Maritime law involves a team of treaties, conventions and laws that govern International private businesses along with other matters which involve shipping, ships or criminal activities that occur on the open waters. The laws in between the nations that govern these things as international versus national waters are common thought to be Public international laws and they are known as the “Laws of your Seas”. Maritime law also goes by the name of “admiralty law.”
Instances Of Maritime Law
In many of the developed nations, the maritime laws are governed by separate jurisdictions and separate codes through the national laws. The UN (U . N .), from the IMO (International Maritime Organization) have issued several conventions that are able to be used and enforced by coast guards and navies including the counties that have signed a treaty that outlines these rules. The maritime laws also govern nearly all insurance claims related to cargo, ships and civil matters that arise between passengers, seamen, ship-owners, and piracy.
These areas of law handle and cope with various factual scenarios. A few examples range from the commercial accidents that result in damages to cargo and vessels, hazardous material spills, and seamen injuries. Maritime law also relates to criminal activities, piracy, wake damage, towage contracts, and liens against ships. In addition, in various cases, jurisdiction is upheld for recreational accidents that occur with boats on the navigable waters.
Maritime laws also regulate the inspection procedures, license and registration for shipping and ship contracts, carriage of passengers and goods and maritime insurance.
In 1958, the IMO was developed and holds the responsibility of ensuring that the actual International Maritime Conventions are up-to-date as well as to develop new conventions when and also as they arise. There are several conventions today that regulate all of the facets of the maritime transport and commerce. The IMO identifies 3 that this regards as its primary conventions. Such as:
• The International Convention for your Safety of Life at Sea
• The International Convention on Standards of Training, Certification and Watch-Keeping for Seafarers
• The International Convention for preventing Pollution from Ships
These conventions are amended regularly to remain current with the latest technologies and business practices. About the IMO website there is a comprehensive listing of the latest conventions in addition to explanatory notes and historical amendments.
The cases whereby maritime law is relevant within the U.S, the cases are heard within a federal court. Maritime laws are all enacted by Congress in association with the constitutional authority that regulates commerce between states and foreign countries.
Shipping of cargo is actually the primary activities conducted around the open sea or ocean. When accidents arise litigation often arises when it comes to who can take place in charge of damaged or lost cargo. In the case of trade which is foreign where American laws are applicable, The COGSA (Carriage of Goods by Sea Act) applies. This type of law has created an integral part of all bill-of-lading and limits the owner of the ship’s liability to $500 per a container, provided the ship is incorporated in the correct condition before it departed.