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Maritime Law (Admiralty Law)

Admiralty Law or Maritime Law or Boating Law is a governing body of law that controls and deals with matters concerning both domestic and international maritime activities. It comprises of both a domestic law pertaining to a country that singles out ocean activities within its borders as well as an international law controlling private entities that operate activities between navigable waters of the world.

Although each country, state offers its own legislation within its jurisdiction to cover all maritime affairs, recent years have seen a significant change in international law with numerous multilateral treaties allowing for one singular, accepted law.

Maritime law is complex in nature since it deals with countries adhering to different governing bodies. The law's significance lies in its ability to bind nations through a common language who are eager to discuss their barters at sea.

The law covers all aspects of traditional and commercial maritime activities and offenses, primarily including the ship owners, crew, insurers, cargo owners and charters. Lawsuits, which fall within the Maritime law recount stories of accidents at sea, salvage claims, marine pollution from oil spills, etc. However, core dimension of Maritime law concentrates mainly on significant transport activities.

Features of Maritime Law

Maritime Tort Lien
Maritime Tort Lien in Maritime Law refers to legal claims that arise due to maritime death and personal injuries where the wrongdoer is prosecuted in rem or in personam. In simple language, it is proprietary lien against the owner who is brought to book by taking action against him as a person (in personam) or against the vessel (in rem).

Maintenance and cure
It is obligatory on the ship-owner to provide medical care to his seamen free of charge (medical expenses and basic living expenses), in the course of his employment until the seaman reaches .actual condition. where is able to sustain himself through his work. The expenses may also cover attorney fees.

Personal Injuries to Passengers
Ship owners are responsible for passenger's life while they are ashore. If passengers are injured while aboard ship due to negligence of third-party, they are liable to file lawsuits against the ship owners within three years of the incident and one year for cruise liners due to limitations in the passenger ticket.

Salvage
The salvor is entitled to claim salvage award on the rescued property lost at sea. As seamen are expected to save people's lives on humanitarian grounds, there is no life salvage. Marine salvage encompasses of rescuing a vessel, cargo, ship, towing or repairing a ship. It also constitutes protection of environment and marine life from oil spills and other similar factors.

Important Maritime Acts:

Jones Act: Jones Act is an internationally accepted law passed in the United States in 1920. Officially known as the Merchant Marine Act, it is a very important law since it protects and safeguards the interests of the seamen in case they are injured or face compensation issues while on work. The law is named after Wesley Jones who was instrumental in getting it passed in the United States Congress.

Death on the High Seas Act (DOHSA): Death on the High Seas Act (DOHSA) takes on the responsibility of deceased seaman in case the cause of his death was a wrongful event occurred on the high seas. DOHSA provides for monetary benefits to the immediate members of the family including his/her spouse, parents, children or financially dependent relatives.

Longshoreman and Dock Workers Compensation Act (LHWCA): The Longshoreman and Harbor Workers Compensation Act (LHWCA) has been passed to ensure the interests of land based maritime workers. The act covers compensation provision for workers including medical expenses, wage reimbursements, and rehabilitation for injured workers.

The Role of an Maritime Law Firm

Maritime Law Firms are established to serve the interests of seamen by protecting their legal rights in various areas. Typically, these interest areas cover personal injury, medical ailments due to hazards of the maritime industry, product liability, negligence, compensation, wrongful death and probate. More often than not ship owners are prejudiced towards their employees and their medical needs. Therefore, legal counsel and lawsuits relating to medical malpractice, and negligence are regulars for law firms. Other matters of major concern, which these firms specialize in, are maritime contracts, negotiations, drafting and litigations, vessel financing, dispute resolutions and insurance coverage options.

Pirate Activity:

Piracy is a major issue haunting countries that have tons of cargo at risk from pirates looming in the sea. Recent cases of Piracy in Somalia and Strait of Malacca have indicated increasing danger and implementation of strict legal measures. The best measure is to avoid them through advanced technology like radars. Merchant vessels need to keep themselves armed while they should protect their ships using high protection vessel boarding systems. NATO Shipping Centre and the Maritime Security Centre Horn-of-Africa approve these self-protective measures.