Admiralty law

Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.

Admiralty law may be distinguished from the law of the sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters, and the maritime relationships between nations. The United Nations Convention on the Law of the Sea has been adopted by 167 countries and the European Union, and disputes are resolved at the ITLOS tribunal in Hamburg.

Seaborne transport was one of the earliest channels of commerce, and rules for resolving disputes involving maritime trade were developed early in recorded history. Early historical records of these laws include the Rhodian law (Nomos Rhodion Nautikos), of which no primary written specimen has survived, but which is alluded to in other legal texts (Roman and Byzantine legal codes), and later the customs of the Consulate of the Sea or the Hanseatic League. In southern Italy the Ordinamenta et consuetudo maris (1063) at Trani and the Amalfian Laws were in effect from an early date.

Additionally, maritime law regulates registration, license, and inspection procedures for ships and shipping contracts; maritime insurance; and the carriage of goods and passengers.

The IMO (established in 1948 as the Inter-Governmental Maritime Consultative Organization, and coming into force in 1958) is responsible for ensuring that existing international maritime conventions are kept up to date, as well as developing new agreements as and when the need arises.

Today, there are dozens of conventions regulating all aspects of maritime commerce and transport. The IMO names three conventions as its core:

• The International Convention for the Safety of Life at Sea
• The International Convention for the Prevention of Pollution from Ships
• The International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers

On its website, the IMO has a complete list of existing conventions, historical amendments, and explanatory notes.

The governments of the 174 IMO member states are responsible for the implementation of IMO conventions for ships registered in their nation. Local governments enforce the provisions of IMO conventions as far as their ships are concerned and set the penalties for infringements. In some cases, ships must carry certificates onboard to show that they have been inspected and have met the required standards.

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Ship owners will often register their ships in countries that allow foreign registration. Called “flags of convenience,” the foreign registration is useful for tax planning and to take advantage of lenient local laws. Two examples of “flags of convenience” countries are Panama and Bermuda.