Assignment Topic:

A review of necessity of maritime laws in Bangladesh

Submitted To:
Ms. Ferdousi Begum
Lecturer
Department of Law
Faculty of Humanities & Social Science
Daffodil International University

Submitted By:
Samiun Hasib Bhuiyan
Id: 181-26-1164
Batch: 32, Section: A
Department of Law
Faculty of Humanities & Social Science
Daffodil International University

1
 CONTENTS
1. Cover Page……………………………………………….……………..................1

2. Contents …………………………………………….….…….……..….................2

3. Introduction …………………………………………………….…….……….….3

4. What Do Maritime Laws Entail?..........................................................................3

5. Why we need maritime law for international purpose………………………....3

6. Maritime or Admiralty Law in Bangladesh…………………………………….4

7. The necessity of maritime law in Bangladesh…………………………………...4

8. Maritime or Admiralty court in Bangladesh…………………………………....4

9. Necessity of Maritime Court in Bangladesh…………………………………….5

10. The loopholes of maritime law in Bangladesh…………………………………..6

11. Recommendation………………………………………………………………….7

12. Conclusion …………………………………………………...................................7

13. Reference …………………………………………………………………………..8

2
Introduction:
Maritime or Admiralty law deals with marine issues and private maritime disputes. The Chief
Marine Officer Law Office consists of both national law on naval operations and private
international law governing against independent individuals and ocean-going ships working or
eating. While each legitimate locale usually has its own enactment overseeing maritime issues,
significant advances in universal maritime law, including various multilateral treaties, may be
recognized by the Law of the Sea, which is a group of open global laws managing navigational
rights, mineral rights, waterfront jurisdiction, and maritime links between countries. The United
Nations Convention on the Law of the Sea (UNCLOS) was adopted by 167 countries and the
European Union, and discussions are settled at the ITLOS court in Hamburg.

What Do Maritime Laws Entail?

Since then many things have changed in the way we do commerce. Today, maritime law is
considered as extremely vital for any type of occurrence on open water. Maritime laws are of
extreme value and significance for governments, corporations and individuals. They are the laws
which ensure the appropriate behavior of people and organizations.
Maritime law is also known as admiralty law. It is a body of laws, conventions, and treaties that
govern private maritime business and other nautical matters, like shipping or offences and
disputes.
These laws are not limited to the transportation of goods or people. They also involve how
companies treat their workers, how the workers get paid or even how their protection is ensured
while working on board a vessel.
The four principles of maritime law are:
1. Maritime safety
2. Navigation security
3. Commercial spirit and preventing contamination
4. Environmental protection

Why we need maritime law for international purpose:

Basically, we need maritime law to save the sea beside that there are also some reason,
1)how the ships will be made.

2)to make a ship seaworthy.

3)qualification of crew member and the master.
4)for creating a better relation in the sea

3
5) for avoiding the war and any kind of problems e.t.c
The United Nations (UN), through the International Maritime Organization (IMO), has issued
numerous conventions that can be enforced by the navies and coast guards of countries that have
signed the treaty outlining these rules. How the maritime law comes in Bangladesh: Bangladesh
has its maritime law but many years ago there is no maritime law but after that it take the
international law and also adopted its own maritime law. In Bangladesh, The Admiralty Law of
the Country is mainly governed by Admiralty Act of 2000. The United Nations Convention on
the Law of the Sea(UNCLOS) was adopted by the 167 countries and Bangladesh is one of them.

Maritime or Admiralty Law in Bangladesh:

The Admiralty Law of the Country is mainly governed by Admiralty Act of 2000. The law on
admiralty and maritime affairs can be traced back to the Law of the Admiralty Courts of 1840.
The Act was subsequently drawn up by the Admiralty Court Act, 1861, the Courts of Admiralty
Act, 1891 and the Admiralty Rules of 1912. Now in Bangladesh, the Admiralty Courts Act 2000
deals with all issues related to Admiralty. (Maritime Laws of Bangladesh | Admiralty & Ship
Arrest)

The necessity of maritime law in Bangladesh:

The establishment and development of maritime legal system is vital for every maritime nation
in the present global context. Due to the complexity of maritime operations and the various legal
issues involved therewith, the legal system of a country needs to equip itself to the challenges of
the sector. Therefore, it is necessary that the national maritime laws are given special
consideration under any legal system. Bangladesh has been a seafaring nation. Over 90 per cent
of its trade is transported by sea. Bangladesh currently possesses few laws governing shipping or
maritime affairs. There are also a number of rules and regulations affecting this field. The
maritime sector is governed by the Bills of Lading Act 1856, the Carriage of Goods by Sea Act
1925, the Merchant Shipping Ordinance 1983, the Marine Fisheries Ordinance 1983, the Ports
Act 1908, the Customs Act 1969 etc.

Maritime or Admiralty court in Bangladesh:

The High Court Division of Supreme Court of Bangladesh has an original jurisdiction to deal
with the cases of admiralty. It extends to ships or vessels anchored at any port of Bangladeshi.

The Admiralty Court shall have jurisdiction in regards to Maritime Laws of Bangladesh
Admiralty & Ship Arrest to hear and determine any question or claim in relation to:

1. The possession or ownership of a ship;

2. Any question raised by the co-owners of a ship as to the possession, employment or
income of that ship;
3. Any claim in respect of a mortgage or charge on a ship or any share thereof;

4
 4. Any claim for damages made by a ship;
5. Any claim for damages made by a ship;
6. Any claim for loss of life or personal injury sustained in consequence of any defect in a
ship
7. Any claim for loss of or damage to goods carried in a ship;
8. Any claim arising out of any agreement relating to the carriage of goods in a ship or to
the use or hire of a ship;
9. Any claim in the nature of salvage of life from a ship
10. Any claim in respect of towage of a ship or an aircraft;
11. Any claim for forfeiture or condemnation of a ship or of goods
It is a matter of happiness that, the Admiralty Court Act, 2000 gives the High Court Division
(HCD) an Original Jurisdiction to entertain cases at first instance. Article 101 of the Constitution
of the People’s Republic of Bangladesh provides that the HCD shall have such jurisdiction as are
conferred on it by the Constitution and by other laws.
Section 3 (1) of the Admiralty Court Act, 2000 specifically lays down that the HCD shall be the
court of Admiralty cases under the Act are decided by way of special statutory jurisdiction
conferred upon the court by the Act Itself.

Necessity of Maritime Court in Bangladesh:

Though shipping plays an important role in the commercial strategy in Bangladesh, but it is a
matter of sorrow that there is no separate court relating to Maritime Law. That means there is no
special Maritime court in Bangladesh. There is distinction between Admiralty Court and
Ordinary Original Civil Jurisdiction.
His lordship Mr. Justice Ruhul Islam correctly appreciated the legal position when he observed-
“Admiralty Jurisdiction is completely different from both Ordinary Original Civil Jurisdiction
and Extraordinary Original Civil Jurisdiction of the High Court.
The necessity of Special Maritime Court in Bangladesh is not needless to say. It is very
important in order to protect shipping industry in Bangladesh. Basically, because of following
reasons, establishment of Special Maritime Court in Bangladesh is important:
For the security of National Trade. Because Bangladesh’s increasing dependence on sea-borne
trade both in the export and import sectors.

To regulate Maritime Transport Business in Bangladesh in case of registration of Bangladeshi

ships, transfers or mortgages of ships or shares, collisions, accidents at sea, liability, wreck and
salvage, penalties and procedures and so on.

1. To protect the interest of the persons engaged in shipping industry.

2. To increase the GDP Rate in Bangladesh.
3. To realize compensation from foreign country.

5
 4. To encourage the shipping industries in Bangladesh.

The loopholes of maritime law in Bangladesh:

There are a lot of lacunas of the existing laws and regulations of the maritime laws of
Bangladesh, for which the maritime boundary of the country couldn’t utilize properly.
Followings are the major loopholes related with the maritime boundary of Bangladesh:
1) Till now the Government of Bangladesh couldn’t enact a code for the maritime issues of
Bangladesh; the Government of Bangladesh couldn’t fulfill the Constitutional provisions of the
Article-143(2); and Bangladesh couldn’t fulfill the rules and regulations of UNCLOS;
2) There is no exclusive Maritime Court has been established in Bangladesh though its maritime
boundary is more than its land territory;

3) Government couldn’t stop the human trafficking and smuggling through this maritime
boundary;
4) There is no specialized research center in Bangladesh to pursue research in these maritime
issues;
5) No sufficient technology to explore the mineral resource areas from this maritime boundary;
6) Laws relating to the foreign investments in these sectors are so weak, old and insufficient for
increasing investments in this sector;
7) Near about, one decade has been passed of the two remarkable decisions of International
Tribunal for the Law of Sea and Permanent Court of Arbitration Bangladesh couldn’t complete
the survey for fixing its area of baseline, territorial waters, exclusive economic zone;
8) After these two decisions Bangladesh couldn’t stop the unauthorized entrance of the Fishing
Ships, fisher-men and Cargoes of the neighboring States;

9) Bangladesh couldn’t control the environmental pollution of her maritime zone;

10) In this huge territory Bangladesh couldn’t establish a safe zone for fisheries in her territory;
11) Saint Martin Island, Nizum Island, Andar Manik Islad, Hatiya and other Islands of the
country are the great asset for the Sovereignty, which are located in the maritime boundary of
Bangladesh but Govt. couldn’t develop it properly; that indicates that the Government failed to
use its maritime boundary commercially and economically;

12) Lack of the social awareness programs, seminar, symposiums, workshops relating to the
proper utilization of the maritime boundary of Bangladesh.

6
Recommendation:
To ensure a safe and sovereign maritime zone Bangladesh as early as possible should follow the
following mentioned recommendations:

1) The rolling government of the country should immediately by complying the provisions of the
Article-143 adopt a comprehensive code regarding the maritime issues;
2) Bangladesh government should take necessary actions to implement the provisions of the
UNCLOS22, decision of the ITLOS23 of Bangladesh v. Myanmar case, and the decision of
PCA24 of Bangladesh v. India arbitration.
3) Government should take steps for establishing maritime court as required to ensure the peace
and security of this maritime boundary and to control the unauthorized human trafficking,
smuggling and environment pollution throughher maritime zone;
4) Should introduce some research institutions for legal and scientific utilization of this maritime
boundary along with establishing educational institutions for theoretical education on this field;
5) Government should use the modern technology by which he can explore the zones of the
mineral resources and fisheries of this area;

6) Saint Martin Island, Nizum Island, Andar Manik Islad, Hatiya and other Islands of the country
and the all ports of Bangladesh should utilize commercially and economically;
7) If not possible to enact a code immediately, the Government should amend the present laws
regarding this issue; and especially govt. should sincere more to control the foreign investors in
this field legally;
8) Foreign policy if requires should change to increase the Government sovereignty upon this
long maritime territory;
9) Finally, govt. should patronize the individual whether natural or artificial person who are
interested to work for the development of the maritime territory of this sovereignty.

Conclusion:

Bangladesh government tries to ensure her sovereignty to the maritime boundary of Bangladesh
as like her land territory but as new arising and floated government it is going to tough for the
State. After its commencement, govt. introduced there are various laws and regulations for
managing its maritime boundary. But due to time, place, situation and occurrences those laws
lost their time demanding values. Two neighboring States and super power States of the world
are interested a lot to this maritime boundary because of its huge natural resources.

7
Reference:

1. https://www.bdlawnews.com/necessity-maritime-court-
bangladesh/?fbclid=IwAR1NtwfphBNLhfpaB2KDEhrsXaueoA4iRRrLsWx4xZdr_9SH
Qdkj5dPe5cc
2. https://www.thedailystar.net/law/2011/12/05/analysis.htm
3. https://www.lawyersnjurists.com/article/the-formulation-of-a-maritime-law-as-a-part-of-
bangladeshs-legislation-is-an-important-and-urgent-task-for-safeguarding-bangladeshs-
right-in-ocean-shipping-and-foreign-
trade/?fbclid=IwAR27x5sT4vJMVcEzO_hpsDtiL4jquoDtNpuLg_7BUIhLIlu3ZuJpHFp
N7BM
4. https://www.counselslaw.com/admiralty-maritime-ship-arrest/
5. https://www.lawyersnjurists.com/lawyer_ci/digest/admiralty-court-act-2000-2
6. https://bsmrmu.edu.bd/content/llm-maritime-law-1
7. https://www.researchgate.net/publication/337982209_An_Overview_of_the_Statutory_L
aws_and_Regulations_Relating_to_the_Maritime_Issues_of_Bangladesh_Loopholes_and
_Recommendations/link/5df8f31a92851c8364852e2d/download