Maritime Law
Maritime laws or Admiralty laws are the laws that cover all conventions, disputes, treaties, and matters such as shipping, navigations, rights of the seafarers or the issues or disputes occurring in the ocean. Maritime law came with the ancient civilisation of Egyptians, Greeks, and Romans as during that decade most trade was done using sea routes, so they can have their own rules and regulations. The earliest maritime law was The Rhodian Sea Law then came the next law The Consolato del Mare which almost covers all aspects of maritime trade such as shipping, rights, ownership etc. As the years passed by there has been a significant development in maritime law. In 1897, The International Maritime Committee came into force. The aim of this was to provide uniformity in the matters related to maritime activities which was taken over by IMO. “In 1948 United Nations established the International Maritime Organization (IMO). The original name of IMO when it was adopted as a convention was Inter-Governmental Maritime Consultative Organization later it was changed in 1982 to IMO.”[1] Many conventions support IMO: “The International Convention for the Safety of Life at Sea, The International Convention for the Prevention of Pollution from Ships, and The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.”[2]
United Nations Convention on the Law of the Sea 1982[3]
The United Nations Convention on the Law of the Sea 1982[4] (UNCLOS) deals with matters which concern the oceans and sea and it is also an international agreement which has a framework for maritime activities. It provides ideas for further framework also. “The Division for Ocean Affairs and the Law of the Sea (DOALOS) provides all information, and assistance for understanding the convention.”[5] The United Nations General Assembly in 2015 developed an internationally binding instrument under the United Nations Convention on the Law of the Sea[6] for the conservation and sustainability use of marine diversity in areas beyond national jurisdiction.”[7] “UNCLOS is known as the Law of the Sea.”[8] “This act divides the marine area into zones such as Territorial Sea, Internal Waters, Exclusive Economic Zone, Contiguous Zone and the High Seas. This convention provides rights and responsibilities in the five zones to the state. The baseline is the water line near the coast. The Internal waters are the waters on the landward side of the baseline, territorial sea extending up to twelve nautical miles from a state’s coastlines. The state can have their own rules and regulations within this zone. A contiguous zone means it is a zone between the territorial sea and the high seas and extends up to twenty-four nautical miles from its baseline. Exclusive Economic Zone is the zone that extends to two hundred nautical miles from its baseline. Under this zone each state has their own rules and regulations they can decide on matters related to trade etc.”[9]
Major Areas Covered by Maritime Law
The major areas of maritime law are shipping and navigations which cover regulations, operations, navigations, and construction of a ship. The next area is the maritime contracts which cover parties, bills of lading and marine insurance whereas marine environment protection aims at preventing and protecting marine biodiversity. Slaves and Treasures hunting in this aspect provide legal frameworks for rescuing and finding. Seafarers’ rights, privacy, and security which cover labour law, safety, the welfare of workers and the legal measures to ensure security. There are some legal rights as a seafarer and the laws which protect them are “The Longshore and Harbor Workers Compensation Act in this program those workers who got injured while working near the waters such as cargo vessel loading, worksite etc. The injuries covered in this act are disability, death, dislocations etc. The compensation is till when the worker is recovered, Maintenance and cure, Death on the High Seas Act gives compensation to family members of the workers and claiming this might be a little complex process., The Jones Act .”[10]
Flag State Principle: The Significance of a Ship’s National Registration
Every merchant ship has the right to register in whichever country they want, and they should follow that state’s rules and regulations. Each state’s maritime law has its own rules and regulations. Registration plays a significant role in their business such as purchase, trade etc. It is called the flag state principle because earlier flags were used to symbolise the nation so it could be easily identified which nation the ship belongs to. “If the ship is registered under the ship’s owner origin then it’s called flag state whereas if it’s registered under some other country other than the owner’s origin then it’s called flag of convenience(FOC).”[11] The flag of the state is important because if in case any dispute arises because of the ship’s nationality it can be solved and if any damages happen outside their jurisdiction then for that country it will be easy to refer to the flag state and come to a conclusion. “The International Safety Management Code should be followed by the responsible flag state. Flag states should always be cooperative with the other flag states for investigation etc. According to “UNCLOS”[12]Each flag state i,e, where it has been registered should ensure its ships comply with the marine laws and anti-pollution requirements”.[13] Flag state can be changed only if the owner has decided to move to some other state or has sold the ship.
CONCLUSION
Maritime Laws are important as there have been many trades or transfers happening through the seas and it also helps us to ensure that all the rules and regulations are proper so that in case a dispute arises between two states then it can be solved easily by checking the jurisdiction etc accordingly. Having maritime zones makes clear each of the region’s coastal rights and responsibilities, and they can work according to those laws. It also helps to ensure that maritime operations are conducted safely, satisfying both parties’ needs, etc. Maritime law has evolved according to the current needs and development and has earned a place in the international markets. These laws should be updated as the oceans are interconnected and there is a need for each region so that unnecessary disputes can be avoided.
Author(s) Name: Varsha Shankar (Saveetha School of Law, Chennai)
References-
[1]‘Brief History of IMO’,(International Maritime Organization, 2019) <https://www.imo.org/en/About/HistoryOfIMO/Pages/Default.aspx> accessed 17 July 2024
[2] Julia Karan, ‘What Is Maritime (aka Admiralty) Law, and Why Is It Important?’( Investopedia, 10 March 2024) <https://www.investopedia.com/terms/m/maritime-law.asp> accessed 17 July 2024
[3] United Nations Convention on the Law of the Sea 1982
[4] United Nations Convention on the Law of the Sea 1982
[5]. ‘United Nations Convention on the Law of the Sea’, ( International Maritime Organization, 2019) <https://www.imo.org/en/OurWork/Legal/Pages/UnitedNationsConventionOnTheLawOfTheSea.aspx#:~:text=The%20United%20Nations%20Convention%20on,the%20oceans%20and%20their%20resources. > accessed 18 July 2024
[6] United Nations Convention on the Law of the Sea 1982
[7]‘United Nations Convention on the Law of the Sea’, ( International Maritime Organization, 2019) <https://www.imo.org/en/OurWork/Legal/Pages/UnitedNationsConventionOnTheLawOfTheSea.aspx#:~:text=The%20United%20Nations%20Convention%20on,the%20oceans%20and%20their%20resources. > accessed 18 July 2024
[8] ‘United Nations Convention on the Law of the Sea, (UNCLOS)’( BYJU’S) <https://byjus.com/free-ias-prep/unclos/. >Accessed 18 July 2024
[9]‘UNCLOS’, (Dristi IAS, 15 December 2021 ) <https://www.drishtiias.com/daily-news-analysis/unclos-1> accessed 18 July 2024
[10] ‘Your Legal Rights as a Seaman – a Seaman’s Legal Guide to Maritime Law’,(Schechter Schaffer & Harris, 21 September 2020) <https://maintenanceandcure.com/maritime-blog/types-of-maritime-laws/> accessed 18 July 2024
[11] Karan C, ‘What are Flag States in the Shipping Industry And What’s Their Role?’,(Marine Insight, 09 June 2021) <https://www.marineinsight.com/maritime-law/what-are-flag-states-in-the-shipping-industry-2/> accessed 18 July 2024
[12] United Nations Convention on the Law of the Sea 1982
[13] Karan C, ‘What are Flag States in the Shipping Industry And What’s Their Role?’,(Marine Insight, 09 June 2021) <https://www.marineinsight.com/maritime-law/what-are-flag-states-in-the-shipping-industry-2/> accessed 18 July 2024
