International maritime law covers issues such as private commerce, carriage of goods and passengers, and legal issues that arise at sea. There are common legal concepts such as the treatment of seamen, liens, injuries, and salvage. The “maintenance and care” doctrine requires shipowners to care for injured sailors until they reach maximum medical care. Liens can be placed on a ship for goods or services provided to the owner. Injuries to passengers at sea are treated the same as on land. Salvage laws deal with ownership of anything found at sea. International maritime law has a long history.
There are two basic bodies of legislation that apply to the seas. The first is known as the Law of the Sea and addresses issues of jurisdiction and navigation over the world’s oceans, as well as the relationships between nations regarding bodies of water around the world. The second is international maritime law, or admiralty law, which covers things like private commerce, the carriage of goods and passengers, and legal issues that arise such as injury to sailors or passengers at sea. As with most areas of international law, international maritime law is a complex web of individual legislation enacted in sovereign states and international or multinational treaties.
While individual jurisdictions may enact legislation that applies to international maritime law, there are also a number of international or multinational treaties that have been signed by various nations of the world in an attempt to apply uniform rules to those who frequent the world’s oceans and waterways. As a result, there are some common legal “rules” or concepts that are accepted and applied almost uniformly. Areas where the law is fairly uniform include the treatment of seamen, liens, injuries, and salvage.
For as long as we have accurate records regarding Admiralty law, shipowners have been required to care for sailors who have been injured at sea. Known as the “maintenance and care” doctrine, it requires a shipowner to care for an injured sailor until he reaches maximum medical care. While the precise definition can vary by jurisdiction, this often requires the shipowner to provide extensive medical care and monetary support while the seaman is injured.
Liens for provisions, gas, maintenance, or other goods or services necessary to operate a ship are also something most jurisdictions agree on. Just like a land-based mechanic or contractor’s lien, a lien can be placed on a ship for goods or services provided to the owner. Injuries to passengers at sea are generally treated the same way they would be treated on land. A passenger may be entitled to compensation for his injuries if he can prove negligence on the part of the shipowner.
Salvage laws have also been around for centuries. Immense treasures have been discovered at sea sometimes years, decades or even centuries after a ship sank. International maritime law must deal with who has the right to ownership of anything found at sea. As a rule, the Admiralty Act gives the salvage seeker the right to a salvage award, not rights to ownership of the property itself. The value of the premium will be based on the value of the salvage and the risk taken to recover the salvage in the absence of a prior contract.
Sea travel was basically the first form of mass transit. Ancient mariners were responsible for discovering new lands for their homeland and opening the doors to new civilizations. In the 1800s, sea travel was regularly used to carry goods around the world as well as passengers. As a result, international maritime law actually has quite a long history. For example, both John Adams and Alexander Hamilton, well-known figures in American history, were admiralty attorneys before the American Revolution.
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