SHIPPING, ADMIRALTY & MARITIME LAWS
MEANING, SCOPE & GLOBAL PRACTICE
By Shahreyar Osmani | Osmani Law Associates
What Is Admiralty, Maritime & Shipping Law?
Admiralty Law, also known as Maritime Law, is a specialized body of national and international law governing Shipping, Navigation, Vessels, Maritime Contracts, Cargo, Seafarers, Passengers, Collisions, and offenses occurring on Navigable Waters.
Originally focused on oceanic trade, Modern Maritime Law now applies to Seas, Rivers, Lakes, Ports, and International Waterways, regulating interactions between Ships, Shipowners, Crew, Charterers, Insurers, and Passengers.
Admiralty and Shipping Law primarily covers:
-
Shipowners’ obligations
-
Rights of seafarers and passengers
-
Maritime contracts and torts
-
Cargo claims and vessel operations
-
Maritime casualties and pollution
How Admiralty & Maritime Law Operates Internationally
In most jurisdictions, maritime law operates as an independent legal regime, separate from domestic civil or criminal law. It is heavily influenced by international conventions, treaties, and customary maritime practices.
The United Nations, through the International Maritime Organization (IMO), plays a central role in developing and enforcing global shipping regulations. These conventions are implemented by navies, port authorities, coast guards, and maritime courts of member states.
Maritime law regulates:
-
Ship registration, licensing, and inspection
-
Ship safety, pollution control, and compliance
Role of the International Maritime Organization (IMO)
The International Maritime Organization (IMO), established in 1948 (effective 1958), ensures that international maritime conventions remain updated, enforced, and responsive to global shipping needs.
Core IMO Conventions:
-
SOLAS – International Convention for the Safety of Life at Sea
-
MARPOL – International Convention for the Prevention of Pollution from Ships
-
STCW – Standards of Training, Certification & Watchkeeping for Seafarers
These conventions form the backbone of global shipping and maritime safety law.
Admiralty Law in the United Kingdom (UK)
English Admiralty Courts date back to the 1360s during the reign of Edward III. Over time, multiple regional admiralty courts were consolidated into the High Court of Admiralty.
Today, Admiralty jurisdiction in England & Wales is exercised by the High Court of Justice (EWHC). English Maritime Law combines:
-
Common law precedents
The Admiralty Court now operates from the Rolls Building, London.
Law of the Sea – International Maritime Jurisdiction
The Law of the Sea, often called the “Constitution of the Sea”, governs:
-
Navigational rights
-
Coastal state jurisdiction
-
Maritime boundaries and resources
Under UNCLOS, coastal states have:
-
Territorial Sea – 12 nautical miles
-
Exclusive Economic Zone (EEZ) – 200 nautical miles
-
Rights over seabed and continental shelf resources
Admiralty & Maritime Law in the United States
In the United States, Admiralty jurisdiction arises from:
-
Article III of the U.S. Constitution
-
Judiciary Act of 1789
-
Federal maritime statutes
All admiralty and maritime cases fall under Federal District Courts, though state courts may apply maritime law under the Reverse-Erie Doctrine.
U.S. Admiralty Law covers:
-
Commercial shipping
-
Cargo claims (COGSA / Hague Rules)
-
Recreational boating
-
Maritime torts and injuries
In the United States, the federal district court has authority over all admiralty and maritime cases. The state court hearing an admiralty case is required to follow the Admiralty maritime law even if it's against the law of the state. Under the doctrine known as the “reverse-Erie doctrine.” The Erie doctrine derived by“Erie Railroad Co. v. Tompkins” tells the courts to hear state cases to apply state law. However, if a state court is hearing Admiralty cases should apply Admiralty Law. Which in some cases turns crucial.
Cargo Claims under Admiralty Law
Cargo claims for loss, damage, or contamination are governed internationally by:
-
Hague Rules
-
COGSA (Carriage of Goods by Sea Act)
Shipowners are liable for cargo damage “from hook to hook”, unless protected by statutory defenses such as:
-
Act of God
-
Inherent vice
-
Errors in navigation
Admiralty & Maritime Law in Asia
Admiralty & Shipping Law in Pakistan
Pakistan regulates maritime matters through:
-
Admiralty Jurisdiction of High Courts Ordinance, 1980
-
Pakistan Merchant Shipping Ordinance, 2001
Pakistan follows English admiralty precedents while fulfilling international obligations under ILO conventions.
Admiralty & Shipping Law in India
India’s maritime law derives from colonial statutes such as:
-
Admiralty Court Act, 1861
-
Territorial Waters Jurisdiction Act, 1878
India has a long maritime trading history with extensive legal development.
Admiralty & Shipping Law in Singapore
The Admiralty Law in Singapore exclusively covers the areas such as the Carriage of goods by sea, the Admiralty law, and merchant shipping legislation. However, as far as the Carriage of goods by sea is concerned the Admiralty law of Singapore is extremely similar to that of English Law. Common law principles and two decrees. Namely Carriage of goods by sea and the Bills of lading act. The primary Jurisdiction is handled by the High court (Admiralty Jurisdiction) Act of Singapore.
Admiralty & Shipping Law in Malaysia
Maritime suits often involve matters of international law. In Malaysia, the importance of having a separate and specialized Admiralty court was extremely important and vital. This all took rise by the setting up of the court in October 2010. This court in Malaysia, Kuala Lumpur practices the same jurisdiction in handling the matters of Admiralty, like that of the High Court of Justice in England under the UK Supreme Court Act 1981. However, the law was a little amended and some things were changed forex the matters which are handled by the court was expanded from the 18 matters listed in the s.24 (b) of UK Supreme Court Act 1981.
Admiralty & Shipping Law in Thailand
Vessel Act as part of Admiralty/Maritime laws in Thailand is the frame of law that administers vessels in Thai waters. In terms of nationality, the vessels can be classified as either a Thai registered vessel or a foreign registered vessel. Thailand is not a signatory to any international conventions relating to the carriage of goods by sea i.e., Hague Rules, Hague-Visby Rules, or Hamburg Rules but some principles in those international Conventions were adopted in Thai COGSA particularly, it was mainly influenced by the provisions of Hamburg Rules.
Admiralty & Shipping Law in Indonesia
The Indonesian Admiralty Law states a ship should be arrested by its harbormaster at a certain port based on a written court order that is granted if the ship is involved in a criminal or civil case. The Shipping Law further states that a court judgment for a ship arrest in a civil case relating to maritime claims may be issued without initiating civil court proceedings.
Admiralty & Shipping Law in Pakistan
The Pakistan Merchant Shipping Ordinance 2001 has replaced the Merchant Shipping Act 1923. This replacement was done in 2001 to handle the constantly upgrading modern shipping industry. The purpose of the Pakistan Merchant Shipping Ordinance 2001 is to provide a strategy and rules under which the Government, Authorities will function in dealing with stuff related to the shipping industry. This law also handles duties internationally required under the ILO (International Labour Organization) conventions as Pakistan is an active member of the ILO.
Admiralty & Shipping Law in India
The current Maritime Law in India has been established from Colonel times such as the Territorial Waters Jurisdiction Act, 1878, the Admiralty Offences (Colonial) Act, 1849, the Coasting Vessels Act, 1838; the Inland Steam vessels Act, 1917, the Indian Registration of Ships Act (1841) Amendment Act, etc. India has a very deep history in dealing with sea trading this is why there existed a variety of regulations, rules, and set of laws in this field from time old.
Admiralty & Shipping Law in Turkey
The Turkish commercial code includes the Maritime Jurisdiction which is very important for foreign investors who want to start a business in Turkey concerning this field. This law controls major issues, such as buying and selling of ships, the rights of an owner of a vessel, how to use the Turkish flag, the owner’s liabilities, etc. The owner of a ship is permitted to sell shares of it only if the vessel is legally registered. The operator of a ship has some important liabilities and it is responsible in front of third parties. The carrier has certain tasks for loss or damage of the goods that he transports if he didn’t take the obligatory measures for the safety of his mission. The Code of Obligations states what happens in case of losses caused by delays or others that are not a direct responsibility of the carrier. The carrier’s liabilities related to losses and damages are also stated by the Hague Rules.
Admiralty & Shipping Law in China
The Maritime Safety Administration of the People's Republic of China is a government agency that looks after every matter relating to maritime and shipping safety, including the management of maritime traffic safety and security, stoppage of pollution from ships, an inspection of ships and offshore facilities, navigational safety measures (including Search and Rescue, Aids to Navigation and the GMDSS), administrative management of port processes, and law enforcement on matters of maritime safety law. It was also accountable for marine accident investigations. It is headquartered in Dongcheng District, Beijing.
Admiralty Law in Australia
The Admiralty Act of 1988 brought the Australian admiralty jurisdiction in the 20th century. It was updated from the 19th century. The law permits the state's Supreme Court as well as the federal court to handle matters like ship arrest and other actions.
The Act gives the right to arrest the “surrogate ship” which in some laws is known as the sister ship arrest. This only arises when the relevant person was when the cause of action arose. The proceeding has started the ship and the owner of the ship is to be arrested.
The Act does not create any new liens and does not change any common laws of the state
The Act also gives a constitutional right of damages where the property has been arrested or excessive security has been demanded unreasonably and without good cause (section 34). Despite the passage of almost 20 years since the Act's introduction, section 34 remains untested. There have, however, been a large number of cases testing the limits of the jurisdiction conferred by this legislation and Australia now has a considerable body of its admiralty law. The Federal Circuit Court has jurisdiction under ss.9, 27, and 28 of the Admiralty Act 1988 (Cth) and any matters referred to it by the Federal Court. The jurisdiction allows the Court to hear proceedings commenced as actions in personam on:
- maritime claim, or
- claim for damage done to a ship
Admiralty Law in Canada
Canadian maritime law is based on the “Navigation and Shipping” entrusted to the Parliament of Canada by the s. 91(10) of the Constitution Act, 1867.
Canada has adopted a modern version of its maritime law, which is the updated version of the “Admiralty Law”. The original English admiralty jurisdiction was called wet because it limited itself with things at sea such as collisions, salvage, the work of mariners, and contracts and torts performed at sea. The Canadian Admiralty law was named as dry because it also concerned itself with matters such as:
- stevedoring,
- marine insurance,
- warehousing and security services,
- contracts of agency, and
- contracts of carriage.
Major Admiralty & Maritime Claims Worldwide
Personal Injury Claims (Passengers)
Shipowners have a huge for the safety and care of passengers. Passengers which are injured at sea consequently file claims against the third party. However, it is their responsibility to file a claim against the shipowner. Personal injury cases are usually pursued within three years. Admiralty suits are to be filed within 1 year due to the terms and conditions at the back of the passenger tickets. Some exceptional cases also only have 6 months. Many U.S cruise lines also have terms to only file suit in either Miami or Seattle.
Maritime Liens and Mortgages
Banks that loan money to purchase ships, vendors who supply ships with necessaries like fuel and stores, seamen who are due wages, and many others have a lien against the ship to guarantee payment. To enforce the lien, the ship must be arrested or seized. In the United States, an action to enforce a lien against a U.S. ship must be brought in federal court and cannot be done in state court, except for under the reverse-Erie doctrine whereby state courts can apply federal law.
Cargo Claims
One of its key features is that a shipowner is liable for cargo damaged from "hook to hook", meaning from loading to discharge, unless it is exonerated under one of 17 exceptions to liability, such as an "act of God", the inherent nature of the goods, errors in navigation, and management of the ship. The basis of liability for the shipowner is a bailment and if the carrier is to be liable as a common carrier, it must be established that the goods were placed in the carrier's possession and control for immediate carriage.
Personal injuries to Seamen
In Admiralty Law, there is a great emphasis on the rights of seamen. Seamen injured on the ship can claim compensation through the following paths: the Jones Act, the Principle of Maintenance and Cure, and the Doctrines of unseaworthiness. The "Jones Act" which is section 27 of the Merchant Marine Act of 1920 states that sailors can file claims and obtain damages from their employers. On the other hand, the Doctrines of unseaworthiness states that a shipowner should maintain its ship properly and make it seaworthy. A ship or vessel that is seaworthy is fit for its intended purpose. If any part of the ship, or equipment on it, is not in fit shape, the vessel is unseaworthy.
Collision Liability
Under Maritime Law responsibility for collision damage is based on the fault. However, a colliding vessel is not held responsible for the accident, Unless the accident is caused by the deficiency of the colliding vehicle or the negligence of its navigator.
The principle of “contributory fault” is when both of the colliding vessels are blamed responsible the expenses are to be shared equally regardless of the respective degree of fault. However, in some countries, this principle is not followed and each owner bears its damages.
Oil spills
The International Convention on Civil Liability for Oil Pollution Damage, 1969, renewed in 1992 and often referred to as the CLC Convention, is an international maritime treaty administered by the International Maritime Organization that was adopted to ensure that adequate compensation would be available where oil pollution damage was caused by maritime casualties involving oil tankers (i.e., ships that carry oil as cargo).
The convention introduces strict liability for shipowners.
In cases when the shipowner is deemed guilty of fault for an instance of oil pollution, the convention does not cap liability.
When the shipowner is not at fault, the convention caps liability at between 3 million special drawing rights (SDR) for a ship of 5,000 GT to 59.7 million SDR for ships over 140,000.
Importance of Admiralty & Maritime Jurisdiction Today
With global trade increasingly dependent on shipping and maritime transport, Admiralty Law has become indispensable. From ship arrests and cargo disputes to environmental protection and seafarer rights, maritime law continues to evolve through conventions, treaties, and judicial interpretation.
The Admiralty Law dates back to the 1360s and at that time mainly practiced in England and a few other countries. As time passes, now in the modern era almost every country adopting trade and among each other and practicing all the ways of trade, especially through ships/vessels. This arises different nature of problems which can only be handled by Admiralty law, so almost all countries practice this Law. Which leads us to different kinds of conventions, treaties, etc. This all shows us the importance of Admiralty jurisdiction and how it is emerging in our world.
Written By,
Shahryar Osmani
No comments:
Post a Comment