Maritime Law: National Waters And Beyond

Maritime law, also known as admiralty law, is a distinct legal framework that governs activities on the high seas and in areas of open ocean beyond any one country's waters. It also applies to a country's territorial waters, which extend 12 nautical miles offshore from its baseline. This law covers a wide range of issues, from commercial shipping and ocean-based activities to passenger transportation via waterways. It defines the rights and responsibilities of those involved in maritime trade and transportation, such as passengers, crew, and shipowners. In most countries, maritime law operates separately from other national legal systems, providing clear rules for all maritime activity.

Marine insurance

The fundamental principles of marine insurance are outlined in the Marine Insurance Act, 1963. This act defines insurable interest, requiring a physical object exposed to marine perils and a legal relationship between the insured and the object. The contract of marine insurance is based on principles such as indemnity, utmost good faith, proximate cause, subrogation, and contribution.

The history of marine insurance is fascinating. Separate marine insurance contracts were developed in Italian cities like Genoa and Camogli in the 14th century and later spread to northern Europe. The oldest known form of marine insurance is the institution of general average, where participants in a maritime venture contribute to losses incurred for the benefit of all. Over time, the London insurance market standardised policies and judicial precedents, further developing marine insurance law.

Today, marine insurance is a vital component of the global trade ecosystem, facilitating seamless trade and providing clear rules and regulations for maritime operations. It helps protect the rights of crew members and passengers, improve safety at sea, and minimise the environmental impact of maritime activities.

Navigable waters

The concept of navigable waters has evolved over time. Initially, it was believed to be confined to the limits of the "commerce clause" of the US Constitution. However, this is no longer the case, and the only limitations now are whether the body of water can be used for maritime commerce. This means that even small bodies of water, such as shallow streams that are traversable only by canoe, can be considered navigable waters.

The determination of whether a body of water is navigable can have significant legal implications, as it can impact the jurisdiction of admiralty law and the application of maritime regulations and laws.

Land-based commercial maritime activities

Loading and Unloading Cargo

Activities related to the loading and unloading of cargo onto and off ships are typically governed by maritime law, even when they take place on land. This is because cargo loading and unloading are critical to maritime commerce and can have a significant impact on the safety and efficiency of maritime operations.

Shipbuilding and Repair

The construction and repair of ships and vessels often fall under maritime law as well. These activities are integral to the maritime industry and require specialised knowledge and skills. Damages to a vessel during dry docking, for instance, would be covered by maritime law.

Harbor Operations

The operation of harbors, ports, and other facilities that facilitate maritime commerce are usually considered land-based commercial maritime activities. This includes the regulation of cargo, safety requirements for workers, personal injury claims, and shipping contracts.

Salvage and Towage

Salvage and towage operations require specialised knowledge and skills and can be risky and expensive. Therefore, they are also covered by maritime law.

Marine Insurance

Maritime law covers marine insurance policies, which protect against financial losses resulting from damage to or loss of a vessel, its cargo, or its crew.

It is important to note that while these activities generally fall under maritime law, the specific laws and regulations can vary from country to country. Additionally, in some countries, like the United States, maritime law is federal law, but individual states may also have laws that apply to activities on navigable waters, leading to complex legal considerations.

Personal injuries

Maritime law covers personal injuries sustained by workers on offshore oil rigs, cargo ships, cruise ships, and other vessels. It also covers injuries sustained during land-based commercial maritime activities, such as loading and unloading cargo, shipbuilding and repair, and any injuries sustained by shipyard, port, and dock workers.

The Jones Act provides workers with the ability to sue for negligence if hurt during the course of their employment while operating on navigable waters. The burden of proof in Jones Act cases is much lower than in typical personal injury cases. Workers only need to prove that their employer played a role, no matter how small, in causing the accident that led to their injuries. This includes failing to ensure equipment is up-to-date and working correctly, spills on the ship's deck, failure to train employees properly, and overworking employees. Damages under the Jones Act include lost wages, medical expenses, pain and suffering, and lost earning capacity.

The Longshore and Harbor Workers' Compensation Act (LHWCA) is a workers' compensation program that provides compensation to workers injured while working on or around navigable waters, such as loading and unloading cargo, repairing ships, or working on decks and piers. The LHWCA covers any worker employed in maritime occupations, including longshore workers, harbor workers, shipbreakers, and ship mechanics.

The Death on High Seas Act (DOHSA) applies to any maritime accident that happens more than three miles from the shores of the United States and its territories. It allows the estate of a deceased person to bring a wrongful death claim if the death was caused by negligence or default occurring on the high seas.

Accidents and disputes

Accidents

Maritime law covers accidents that occur on navigable waters, which include seas, lakes, rivers, and inland bodies of water. This means that any accidents that occur on these bodies of water during commercial or private maritime activities are subject to maritime law. For example, if a sailor or seaman is injured during work duty on a commercial fishing vessel, maritime law will apply.

Accidents that occur on land may not typically be subject to maritime law, but there are exceptions. If the accident occurs in a location directly connected to a navigable waterway, such as a harbour, port, or dock, then maritime law may apply. Additionally, if the accident is caused by an activity related to maritime commerce, such as loading and unloading cargo, then it may also fall under maritime law.

Some common types of maritime accidents include:

• Slip-and-fall accidents, caused by wet surfaces, poor construction, or equipment failure.
• Drowning accidents, which can occur to individuals on, near, or in the water.
• Dredging accidents, caused by the removal of sediment, debris, and other materials from a waterway, creating dangerous conditions.
• Electrocution accidents, due to the proximity of water and the presence of heavy machinery and utility infrastructure.
• Falling overboard accidents, where individuals on commercial ships risk falling off the vessel and drowning, hypothermia, or other related injuries.

Disputes

Disputes are also an important aspect of maritime law, which aims to reduce disputes and make their resolution easier. Maritime law defines and allocates responsibilities for the involved parties, providing a framework to resolve issues such as collisions and pollution.

Some examples of disputes that would fall under maritime law include:

• Contract disputes for the carriage of goods on a container ship.
• Property disputes, which are always held in a federal court.
• Disputes over insurance claims when cargo or ships are lost during a storm.
• Disputes related to personal injuries sustained by workers on offshore oil rigs or other maritime vessels.

Frequently asked questions