Week 1

Prelim

Maritime Law
Table A-II/1 and A-II/2
Capt. Ronelio I. Tisoy
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Competence:F3 Controlling the Operation of the Ship and Care for Persons on
Board
Monitor Compliance with legislative requirements

KUP: Basic working Knowledge of the relevant IMO conventions concerning safety
of life at sea, security and protection of the marine environment

Module1: Evaluate SOLAS Convention as amended in terms of managing

seafarer competency towards loss prevention
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Topic/s:
Introduction to Maritime Law
Learning Outcome:
 Maritime Law

Learning Outcome:
1.Discuss the Maritime Law, its introduction,
history, and importance.
 Maritime Law

Introduction to Maritime Law

 Introduction to Maritime Law

What happens though when it comes to incidents that

take place while at sea? These laws are surely not like
the ones we are used to. They specifically govern any
nautical issues occurring on open water, and they
belong in maritime law.
 Introduction to Maritime Law

Introduction to Maritime Law

A distinct body of law that governs maritime

questions and offenses.
It is a body of both domestic law governing maritime
activities, and private international law governing the
relationships between private entities that operate
vessels on the oceans.
 Introduction to Maritime Law

Introduction to Maritime Law

Consists of the statutes and case precedents that

govern legal disputes originating on navigable waters.
 Introduction to Maritime Law

Introduction to Maritime Law

Maritime law is based partly on generally accepted

customary rules developed over many years and
partly on Statute law enacted by States
The main sources of maritime law are International
Conventions
 Introduction to Maritime Law

The adoption of International Conventions and

agreements is intended to provide uniform practice
internationally.
 Introduction to Maritime Law

It deals with matters including:

marine commerce,
marine navigation,
marine salvaging,
shipping,
 Introduction to Maritime Law

sailors,
and the transportation of passengers and goods by
sea.
also covers many commercial activities, although
land based or occurring wholly on land, that are
maritime in character.
 Introduction to Maritime Law

Let’s discuss why the Law of the Sea developed as it

did, then review a brief history of Maritime Law
and the protections that the code traditionally
provides to those who work on a vessel.
 Introduction to Maritime Law

• Why Was Maritime Law Created?

• Maritime or Admiralty Law was first documented at
the time of Ancient Egypt,1 to fill a very real need in
the civilized world.
 Introduction to Maritime Law

In order for trade to flourish, ships needed to be able

to travel from port to port with a reasonable
expectation of safety and fair trade. Differing
customs led local courts and tribunals to be locally
biased.
 Introduction to Maritime Law

Eventually, it became clear that disputes needed to

be settled in a single court system.
 Introduction to Maritime Law

Shipowners and captains might employ sailors from

all along their trade route and would need a clear
understanding of how those seamen or their
families would be compensated if they were
seriously injured or lost at sea.
 Introduction to Maritime Law

Establishing the rights and responsibilities of ports

and ship owners into formal law was essential to
trade between nations and city-states.
 Introduction to Maritime Law

Many of the old laws persist today because most of

the challenges and hazards of maritime work
remain the same. These jobs were, and continue to
be, dangerous ones.
 Introduction to Maritime Law

Maintaining a seaworthy vessel and providing

maintenance and cure to workers on board have
always been prime responsibilities of ship and fleet
owners.
 Introduction to Maritime Law

Shipowners who do not abide by the code face

claims in Admiralty Courts or in other national
courts that are bound by Maritime Law.
 Introduction to Maritime Law

• These courts have jurisdiction over many aspects of

the shipping and passenger cruise industries. Now,
as in the past, sailors can have a legal advocate,
or maritime accident lawyer, by their side when
making a claim for injuries sustained at sea.
 Introduction to Maritime Law

• The History of International Maritime Law

• While there were unwritten customs of maritime
behavior among the Egyptians, Greeks, and
Phoenicians, the earliest formal codes were established
on the island of Rhodes as early as 900 BC, and the law
continues to evolve into the modern-day.
 Introduction to Maritime Law

The Rhodian Sea Laws

• The origin of this set of rules for the Mediterranean
Sea began forming approximately 900 BC and was
well established by 300 BC, governing seafaring
trade and conduct in the area.
 Introduction to Maritime Law

It influenced Roman law from that point until 1200 AD.

The Rhodian Sea Laws established a uniform standard
for the treatment of merchant ships as they moved
from port to port, and it introduced the concept that
disputes arising at sea must be decided by “the
maritime law of the Rhodians”1 rather than in local
courts or councils.
 Introduction to Maritime Law

The Consulate Of the Sea

• As the Romans made use of the Rhodian Laws,
special tribunals were created to rule on disputes
between vessels, ports, merchants, and seamen.
 Introduction to Maritime Law

Between 1000 AD and 1300 AD, three separate

codes of maritime law and court systems developed
in the Mediterranean. The oldest of these was
“Consolato del Mare” or the Consulate of the Sea,
which was centered around the Italian seaport of
Barcelona, Spain.
 Introduction to Maritime Law

The Consulate of the Sea sought to address all

aspects of the customary laws of the sea. It defined
specifics regarding ownership of ships, the
responsibilities of a shipowner and captain, the
“average contribution,” salvage rights, the duties of
sailors, and how much they should be paid.
 Introduction to Maritime Law

Early European Codes of the Sea

• From the budding laws of the sea in the
Mediterranean, the early European maritime laws
were further formalized by 1152 AD.
 Introduction to Maritime Law

These were summarized in the Black Book of the

Admiralty in 1336 and were heavily influential in
shaping Admiralty Law from that point on.
 Introduction to Maritime Law

• Some of the notable legal concepts still honored today

come directly from these examples:
• The Laws of Wisby (Baltic region)
• The Laws of Hansa Towns (Germanic region)
• The Laws of Oleron (French region)
 Introduction to Maritime Law

The English System of Admiralty Law

• The laws of Wisby, Hansa, and Oleron are
considered the three pillars upon which British
Admiralty Law was built.
 Introduction to Maritime Law

Keeping the fundamentals of historic sea law, the

Admiralty Courts in England were challenged with
the industrial revolution in the last half of the
1700s.
 Introduction to Maritime Law

The codes were updated for the changes that

engines brought to the industry and for growing
complexities in international relations as trade
became more global.
 Introduction to Maritime Law

Maritime Law in America

• Despite being a possible trigger for revolution,
European admiralty doctrine was well established
and a practical necessity for the new nation.
 Introduction to Maritime Law

As admiralty cases arose, they became part of

American law as well. Many of the founding fathers
and famous historical figures were themselves
admiralty lawyers.
 Introduction to Maritime Law

Even back in 1789 when the U.S. Constitution was

adopted, there was the same need for a
good maritime accident lawyer to protect ship
owners, seafarers, and ship workers.
 Introduction to Maritime Law

HISTORY OF LAW
Legal history or the History of Law is the of how law has
evolved and why it changes. Legal history is closely
connected to the development of civilizations and is set
in the wider context of social history. (e.g Ancient
Egyptian Law, Code of Hammurabi, etc.; )
• Created 1754 BC Hammurabi Purpose Law code The Code
of Hammurabi is a well-preserved Babylonian code of
law of ancient Mesopotamia, dated back to about 1754 BC
(Middle Chronology). It is one of the oldest deciphered
writings of significant length in the world.
The sixth Babylonian king, Hammurabi, enacted the code. A
partial copy exists on a 2.25 meter (7.5 ft) stone stele. It
consists of 282 laws, with scaled punishments, adjusting
"an eye for an eye, a tooth for a tooth" (lex talionis) as
graded based on social stratification depending on social
status and gender, of slave versus free, man versus woman
 Introduction to Maritime Law

By the 10th Century the Law Merchant LAW first

founded on Scandinavian trade customs, then
solidified by the Hanseatic league, the Law
Merchant emphasized the freedom of contract of
property.
 Introduction to Maritime Law

Modern European Law

The two main traditions of modern European law are
the codified legal systems of most of continental
europe, and the English tradition based on case law
 Introduction to Maritime Law

The LAW
Law- is a system of rules that are enforced through social
institutions to govern behavior
A system of principles and rules of human conduct
prescribed or recognized by the governing power.
 Introduction to Maritime Law

The LAW
Municipal or Domestic Law- it embodies laws primarily
governing the relationships between individuals and
government and the relationship between or among
individuals themselves.
The CIVIL CODE OF THE PHILIPPINES is an example
of Municipal or Domestic Law.
 Introduction to Maritime Law

There are two Major Legal ( LAW ) Systems

Civil Law- originated in the Roman empire and was
codified by Emperor Justinian in 529 AD. Same was in
corporated in the code of Napoleon Bonaparte in 1804.
Civil proceedings are instituted by private attorney on
behalf of private person called Plaintiff.
 Introduction to Maritime Law

Civil Law
The object of which to obtain damages from Defendant or
to have the court order to the defendant to perform or to
refrain from performing a particular act.
Plaintiff- is a person who brings a case against another in
a court of law.
Defendant- is a person who issued or accused in a court
of law
 Introduction to Maritime Law

Common Law
Originated in England and is now the basic law of
England, Ireland, British Dominion and Crown Colonies
and all ex- american colonies including the USA.
In English speaking countries, laws are now codified as
common laws, how ever, laws that are enacted by
legislature are called Statutory Laws
 Introduction to Maritime Law

International Law
Is the set of rules generally regarded and accepted as
binding in relations between states and between nations.
It serves as a framework for the practice of stable and
organized international relations.
United Nations Convention on the Law of the Sea
(UNCLOS) is an example of International Law.
 Introduction to Maritime Law

There are Three types of International Law

1. Public International Law
2. Private International Law
3. Supranational Law
 Introduction to Maritime Law

Introduction to Maritime Law

Public international law (or the law of nations) is a body of customary or
conventional rules which are considered as legal binding by civilized states in
their interaction with each other and is concerned solely with the rights and
obligations of sovereign states.

Private international law (or the conflict of laws) may be defined as the rules
voluntarily chosen by a given state for the decision of cases which have a
‘foreign’ element or complexion.
 Introduction to Maritime Law

Introduction to Maritime Law

International Public Maritime Law – concerns the legal relationship between
States in respect of maritime matters

Private International Maritime Law – is the collection of rules used to resolve

maritime disputes as to choice of law, choice of jurisdiction and recognition of
foreign judgments between private parties subject to the laws of different
States
 Introduction to Maritime Law

What is meant by “No More Favorable Treatment” for

ships of non-ratifying countries?
Ships must not be placed at a disadvantage because their
country has ratified a Convention.
The practical consequence comes out clearly in the port
State control provisions of the Convention, under which
ships of all countries (irrespective of ratification) will be
subject to inspection in any country that has ratified the
Convention, and to possible detention if they do not meet the
minimum standards of the new Convention.
 Introduction to Maritime Law

MARITIME LAW - is based partly on generally accepted

customary rules developed over many years and partly on
statute law enacted by states.
Matters of safety, protection of the marine environment
and conditions of employment are covered by statute law.
 Introduction to Maritime Law

MARITIME LAW
It is a special law design primarily shipping purposes. It
carries with many rules concerning private and public
regulations that are also either domestic or international.
The IMO defined Maritime Law as the legal regulations
governing maritime shipping and relevant activities, the
use of the sea and the exploitation of its resources and the
protection of the marine environment.
 Introduction to Maritime Law

PUBLIC MARITIME LAW is enforced through:

1. surveys, inspection and certification
2. Penal sanctions ( fines, imprisonment)
3. Administrative procedures ( inspection of certificates
and records, detention )
 Introduction to Maritime Law

Convention - is a treaty between the States which have

agreed to be bound by it to apply the principles contained
in the convention within their sphere of jurisdiction
To implement a Convention or other International
agreement, a State must enact National Legislation giving
effect to and enforcing its provisions
 Introduction to Maritime Law

Main originators of international conventions concerned with maritime law are:

Maritime law may be roughly divided into two parts the
Commercial part And the Operational part. When dealing
with
Commercial maritime law most of the law that has been
embodied is old customary law –that is law that has been
followed through usage over a period of time. These laws were
framed maybe a century or two ago by commercial trading
houses like Lloyds in their agreement for trade and carriage of
goods.
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Newer versions always are incorporated in them, these are

frequently employed in the bills of lading
A bill of lading is a document issued by a carrier to acknowledge
receipt of cargo for shipment. Although the term historically
related only to carriage by sea, a bill of lading may today be
used for any type of carriage of goods. Bills of lading are one
of three crucial documents used in international trade to ensure
that exporters receive payment and importers receive the
merchandise. The other two documents are a policy of
insurance and an invoice.
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and the clauses may vary from one bill of lading to the
other.
2. However statute law is more rigid and has been
evolved for principally safety of the persons employed
on the ships –further the marine environment has been
added to that list." broad division may be made as –
statute law – harm to humans on the ship (today
inclusion of marine life).
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Most of the statute laws are agreed upon through the

conventions between international member states.
The first of the convention appeared over a century ago
and dealt with overloading of ships and towards the
collision between ships – both arose over excessive
human life being lost.
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3. Sources of law are the origins of laws, The binding

rules that enable any state to govern its territory.
The term "source of law" may sometimes refer to the
sovereign or to the seat of power from which the law
derives its validity.
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International Treaties
Governments may sign International Conventions and Treaties;
but these normally become binding only when they are
ratified. Most conventions come into force only when a stated
number of signatories have ratified the final text. An
international convention may be incorporated into a statute
(e.g. Hague-Visby Rules in Carriage of Goods by Sea Act 1971;
e.g. the Salvage Convention in the Merchant Shipping Act
1995).
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International Treaties
The Hague–Visby Rules is a set of international rules for
the international carriage of goods by sea. They are a
slightly updated version of the original Hague
Rules which were drafted in Brussels in 1924.
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The Hamburg Rules are a set of rules governing the

international shipment of goods, resulting from the United
Nations International Convention on the Carriage of Goods by
Sea adopted in Hamburg on 31 March 1978. The Convention
was an attempt to form a uniform legal base for the
transportation of goods on oceangoing ships. A driving force
behind the convention was the attempt of developing countries'
to level the playing field. It came into force on 1 November
1992.
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The "Rotterdam Rules" (formally, the United Nations

Convention on Contracts for the International Carriage of
Goods Wholly or Partly by Sea) is a treaty proposing new
international rules to revise the legal framework for maritime
affrieghtment and carriage of goods by sea. The Rules
primarily address the legal relationship between carriers and
cargo-owners.
 Introduction to Maritime Law

Flag State Jurisdiction

States shall ensure compliance by vessels flying their flag or

of their registry with applicable international rules and
standards, established through the competent international
organization or general diplomatic conference, and with
their laws and regulations.
 Introduction to Maritime Law

Flag State Jurisdiction

The operation of a ship is governed by the national laws and

regulations of the flag State, including those laws and
regulations giving effect to international conventions
When serving in a ship flying a foreign flag, it is essential
that the master, chief mate and chief engineer familiarize
themselves with the laws and regulations of the flag State
 Introduction to Maritime Law

Port State Jurisdiction

When a vessel is voluntarily within a port or at an offshore

terminal of a State, that State may undertake investigations
and, where the evidence so warrants, institute proceedings
in respect of any discharge from that vessel outside the
internal waters, territorial sea or exclusive economic zone of
that State in violation of applicable international rules and
standards.
 Introduction to Maritime Law

Coastal State Jurisdiction

Territorial Sea, Laws and regulations of the coastal

State relating to innocent passage. The coastal State
may adopt laws and regulations, in conformity Rules of
international law, relating to innocent passage through
the territorial sea.
 Introduction to Maritime Law

• The Importance of Maritime Law

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.
 Introduction to Maritime Law

• Maritime laws are of extreme value and significance

for governments, corporations and individuals. They
are the laws which ensure the appropriate behaviour
of people and organisations.
 Introduction to Maritime Law

• 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.
 Introduction to Maritime Law

• 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.