). Admiralty Jurisdiction and Canadian Maritime Law in
the Federal Courts: The next forty years (PDF). Retrieved 2012-05-25.
[8] Christopher J. Giaschi (2000-10-03). The Constitutional implications of Ordon v. Grail
and the expanding defini-tion of Canadian maritime law. Retrieved 2012-01-10.
[9] 28 U.S.C. 1333
[10]
[11]
[12]
[13]
Retrieved on 2013-08-02.
[14]
7
See also
Admiralty
Admiralty court Amalfian Laws
Barratry (admiralty law) Declaration of London General average
Prize
United Nations Convention on the Law of the Sea Consulate of the Sea
8
References
External links
Admiralty and Maritime Law Guide
Westminster International Maritime Security and the ISPS Code
LII: Law about... Admiralty Law of the Sea at the UN web
Marine Aairs Institute at Roger Williams Univer-sity School of Law
Tetleys maritime & admiralty law US Maritime Law
The Maritime Law Blog
7
10 Text and image sources, contributors, and licenses
10.1
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Admiralty
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