MARLAW
MARLAW
MARLAW
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 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 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.
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