Maritime Law and International Law of the Sea

MARITIME LAW

  • Also known as Admiralty Law; governs nautical issues and private maritime disputes.

  • Consists of domestic laws and private international law (conflict of laws in the US and Canada).

  • Key concepts: Jurisdiction, Foreign judgments, Choice of Law, Common in contract law.

LAW OF THE SEA

  • Section of maritime law that concerns public international law.

  • Deals with navigational and mineral rights, coastal jurisdiction, and international maritime ties.

  • Major treaty: UNCLOS (United Nations Convention on the Law of the Sea); disputes adjudicated at ITLOS.

ADMIRALTY LAW

  • Encompasses elements such as marine commerce, pollution, seafarers’ rights, and contracts.

  • Wet Law vs. Dry Law: wet law pertains to maritime issues while dry law covers land-based ones.

  • Maritime Labor Convention (MLC) covers shipworker conditions, is considered dry law, and the US is not a party.

  • Doctrine of Maintenance and Cure requires shipowners to provide medical care and living expenses for injured seamen.

PERSONAL INJURY IN ADMIRALTY

  • Shipowners must exercise reasonable care. Liability established under English law for negligence.

  • Claims must be made within specific time frames: typically 3 years; 1 year for cruise ships; sometimes 6 months.

MARITIME LIENS

  • Concerns claims against a ship for services or injuries.

  • Maritime liens attach to property and survive ownership changes; they take precedence over non-maritime liens.

  • Different types: jus in re (rights on property) and jus in rem (rights against property).

MARINE SALVAGE

  • Involves recovery of ship/cargo post-casualty.

  • Salvors must prove the vessel was in peril; can earn compensation based on valuation of salvaged property.

  • Governs issues like voluntary assistance and environmental hazard prevention since the 1989 Convention.

UNCLOS

  • Establishes maritime boundaries, rights, and responsibilities on a global scale.

  • Key areas include territorial seas (up to 12 nautical miles) and Exclusive Economic Zones (EEZs) extending 200 nautical miles.

  • Protects maritime resources and scientific research; promotes cooperative governance of high seas.

PIRACY LAW

  • Defined by illegal acts of violence at sea, distinctions made for high seas and EEZ.

  • The Two Ship Principle applies; piracy must involve two vessels, ruling out acts committed for political motives.