Admiralty jurisdiction refers to a nation’s authority to hear cases arising from actions on navigable waters. It includes torts, criminal offenses, and contractual disputes. Nations derive this authority from their constitutions or charters. The exercise of admiralty jurisdiction establishes national admiralty law, which is separate from the law of the sea. Courts refine the scope of their authority in decisions. The US has established federal admiralty jurisdiction to ensure uniformity in admiralty law.
Admiralty jurisdiction generally refers to a nation’s authority to hear certain types of cases arising from actions that occur on the high seas or other navigable waters. Some examples are cases such as torts or criminal offences. Jurisdiction could also extend to contractual disputes relating to maritime law, such as contracts relating to the payment of seafarers’ wages, the carriage of people or goods, maritime liens or marine insurance policies.
To exercise jurisdiction, a nation typically must have the ability to exercise control over the persons or property and subject matter of the dispute. If a court does not have specific jurisdiction over a person or the property, then the court will not be able to rule on claims. These same general principles are true of nations exercising admiralty jurisdiction.
The exercise of admiralty jurisdiction establishes the law of the admiralty, which should not be confused with the law of the sea. International law establishes the law of the sea and regulates relations between nations with respect to the sea. The law of the sea could include navigation rights, exploitation of the sea’s resources, mineral rights and jurisdiction over coastal waters.
Nations that assert admiralty jurisdiction usually derive that authority from their constitutions or charters. Australia, for example, has its source of admiralty jurisdiction from the Colonial Courts of Admiralty Act, which was passed in 1890. This act defines the scope of Australia’s jurisdiction. It also establishes which judges will exercise that jurisdiction.
The United States established its admiralty jurisdiction under its Constitution. It authorizes its federal courts to exercise that jurisdiction. The United States’ decision to confer such jurisdiction on its federal courts ensures a uniform body of admiralty law to promote commerce. It also avoids the problem of each of its states developing separate bodies of admiralty law.
Admiralty law develops from nations exercising Admiralty jurisdiction. This type of law governs the dealings of persons or entities operating vessels on oceans or other navigable waters. The character of admiralty law is national for each country because each nation applies its own laws to resolve maritime disputes.
Courts exercising admiralty jurisdiction will refine the scope of that authority in its decisions. For example, US courts have ruled that a party invoking federal admiralty jurisdiction over a tort must meet two separate conditions relating to location and sea. The establishment of this two-part criterion limits the jurisdiction of the court. Prior to this decision, US courts only needed to rule that the tort occurred on navigable waters to enforce their jurisdiction.
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