CONCEPT OF MARITIME LAW

Submitted by-
Kanishka vashistha A-14

BHARATI VIDYAPEETH NEW LAW

COLLEGE PUNE.
BALLB 4th year, B- 49

MARITIME LAW

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DECLARATION

This is to declare that the Research report titled as Concept of maritime law is bonafide
work submitted at Bharati Vidyapeeth New Law College, Pune is an outcome of my work
and is undertaken by me. I, further declare that present work is bonafide one and outcome of
my own efforts, this research report or any part thereof, has not been submitted in part or full
to this or any other university for any degree or diploma or any similar title.

(Signature of the Candidate)

Kanishka Vashistha
BALLB4th year, A-14
Bharati Vidyapeeth New Law College, Pune.

Date: 24-02-2024

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TABLE OF CONTENT

1. Abstract...................................................................................................5
2. Introduction................................................................................................5
3. What is maritime law?............................................................................5
4. Historical development of maritime law................................................6
a. The Rhodian Sea Laws
b. Interference of the Romans
c. Consulate Of the sea
d. Early European codes
e. Evolution of maritime laws
f. History of Maritime laws in India
5. Components of maritime law.................................................................9
a. Maritime liens
b. Shipping charters
c. Limitation of liability
d. Collision liability
e. Salvage and general average
f. Marine insurance
6. Different concepts under maritime law................................................12
a. Ship registration
b. Flag state
c. Ship arrest
d. Recreational boating
e. Transit passage rights
7. International conventions on maritime law...........................................13
a. United Nations Convention on the Law of the Sea
b. Safety of Life at Sea (SOLAS) Convention
c. Maritime Labor Convention (MLC)
d. Standards of Training, Certification, and Watchkeeping (STCW) for Seafarers
Convention
e. The International meters Convention for the Prevention of Pollution from Ships
(MARPOL)
8. Conclusion..............................................................................................15

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TABLE OF AUTHORITIES

BIBLIOGRAPHY

1. Introduction to Marine Law of India

2. Law of the Sea (UNCLOS as a Living Treaty)
3. Maritime Jurisdiction and Admiralty Law in India

WEBLIOGRAPHY

1. https://www.britannica.com/topic/maritime-law
2. https://blog.ipleaders.in/maritime-law-2/
3. https://albtriallawyers.com/blog/what-is-maritime-law/
4. https://www.sciencedirect.com/topics/earth-and-planetary-sciences/
maritime-law
5. https://www.sciencedirect.com/topics/earth-and-planetary-sciences/
maritime-law
6. https://www.livelaw.in/know-the-law/maritime-law-admiralty-law-
convention-on-the-law-of-the-sea-united-nations-un-218222
7. https://maintenanceandcure.com/maritime-blog/the-intriguing-history-of-
maritime-law/
8. https://en.wikipedia.org/wiki/Admiralty_law
9. https://libguides.law.villanova.edu/admiralty
10.https://www.justia.com/admiralty/
11.https://maintenanceandcure.com/maritime-blog/types-of-maritime-laws/

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CONCEPT OF MARITIME LAW
Abstract:
Maritime law, sometimes referred to as admiralty law, is a specific body of legislation that
regulates a number of maritime-related activities, such as commerce, navigation, and maritime
accidents. This research paper offers a thorough examination of the idea of maritime law,
looking at its origins, principles, historical evolution, and current relevance. In order to improve
knowledge of this crucial field of international law, this presentation will look at the
development of maritime law as well as its fundamental ideas and contemporary issues.

Keywords:
Maritime Law, Admiralty Law, International Law, Navigation, Maritime Commerce
Introduction:
The concept of maritime law, also known as the law of honor, represents various laws that
regulate all aspects of maritime activities, including navigation, commercial printing, maritime
accidents, and environmental protection. Maritime law has a deep history and has developed
over thousands of years under the influence of ancient shipping, medieval trade and modern
international conventions. From the ancient laws of Rhode Island to far-reaching modern
agreements such as the United Nations Convention on the Law of the Sea (UNCLOS), ocean
law continues to evolve in response to complex problems arising from ocean activities. This
change reflects the conflict and international relationship between the maritime industry,
navigation and security. Maritime law, a specialized institution of international law, not only
regulates trade and disputes but also addresses issues such as territorial sovereignty, maritime
boundaries, environmental protection and maritime security. The importance of maritime law
extends far beyond law, given the important role of maritime transport in supporting
international trade and commerce; It is the basis for international cooperation to ensure the safe,
efficient and effective use of the world's oceans and waters. In this context, understanding the
historical development, principles, history and importance of maritime law is important in
addressing maritime affairs today, creating harmony and justice, and benefiting current and
future generations.
What is Maritime Law?

In general terms, maritime law applies to shipping delays, lost packages, damaged goods, etc. It
is a legal system that deals with maritime issues. injuries. a lot of people. While maritime law
refers to the laws regulating the maritime activities of a country, civil rights regarding the same
issues also fall within the scope of Maritime Law. These laws are the building blocks of various
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national laws and international agreements. These ocean laws have changed a lot with the
changing times.

The principles, laws, agreements and treaties that regulate maritime trade and other navigational
matters such as maritime or crimes occurring on the high seas. It includes laws, rules and
regulations designed to resolve disputes arising in navigable waters and to protect persons or
organizations operating in navigable waters and passengers on board.

Maritime law is affected by international agreements and practices that are very clear in terms of
the content and field of law. These laws cover many maritime-related issues and activities and
the protection of navigation, seamanship, other maritime issues, ships, sailors, sea passengers,
etc. It includes navigation-related activities such as. Generally, these laws are created by
national governments but are influenced by international influences, especially international
conventions and agreements. The reason for this, as we mentioned above, is that activities such
as maritime should also include international relations.

Historical development in maritime law

Today, maritime law is a product of the development of this branch. Continuous trade between
countries participating in sea voyages is one of the reasons for this change. The history of these
laws dates back nearly three thousand years. Let's understand the history and development of
maritime law.

Transportation of the country's products, that is, import and export, is an important part of
international trade. These activities constituted a significant part of the ancient water trade.
Likewise, the rules and regulations for maritime transportation, whether of goods or passengers,
are in B.C. It has existed since the middle of the century.

a) The Rhodian Sea Laws

In early times, the Egyptians, Phoenicians, and Greeks were the most active peoples in
Mediterranean trade, and thus many of the ancient maritime traditions are associated with their
own traditions. The earliest maritime laws or codes date back to Rhodes, which was in turn
influenced by Roman law. The "Rhode Island Code of the Sea" is said to be the oldest law at
sea. Some sources say that these rules date back to B.C. He says it dates back to the 900s.
However, these were not widely known until around 500 to 300 BC. The main purpose of these
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laws is to ensure the treatment of merchants and their ships. According to quotes from ancient
archives, the authority to determine the terms and conditions of trade was mostly in Rhodes.

It is said that the decline of Greece and the rise of the Roman Empire affected the politics of
Rhodes, but it cannot be said that these policies lost their place. These laws were common in the
Mediterranean for nearly a thousand years, but changed little after the Roman Empire came to
power. It has been observed that when Roman law and Rhode Island law conflict, it is generally
Rhode Islanders who decide. However, the Romans made it clear that decisions made under
Rhodesian law could not interfere with Roman law.

a) Interference of the Romans

Rhodes law was later modified by the Romans to accommodate the changes. Maritime law was
greatly expanded, and the Romans continued to apply Roman laws and principles to the existing
law of Rhodes. The main development was the revival of trade and commerce with the growth
of the Italian Republic and the cities along the Rhine and Baltic Sea. Special courts were also
established in Mediterranean ports to resolve disputes between sailors. This was a significant
development in honor law based on court decisions and led to the enactment of various
regulations. The three main Roman laws were the Consolato del Mare of Barcelona
(Mediterranean city), the Code of Oleron (France and England) and the Code of Visby (free city
of the Baltic Hanseatic League). Part of this was later implemented under European law.

b) Early European codes

Over time, trade in the Mediterranean region expanded north and west, leading to the
development of maritime regulations in Northern European ports. The well-known and most
important medieval maritime laws include the "Code of Visby" (Baltic Sea ports), the
"Hanseatic Town Code" (Germanic League) and the "Sea Code". Oleron Law (French Island).
The oldest law, the "Consolato del Mare", is said to be the inspiring law that helped create the
above-mentioned law. These three guidelines are often called the "three belts", and future
maritime laws and regulations will be created on this basis. It is said that the Oleron Law is the
second most important law of maritime law after the Consolato del Mare.

c) Evolution of maritime laws

In the early days, maritime law was generally uniform. This is because these laws should be like

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laws that benefit the people and not just the few people working on the ship. This law also
turned out to be an obstacle to the development of maritime nationalism. Harmonization of laws
in the maritime field eliminates problems arising from unpredictability and conflicts of law. The
concept of uniform governance was first proposed by a collaboration of lawyers and
businessmen who founded the Maritime Committee International (CMI) and the National
Maritime Law Association. The initiative continues to be developed with the support of the
International Maritime Organization (IMO) and other relevant UN agencies.

The International Maritime Committee (CMI) was established in 1897 to ensure harmonization
in national laws regarding maritime matters. The Hague Convention (International Convention
on Bills of Lading), the Visby Amendment (which replaced the Hague Convention) and the
Salvage Convention are some of the agreements created by CMI. The United Nations
International Maritime Organization (UNO) is currently leading many CMI projects.

Current maritime law is the product of many old doctrines and new national and international
laws. Marine insurance, neutrality, rescue, seafarers' welfare and "care and treatment" age
concept. These are some of the first maritime concepts that still exist and have become part of
current maritime law in one way or another. The common nature of the main dangers of walking
is the main reason why some points are constantly used. But shipbuilding, shipping, etc. Other
maritime activities such as have also changed a lot. Therefore, old laws need to be changed as
the situation develops; hence the current law is a mixture of old principles and new laws. Some
of the old rules were removed, some remained unchanged.

d) History of Maritime laws in India

The history of maritime law in India dates back centuries. Although we do not have a maritime
policy, India has certain rules and regulations regarding maritime activities due to its rich
maritime history in domestic and foreign trade. It is seen from many historical documents that in
the early times many merchants and merchants came to India to do various businesses.
Therefore, many laws, rules and regulations have been created for the smooth functioning of the
maritime industry. Like other countries, maritime law in India has evolved significantly in
recent years. In the early days, the supremacy of maritime law in India belonged to the British.

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 Components of Maritime Law

Maritime law is accepted as a body of law covering public and private issues, fundamental
rights and procedures, national and international law, and has its own court and judiciary.

a) Maritime lien
Maritime liens are one of the most important aspects of maritime law. A maritime certificate is
considered a maritime document in civil law. This is one of the best and most important aspects
of maritime law. A maritime lien is a claim filed against a ship that may be forced or compelled
to seize certain goods or related goods. While these regulations provide free loans to ships, they
also exist to ensure that shipowners do not pay off their debts without paying the guarantee
provided. The marine certificate gives the property the right to deal with the services provided
to it or any damage caused to the property. This policy will remain in effect regardless of any
change of ownership. It is not necessary for the debtor to keep the boat to benefit from this
opportunity. Marine liens are often called "barnacles" attached to the hull of the ship because
they are specifically associated with the ship, even if ownership changes.

Article 4 of the 1993 International Convention on Maritime Liens and Mortgages defines the
concept of shipping rights, which lists claims that may have to secure the value of the ship. This
lawsuit can be filed against the ship's owner, bareboat charterer, captain or crew. This fraud
gives the person the right to sell the boat, allowing him to pay off his debt for the boat.
Cessation of control of the vessel will result in loss of the right to make a claim. It should not be
forgotten here that the complete loss of the ship will cause the ship to lose its importance.
Additionally, the applicant is not required to be registered for sea passage.

b) Shipping charters

In addition to warships, yachts and many service ships, the duty of ships is to carry goods and
passengers. The passenger transport industry lost its importance during the "aircraft age", but
cargo continues to develop as the world economy expands.

Most water transportation contracts are evidenced by a charter party or bill of lading. The term
charterparty (a variant of the Latin cartapartita, or "sub-charter") is used to describe three types
of agreements for the use of a ship owned or controlled by another party. Under a "bareship" or
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"bareboat" charter contract, the owner transfers ownership of the ship to the charterer, who hires
the captain and crew, arranges for repairs and equipment, and generally performs business also
during the performance of the charterparty. as a ship owner. A more common arrangement is the
"time" charter, in which the shipowner hires a captain and crew and the charterer receives only
the right, within certain limits, to manage the movement of the ship and determine how the
cargo is transported during the charter period. . In both bareboat and time charters, the renter
pays an hourly, daily or monthly fee for the use of the boat.

The third is the "travel" charter, which is essentially a freight or transportation contract. Most
voyage charter parties provide cargo for all cargo on a voyage or series of voyages, but
sometimes the charterer contracts for the use of only a portion of the ship's carrying capacity; In
this case, the management contract is described as a “location” contract. . In a voyage charter
party, a bill of lading is usually issued by the shipowner or his agent to the shipper (usually the
charterer), but between the shipowner and charterer the voyage charter party is still the
controller of the contract of carriage; The bill of lading serves only as a document of receipt and
title to the goods. Ocean freight rates are usually determined by the order form; that is, they
must be sent by order of the sender or another named person. Bills of lading may be endorsed in
the same manner as checks, drafts, or other negotiable instruments. Eliminate any defects that
are not visible on the bill of lading.

c) Limitation of liability
A very important provision of maritime law is that in some tort and contract claims the
shipowner or other person may choose to limit the shift of liability. In some countries, the limit
is determined by the value of the boat and the income earned from the voyage in which the
injury occurred. However, personal injury and wrongful death claims are outside the scope of
the arbitration process. Instead, some countries have ratified the 1957 Brussels Liability
Convention or passed new national laws setting the limit at £28 or equivalent, and then take that
limit from the change of ship, regardless of the value of the ship. is the real price. What is
required to benefit from this rule must be ignorance or lack of knowledge. In short, the person
requesting this should not have any real crime or connection. The term "actual negligence"
means that a person who enjoys the privileges of this principle has the right to limit his liability;
but only in the case of its crew, for example, the owner of the ship should not be neglected

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 d) Collision liability
In maritime law, liability for accident damage is based on the principle of negligence. It states
that a shipwreck will not be liable for damages caused by a shipwreck to another ship or a fixed
object such as a bridge or pier, unless the reason behind the collision is inadequate or good for
shipwrecks. Navigators can also be held liable if they act negligently or intentionally. Generally,
the burden of proof rests with the ship.

e) Salvage and general average

Storage and general neutrality are special concepts of maritime law. According to the salvage
law, a foreigner engaged in a maritime enterprise who successfully saves maritime property
from loss or damage due to danger at sea or in other waters is entitled to be rewarded for his
efforts and is accordingly responsible for the salvage. equipment. Many factors will be taken
into account to determine the value of the award, including level of effort; the skill and power
seen by the savior; relevant financing, including the cost of the boat or other equipment used by
the rescuer in the operation. services; The value of the ship, cargo or other property is retained;
the risk required of the rescuer; and the degree of danger to the salvaged property. Averaging
(defined at the beginning of this article) is the generally accepted principle, although there is
some pressure for it to be abolished, mainly because calculation Funds and other costs involved
in administering the average are often disproportionate to the funds involved. Because
sometimes the same company insures both the ship and the cargo.

f) Marine insurance
Understanding the role marine insurance plays is crucial to understanding the marine industry
and the specific laws that govern it. Most boat owners take out boat insurance for their boats and
protect themselves against third parties with "protection and indemnity" insurance. Cargo
transported by water is almost universally insured with marine peril insurance. It is not possible
to analyze the more complex and specific issues in marine insurance policy in such a brief
summary. Most of the damage to the ship or cargo was resolved through mediation between
insurance companies. Changes to maritime law should always be considered under insurance,
because liability without liability could protect everyone but the rich on the ocean from trade
barriers

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Different concepts under maritime law

a) Ship registration
Ship registration is the process of providing information about the nationality of a ship. The
purpose of ship registration is to determine the nationality of the ship and further control the
cargo. It binds a particular ship to the state and in doing so gives the state the right to protect the
ship under international law.

When a ship receives a citizenship certificate, the ship can go anywhere in the world where the
citizens of that country want to go. All ships must be registered in a particular country. Ships
comply with the laws of the country in which they are registered.

b) Flag state
"Flag State" is the term used to refer to the country in which the ship is registered. The flag state
took control of the ship. In addition, for countries that have signed international agreements, flag
states are required to regularly inspect ships and provide certification to ships and their persons.
The flag state also issues certificates related to safety and environmental protection. "Registry"
is an organization authorized to register boats and certify their compliance with the legislation.
The nature of the registration, i.e. private, state or a combination of both, depends on the
country's legislation. In some cases, the government authorizes third-party organizations to
handle the ship registration process.

c) Ship arrest
The ship was certified. There is a rule in the Maritime Law that imposes restrictions on the
movement of a ship or business from a ship until further instructions from the relevant court. It
is the process of arresting a ship in order to make a judicial decision by following the judicial
process. However, it is important to note that the arrest of the ship does not require the arrest of
the ship during the execution or execution of the order.

An arrest warrant may be issued against a ship for various reasons. Officers assigned to this task
may arrest the ship after following the legal procedures prescribed by maritime law. The search
warrant also includes an examination of the ship. Inspection of vessels may refer to crime and
other events, such as accidents, rescues, loss of life, personal injury, damage to property, crime,
laws, regulations, health or safety laws and regulations.
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 d) Recreational boating
The term "recreational boat" refers to any boat used or capable of being used for transportation,
including lifeboats, temporary boats, lifeboats and other boats. The recreational boating industry
causes hundreds, if not thousands, of injuries and deaths each year. It is worth noting that these
boats are mostly used for non-commercial purposes. However, the same rules that apply to
commercial ships also apply to non-commercial ships. If these non-commercial vessels violate
navigational laws or maritime laws, they must comply with the laws specified in the maritime
laws. Accidents, collisions and rapid landings are some of the situations that can have serious
consequences for people on board.

e) Transit passage rights

Transit passage is an idea in maritime law that gives freedom of movement to ships or aircraft,
thus giving them the freedom to navigate or fly smoothly, continuously and quickly to pass
through sloping straits. maritime zone or special economic zone. However, there is an exception
to the right of passage, that is, if an island is built between the Strait country and the mainland,
and if the island has a coast to the sea, then the law is valid. Transportation application is not
valid.

All military and commercial vessels have the right of passage without impeding international
navigation in normal operation, without the need for notification or approval from neighboring
countries. In reference to surface ships and submarines, the term "static operation" means that
surface ships can safely navigate shipboard while submarines travel underwater. Neighboring
countries are not allowed to delay the ship's journey for non-essential reasons, such as military
operations. Additionally, states may not enact laws or regulations that interfere with or interfere
with the right of transit.

International conventions on maritime law

In order to establish maritime laws and ensure better management and enforcement of these
laws, the United Nations (UN) has established an organization called the International Maritime
Organization. The organization was established by the United Nations as a specialized agency to
manage shipping safety and prevent marine pollution from ships. The International Maritime
Organization has held a series of meetings in order to fulfill the duties assigned to the
organization. The establishment of IMO in 1948 played an important role in the development of

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many important international maritime laws.

The most important meetings held by the International Maritime Organization and the United
Nations are:

a) United Nations Convention on the Law of the Sea

The United Nations Convention on the Law of the Sea was signed in 1982. Jurisprudence is a
legal system that deals with the rules regarding the world's oceans, thereby creating law and
order. It also sets the rules governing the use of marine resources. Maritime Law is a
compilation of traditional laws regarding the use of the sea and many new legal concepts and
institutions relevant to contemporary issues and problems related to ocean water. Additionally,
the law provides a legal framework for the further development of various areas of maritime
law. This is an international agreement signed by many countries around the world that contains
a set of guidelines for maritime trade, the marine environment and the management of marine
resources.

b) Safety of Life at Sea (SOLAS) Convention

The "Safety of Life at Sea" Conference is considered one of the most important conferences in
the maritime industry. The most important issue in the maritime industry is the safety of ship
crew and members. The above meeting was created based on this. The Convention establishes
minimum safety requirements for the construction, equipment and maintenance of ships. There
are 14 sections in the law that outline various security requirements. However, the Agreement
does not apply to all ships. The Convention applies only to ships operating in international
waters and does not cover warships, ships of less than 500 gross tonnage, light ships, wooden
ships, non-commercial ships and fishing vessels. Therefore, the ships in the above list will not
be responsible for non-compliance with the rules and regulations contained in the SOLAS
Convention.

c) Maritime Labor Convention (MLC)

The Maritime Labor Convention sets minimum standards for seafarers' work on ships. This
balances the requirements and guidelines that must be applied and includes provisions such as
employment contracts, wages, level of work, holiday time, holiday entitlement, reinstatement,
shipwreck or drowning compensation, etc. It is an internationally recognized agreement that sets

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minimum standards on issues. work and skills. According to the provisions of the contract,
seafarers are required to receive training before starting to work on the ship in order to avoid
problems arising from ignorance in the future. The contract also ensures that passengers will be
provided with alternative accommodation. The agreement also sets some standards for periodic
risk assessment. It is worth noting that the Convention does not apply to groundwater.

d) Standards of Training, Certification, and Watchkeeping (STCW) for Seafarers

Convention
The Convention sets minimum qualification standards for seafarers or ship crew and persons on
board and is called the "Convention on Standards of Training, Certification and Watchkeeping
for Seafarers". The Convention sets standards for the training, certification and supervision of
seafarers. The seaman then issues a certificate from an approved source. It is worth noting that
when a ship visits a country that is party to the Convention, the Convention also applies to non-
party states. The contract is valid for all ships larger than 24 metres.

e) The International metersConvention for the Prevention of Pollution from Ships

(MARPOL)
The conference was created to combat marine pollution from ships. The Convention lists many
rules and regulations to protect the environment from pollution from ships. The contract
includes protection against contamination resulting from unregulated or unprofessional
applications. It also established a process for regular abandonment and cleaning of boats. The
Convention also provides for the establishment of standards regarding the stacking, handling
and transfer of dangerous goods.

Conclusion

In summary, the concept of maritime law has emerged as a strong basis, but it cannot regulate
many activities taking place at sea and on the shore in a limited way. From ancient maritime
civilizations to modern international conventions, maritime law continues to evolve in response
to the ever-changing needs and challenges of maritime commerce, navigation and security.
From establishing the principle of freedom of the seas to solving environmental protection and
maritime security issues, maritime law plays an important role in shaping the world's maritime
space. As we navigate today's world of global progress, technological development and
increasingly complex environmental challenges, ocean law remains a beacon of quality safety,
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ensuring the safety, efficiency and use of our oceans and waters. Going forward, strengthening
international cooperation, strengthening the rule of law, and promoting fair and inclusive ocean
governance will be key to overcoming emerging challenges and protecting the interests of all
stakeholders. By accepting the principles of ocean law and promoting the values of fairness,
justice and safety, we can show the way to a better future for the shipping industry and society
as a whole.

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