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GROUP ALPHA

Discuss the Important


Things of Maritime Law
Members:
Acquiatan, Carl Miguel Alcantara
Agurilla, Jhon Micheal Delacruz
Balderas, Carl John
Bausas, Carlo G
Bautista, John Angelo Cantre
Broas, Jaspher Niel Bulacan
Discuss the Maritime Law history and its
important to Shipping Industry
Maritime law is also known as admiralty law. It is a body of laws,
conventions, and treaties that govern private maritime business and
other nautical matters, like shipping or offences and disputes. These
laws are not limited to the transportation of goods or people’s.

The Importance of Maritime Law

Criminal law, family law, even laws regarding freedom of speech, are
laws which we are greatly accustomed to. What happens though when
it comes to incidents that take place while at sea? These laws are
surely not like the ones we are used to. They specifically govern any
nautical issues occurring on open water, and they belong in maritime
law.are
The Origins Of Maritime Law

Specifically, these laws are referred to as maritime laws. They go way back to
the ancient times when transportation of goods and people by water was one
of the most ancient types of commerce. The early Egyptians, Phoenicians and
Greeks, carried an extensive commerce in the Mediterranean Sea. It was back
then that the need to create maritime rules developed. It is said that the
oldest maritime code in the book was created in the island of Rhodes, Greece.
According to Marine Insight, Jones Act passed in 1920, refers to maritime law
for workers and marked a very important event in maritime history. The
initiative was set to empower American seamen, as before this they had no
protection or rights for that matter.
Shipping Law
Responding to the need for maritime law knowledge, SafeLearn developed
two shipping law courses for seafarers:
German Shipping Law, created for non-German officers who are onboard ships flying
the German flag.
SafeLearn is authorised by the Federal Maritime and Hydrographic Agency (BSH) and
by the Federal Ministry of Transport and Digital Infrastructure (BMVI). It is approved
to provide approved training and qualifying examinations for German Maritime Law
as per § 21/2 of the Ships Officers’ Training Regulations.
UKLAP Grade 2, developed for non-UK ship officers working on vessels registered in
the UK.
As an MCA approved exam centre of UKLAP in Germany, SafeLearn has the
knowledge and expertise to develop the UK Legal and Administrative Processes
(UKLAP) Grade 2 course and deliver it to the highest e-learning standards, thus
enhancing the learning experience of the end-user.
Introduction of Maritime Laws

MARITIME LAW INTRODUCTION


Unless you are a maritime worker or a member of the boating community, you may not
realize that injuries and accidents occurring on navigable waters are subject to a
different set of laws than those incidents that occur on land. The maritime lawyers at
Madalon Law can help you to understand and navigate the complexities of admiralty
and maritime law to obtain compensation for damages suffered while participating in
maritime activities.

Maritime law is the private law of navigation and shipping. It is a special set of rules
governing contract, tort (such as personal injury), and workers’-compensation claims
arising from injuries sustained on or over navigable water. This can include incidents that
occur on inland waters or at sea. Maritime law regulates such things as shipping,
navigation, recreational boating, towing, and commerce on both domestic and
international waters. This includes natural seas, lakes, and waterways as well as man-
made navigable waters such as canals.
Under maritime law, both crew members and passengers on a vessel are
entitled to seek compensation for any injuries that occur there. Damages may
include lost wages, medical expenses, and even emotional damages. Many
injuries which occur on land but are in some way related to work on marine
vessels (or cruise activities) are also within admiralty jurisdiction.
The federal law of admiralty applies to all maritime claims. The “saving to
suitors” clause allows parties to bring most maritime cases such as cargo
damage, personal injury, and marine vessel collisions to either federal or state
court, but the states must still abide by admiralty law in these cases.
MARITIME LAW AND MARITIME EMPLOYEES
Generally, injured parties do not have a right to trial by jury in U.S. admiralty
cases. If a personal injury claim is brought by a seaman or maritime worker
against an employer or ship owner, however, the Jones Act (also called the
Merchant Marine Act) permits jury trials, so these claims may be tried in
state courts before juries.
Under maritime law, maritime workers who are injured on the job on ship may
receive compensation for their injuries. A ship owner may be held liable for
injuries under the Doctrine of Unseaworthiness if the vessel or appliances on it
are in any way unseaworthy and caused the injuries.

The Principle of Maintenance and Cure is the maritime equivalent to worker’s


compensation. This element of maritime law requires a ship’s owner or employer
to compensate a seaman injured on-board for necessary medical care as well as
basic living expenses – regardless of who is at fault for the injury. Although not
all maritime workers qualify as “seamen” for legal purposes, another element of
maritime law, the Longshore and Harbor Workers’ Compensation Act, provides
similar protections for maritime workers whose jobs are related to shipping on
navigable waters but who do not work the required percentage of time onboard
a vessel to be considered seamen.
MARITIME LAW AND PASSENGERS
Many maritime legal cases involve injuries sustained by passengers on vessels
such as cruise ships, charter boats, ferries, and personal watercraft. Owners of
these vessels must exercise reasonable care when transporting passengers. If a
ship owner’s negligence causes injury, passengers may sue for damages. In
general, these suits must be brought within three years, but many cruise lines
have fine print on passenger tickets that requires cases between the cruise line
and its passengers to be heard under Florida law, which has only a one year
statute of limitations. Most cruise line passenger tickets also require that suit
be brought in either Miami or Seattle.
If you have suffered injury or loss of a loved one due to an accident on a ship,
boat, or while diving, you may be able to receive compensation from the
owners of the vessel, dock or marina where you sustained the injury. You may
collect damages for medical expenses, pain and suffering, and lost earnings.
CONTACT A MARITIME LAWYER TODAY
At Madalon Law, we take every maritime accident seriously, and will work
diligently to get you the compensation to which you are entitled. Madalon Law
handles cases for the entire State of Florida, Texas, Louisiana, Alabama and
Mississippi.
History of Maritime Law

The origins of maritime law can be traced all the way back to ancient Egypt. In those
days, ships were used to transport goods and a clearly defined set of rules was
needed to ensure safety and fair trade and settle disputes between different parties.
However, it wasn’t until much later that the first written record of formal codes can
be found. The Rhodian Sea Laws, formed between 900 and 300 B.C., set official rules
for the Mediterranean Sea. These laws governed seafaring trade in the area,
influenced the Romans and remained in effect for a very long time.
The oldest maritime laws on record were reportedly created on the island of Rhodes,
Greece.
European maritime laws gradually evolved over the following centuries. Key
developments that helped to shape current laws included the Consulate of the Sea,
the Rolls of Oléron, and the early English Admiralty laws, which would later help to
shape the laws of the sea in the U.S.
Maritime law arrived in the U.S. in the 1600s. However, it wasn’t until 1789 that
The History of International Maritime Law
While there were unwritten customs of maritime behavior among the
Egyptians, Greeks, and Phoenicians, the earliest formal codes were
established on the island of Rhodes as early as 900 BC, and the law continues
to evolve into the modern-day.

The Rhodian Sea Laws


The origin of this set of rules for the Mediterranean Sea began forming
approximately 900 BC and was well established by 300 BC, governing seafaring
trade and conduct in the area. It influenced Roman law from that point until
1200 AD. The Rhodian Sea Laws established a uniform standard for the
treatment of merchant ships as they moved from port to port, and it
introduced the concept that disputes arising at sea must be decided by “the
maritime law of the Rhodians”1 rather than in local courts or councils.
DISCUSS THE MARITIME LAW AND HOW IMO WAS
APART OF MAKING LAW AT SEA

IMO is primarily concerned with the safety of shipping and the prevention of marine
pollution, but the Organization has also introduced regulations covering liability and
compensation for damage, such as pollution, caused by ships.

The Torrey Canyon disaster of 1967, which led to an intensification of IMO’s technical
work in preventing pollution, was also the catalyst for work on liability and compensation.
An ad hoc Legal Committee was established to deal with the legal issues raised by the
world’s first major tanker disaster and the Committee soon became a permanent
subsidiary organ of the IMO Council, meeting twice a year to deal with any legal issues
raised at IMO.

The United Nations Convention on the Law of the Sea covers some issues not regulated
under IMO treaty instruments – for example, the jurisdictional power of the coastal State.
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.
KEY TAKEAWAYS
Maritime law governs private maritime questions, disputes, or offenses and
other nautical matters.
In most developed countries, the maritime law follows a separate code and is an
independent jurisdiction from national laws.
The International Maritime Organization, or IMO, ensures that existing
international maritime conventions are kept up to date and develops new
agreements when the need arises.
DISCUSS THE SIGNIFICANCE PROVISION OF THE SOLAS CONVENTION

The International Convention for the Safety of Life at Sea (SOLAS) is an international
treaty that sets minimum safety standards for ships engaged in international voyages.
The convention was first adopted in 1914 and has been updated several times since
then, most recently in 2020. The significant provisions of the SOLAS convention include:

1. Ship design and construction: The convention sets out requirements for the design,
construction, and equipment of ships, including standards for stability, fire protection,
and lifesaving equipment. This ensures that ships are built to withstand the rigors of the
sea and that they have the necessary safety features to protect passengers and crew.
2. Safety management: The convention requires ships to have a safety management
system (SMS) in place to ensure that safety is integrated into all aspects of ship
operations.
3. Navigation: The convention sets out requirements for the navigation of ships,
including the use of navigation equipment and the training of navigation personnel.
4. Emergency preparedness and response: The convention requires ships
to have emergency plans in place, including procedures for responding to
accidents and incidents at sea. This helps to ensure that ships are
prepared for emergencies and can respond quickly and effectively to
protect the safety of passengers and crew.
5. Carriage of dangerous goods: The convention sets out requirements for
the carriage of dangerous goods, including the proper labeling, stowage,
and handling of such goods. This helps to prevent accidents and protect
the safety of passengers and crew.
6. Port state control: The convention requires ships to be inspected by
port state authorities to ensure that they comply with the convention’s
requirements. This helps to ensure that ships are maintained to the
required standards and that they are safe to operate.
International Convention on Load Lines

Adoption: 5 April 1966; Entry into force: 21 July 1968


It has long been recognized that limitations on the draught to which a ship may be loaded make
a significant contribution to her safety. These limits are given in the form of freeboards, which
constitute, besides external weathertight and watertight integrity, the main objective of the
Convention.
The first International Convention on Load Lines, adopted in 1930, was based on the principle of
reserve buoyancy, although it was recognized then that the freeboard should also ensure
adequate stability and avoid excessive stress on the ship’s hull as a result of overloperiod
In the 1966 Load Lines convention, adopted by IMO, provisions are made for determining the
freeboard of ships by subdivision and damage stability calculations.
The regulations take into account the potential hazards present in different zones and different
seasons. The technical annex contains several additional safety measures concerning doors,
freeing ports, hatchways and other items. The main purpose of these measures is to ensure the
watertight integrity of ships’ hulls below the freeboard deck.
All assigned load lines must be marked amidships on each side of the ship, together with the
deck line. Ships intended for the carriage of timber deck cargo are assigned a smaller freeboard
as the deck cargo provides protection against the impact of waves
The Convention includes three annexes.
Annex I is divided into four Chapters:
Chapter I – General;
Chapter II – Conditions of assignment of freeboard;
Chapter III – Freeboards;
Chapter IV – Special requirements for ships assigned timber freeboards.
Annex II covers Zones, areas and seasonal periods.
Annex III contains certificates, including the International Load Line
Certificate.
Various amendments were adopted in 1971, 1975, 1979, and 1983 but they
required positive acceptance by two-thirds of Parties and never came into force.
The 1988 Protocol, adopted in November 1988, entered into force on 3
February 2000. As well as harmonizing the Convention’s survey and certification
requirement with those contained in the SOLAS and MARPOL conventions, the
1988 Protocol revised certain regulations in the technical Annexes to the Load
Lines Convention and introduced the tacit amendment procedure, so that
amendments adopted will enter into force six months after the deemed date of
acceptance unless they are rejected by one-third of Parties. Usually, the date
from adoption to deemed acceptance is two years.
QUESTIONS:
• What is Maritime Law?
• Where is the oldest maritime laws record were reported?
• Give 2 significance provision of the SOLAS Convention
• Where if the origins of maritime law can be traced?
• It is the maritime equivalent to worker’s compensation
Answers:
• also known as admiralty law, is a body of laws, conventions,
and treaties that govern private maritime business and other nautical
matters
• the island of Rhodes, Greece
• Ship design and construction, Safety management,
Navigation, Emergency preparedness and response, Carriage of
dangerous goods, and Port state Control
• all the way back to ancient Egypt
• The Principle of Maintenance and Cure

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