What is Maritime Law?
Maritime law is the practice of law as it pertains to the business of shipping and navigation across bodies of water. It is often referred to as admiralty law. Maritime law is defined by a large compendium of rules, regulations, covenants, treaties, and other articles of law that govern the different issues that may arise aboard a vessel or at sea.
Although in maritime law there is a high potential for the application and consideration of public international law, it is important to distinguish the practice of maritime law from the Law of the Sea, a United Nations Convention signed in 1982 that deals with sovereign matters between nations and their use of the oceans.
History
The practice of law as it applies to maritime affairs has a long history that dates back to Roman times. A tome found within the body of ancient Byzantine Laws coded sometime between the sixth and eighth centuries deals with matters such as: the conduct of sailors, how profits must be shared among the crew, and liability in cases of theft or damage. While other civilizations and cultures made their own contributions to maritime law, it was the establishment of admiralty courts in France and England shortly after the Crusades that is considered to be the most influential in developing today’s practice.
American Maritime Law
In the United States, maritime law has been practiced since the early days of the nation. In fact, one of the reasons the Seventh Amendment to the Constitution was enacted to make a clear distinction between the laws of the land and the law of the sea. Some of the founding fathers such as John Adams and Alexander Hamilton practiced admiralty law prior to their ascension to the political arena.
Jurisdiction over maritime law in the United States is constitutionally granted to federal courts, though applicability of state laws in admiralty law cases exists. Certain cases such as ship arrest (whereupon a vessel, its cargo and crew can be seized and held by a lawful authority) are required to be brought to federal court. Any other cases involving damages, injury, collisions, liens, piracy, torts, claims, etc., may be tried in either state or federal courts.
The Jones Act is a legal staple of admiralty law. Also known as the Merchant Marine Act of 1920, it deals with a variety of maritime issues. One of the most important provisions of the Jones Act is that it allows injured crew members to collect rightful compensation from vessel owners in case of injuries.
Maritime law is a highly nuanced area of law that demands legal representation by someone experienced in the field. If you have been hurt or injured at sea, always seek the assistance of an experienced maritime injury attorney, such as those at The Young Firm.
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