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    Introduction To Maritime Law

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    SUNIL DUTT
    Maritime law is one of the oldest branches of international law dating back to antiquity. As international commerce by sea expanded, nations recognized the need for agreements to resolve disputes over ships, crews, and cargoes. Early maritime law developed from customs and was later incorporated into Roman civil law. After a disruption following the fall of Rome, maritime law was further developed in the Middle Ages through codes like the Laws of Oleron. Modern maritime law has been heavily influenced by the interests of European states and conventions now comprehensively regulate all aspects of maritime commerce and transport.

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    Introduction To Maritime Law

    Uploaded by

    SUNIL DUTT
    337 views2 pages
    Maritime law is one of the oldest branches of international law dating back to antiquity. As international commerce by sea expanded, nations recognized the need for agreements to resolve disputes over ships, crews, and cargoes. Early maritime law developed from customs and was later incorporated into Roman civil law. After a disruption following the fall of Rome, maritime law was further developed in the Middle Ages through codes like the Laws of Oleron. Modern maritime law has been heavily influenced by the interests of European states and conventions now comprehensively regulate all aspects of maritime commerce and transport.

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    Introduction to Maritime Law

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    Maritime law is one of the oldest branches of international law dating back to antiquity. As international commerce by sea expanded, nations recognized the need for agreements to resolve disputes over ships, crews, and cargoes. Early maritime law developed from customs and was later incorporated into Roman civil law. After a disruption following the fall of Rome, maritime law was further developed in the Middle Ages through codes like the Laws of Oleron. Modern maritime law has been heavily influenced by the interests of European states and conventions now comprehensively regulate all aspects of maritime commerce and transport.

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    337 views2 pages

    Introduction To Maritime Law

    Uploaded by

    SUNIL DUTT
    Maritime law is one of the oldest branches of international law dating back to antiquity. As international commerce by sea expanded, nations recognized the need for agreements to resolve disputes over ships, crews, and cargoes. Early maritime law developed from customs and was later incorporated into Roman civil law. After a disruption following the fall of Rome, maritime law was further developed in the Middle Ages through codes like the Laws of Oleron. Modern maritime law has been heavily influenced by the interests of European states and conventions now comprehensively regulate all aspects of maritime commerce and transport.

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    INTRODUCTION TO MARITIME LAW

    Introduction

    1. The law of the sea is one of the oldest branches of International Law. Sea-
    fearers from the earliest times has known the utility of rules or common practices,
    just as much as they have spawned marauders and pirates. The relationship of man
    with oceans which occupy about two third of the earth surface, is as old as the man
    himself. In the quest for shaping and sharing of the various resources, man has
    invariably turned to the oceans from the very beginning. Toady apart from commerce,
    culture, fishing and international intercourse, coastal/ archeologic states look to
    oceans for many other important purposes viz. the vital role of oceans for enhancing
    powers and security of the respective states, the human inhabitant and the
    environmental surrounding the oceans, the advancement in ocean-science and
    technology and its economic potential and exploitation/ conservation/ management of
    the oil and gas resources.

    2. There have been conflicting interests of the world community in sea, which the
    law of the sea has been trying to reconcile since long for the benefit of all the
    stakeholders. No other part of International law has seen so much of successful
    codification. Leaving aside the Hague Codification Conference (1930) where the
    breadth of the territorial sea was one of the three subjects forming the agenda, the
    post-world war-II period itself saw three international conferences to settle the older
    questions pertaining to the laws of the sea and to legislate new ones gaining
    prominence as a impact of science and technology on the use of sea.

    History

    3. The origins of maritime law go back to antiquity. Because no country has


    jurisdiction over the seas, it has been necessary for nations to reach agreements
    regarding ways of dealing with ships, crews, and cargoes when disputes arise. The
    earliest agreements were probably based on a body of ancient customs that had
    developed as practical solutions to common problems. Many of these customs became
    part of Roman civil law. After the fall of the Roman Empire, maritime commerce was
    disrupted for about 500 years.

    4. After maritime activity was resumed in the Middle Ages, various disputes arose
    and laws were formulated to deal with them. Gradually the laws of the sea were
    compiled; among the best-known collections of early maritime law are the Laws of
    Oleron and the Black Book of the Admiralty, an English compilation prepared during
    the 14th and 15th centuries.

    5. “Mare Liberum” is known to be the first systematic book on International Law


    having brief insight to discussions on sovereignty, freedom of navigation, and
    International trade. It is quite apparent that modern International Law has been
    widely influenced by the common interests of the European states. There is great
    substance in this statement that the principles of the modern International Law of
    the sea have been kept and strengthened in accordance with the needs of the
    European states. Only after England stood as the supreme naval power in Europe and
    Asia in the first half of the nineteenth century, modern law of the sea really developed.

    5. Today, there are dozens of conventions regulating all aspects of maritime


    commerce and transport. The IMO names three conventions as its core:-

    (a) The International Convention for the Safety of Life at Sea


    (b) The International Convention for the Prevention of Pollution from Ships
    (c) The International Convention on Standards of Training, Certification,
    and Watchkeeping for Seafarers

    3. Maritime Law is a branch of law relating to commerce and navigation on the


    high seas and on other navigable waters. Specifically, the term refers to the body of
    customs, legislation, international treaties, and court decisions pertaining to
    ownership and operation of vessels, transportation of passengers and cargo on them,
    and rights and obligations of their crews while in transit.

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