Entrancing History of Maritime Law

Entrancing History of Maritime Law-

Ms. Akansha Redij (Research & Editorial Team)

What is Maritime Law?

Maritime Law also known as admiralty law, is a body of laws, treaties, and conventions that govern private maritime business and other nautical matters, such as shipping or offenses occurring on open water[1]. It is a fundamental branch of law regulating commerce and navigation on the seas or other navigable waters. It covers a broad spectrum of matters such as the development of legislation, both nationally and internationally, customs and excise regulations, the fishing industry, human rights and employment issues usually relating to the crew, insurance claims, property damage, pollution, personal injuries, wreck and salvage, piracy and container and passenger liner matters, etc.[2]

Origin of Maritime Law

Maritime law was first documented during the period of ancient Egypt. As the trade was flourishing, it was a need to introduce this law so that ships could?travel from port to port with a reasonable expectation of safety and fair trade. Different customs and traditions led local courts and tribunals to be locally biased while taking decisions. Eventually, it became clear that disputes needed to be settled in a single court system.

There were many unwritten customs related to maritime laws, the earliest formal code was established in Rhodes Island in 900 BC. Rhodian sea laws were the reason behind it as they provided detailed rules for carrying out trade and commerce in an efficient manner. The Rhodian Sea Laws established uniform standards for the treatment of merchant ships as they moved from port to port, and it introduced the concept that disputes arising at sea must be decided by “the maritime law of the Rhodians” rather than in local courts or councils. The influence of Rhodian Sea Law was altered with the decline of Greece and the rise of the Roman Empire.?But a uniform code based on Rhodian Law remained and was recognized as essential to peaceful and profitable Mediterranean trade. The Rhodian Law ruled the Mediterranean Sea for more than one thousand years. ?????????

The Rhodian customs were later on levelled up by the Romans. As the Romans made use of the Rhodian laws, special tribunals were created to rule on disputes between vessels, ports, merchants and seamen. There was an incredible development of the use of the standards of Roman law in the recovery of trade. Exceptional courts were set up in the Mediterranean port towns to judge debate emerging among seafarers[3]. Between 1000 AD and 1300 AD, three separate codes of maritime law and court systems were developed in the Mediterranean. The oldest of these was “Consolato del Mare” or the Consulate of the Sea, which was in the centre of the Italian seaport of Barcelona, Spain.

The Consulate of the Sea sought to address all aspects of the customary laws of the sea. It defined specifics regarding ownership of ships, the responsibilities of a shipowner and captain, the “average contribution,” salvage rights, the duties of sailors, and how much they should be paid. Control of the Sea secured different subjects of oceanic industry. Subjects, for example, Vessel Ownership, obligations of group and ace, pay rates of sailors, rescue, cast off, and ideal to stay nonpartisan in the midst of war were altogether specified in this code. It was this code later prompted the development of the best oceanic code in the history – the laws of Oleron.[4]

The early European maritime laws were formalized by 1152 AD due to the budding laws of the sea in the Mediterranean. These laws were-

1.????The Laws of Wisby (Baltic region)

2.????The Laws of Hansa Towns (Germanic region)

3.????The Laws of Oleron (French region)

The laws of Wisby, Hansa and Oleron are considered as “the three pillars” upon which British Admiralty Law was built. Keeping the fundamentals of historic sea law, the Admiralty Courts in England were challenged with the industrial revolution in the last half of the 1700s. The codes were updated for the changes that engines brought to the industry and for growing complexities in international relations as trade became more global.[5]

European admiralty doctrine was well established and became a practical necessity for the new nation. As admiralty cases arose, they became part of American law as well. Maritime law became crucial for the US. In the 18th century, the need for maritime lawyers rose significantly to safeguard the interest of American sailors, seafarers, ship owners, and marine staff[6].

Importance of Maritime Laws in India

Maritime Law deals with the process of transporting goods by sea, rules governing the protection and maintenance of ships at sea, registration, and damage to ships, marine insurance, and so on. It serves a lot of purposes. Maritime cases cover both business and pleasure and include injuries and working conditions at sea, cargo, shipping and trade, and any type of illegal activity that occurs at sea. Maritime law differs from onshore law in that these cases will fall under the jurisdiction of the particular nations depending upon the flags that the ships are carrying.

One of the most important maritime disputes that involved India was the dispute that happened between India and Bangladesh. There were a lot of issues including “exclusive economic zones”, and “delimitation of the territorial sea”. Bangladesh was awarded an area of 19,467 sq. km. of the Bay of Bengal from the disputed maritime borderline with India. In the year 2019, a bill was passed in India. It was called the “Anti – Maritime Piracy Bill”. Further, there is the “Maritime Zones of India Act” of 1981 which deals with certain regulations that have to be followed by the vessels while operating (fishing and related activities) on the seas. Therefore, this act protects the marine environment.[7]

Conclusion

Thus, to conclude it is well settled that Maritime Laws are important globally. These laws help in smooth functioning of sea trade and businesses which plays an important role in development as it is one of the major sources of revenue to the nation. However, it is a reality that there are no strong laws governing vessel upkeep, particularly for those used for trade and the shipment of certain products from India to other countries[8]. This Laws also helps in dealing with the environmental issues.

[1] Julia Kagan, “What is Maritime Law, and Why is it Important”, 03 August 2022, Available at- https://www.investopedia.com/terms/m/maritime-law.asp

[2] Hariesh Manaadiar, “What is Maritime Law and what is its function”, 07 November 2012, available at- https://www.shippingandfreightresource.com/what-is-maritime-law-and-what-is-its-function/

[3] The Intriguing History of Maritime Law, Availabe at- https://maintenanceandcure.com/maritime-blog/the-intriguing-history-of-maritime-law/

[4] Naina Srivastava, Development of Maritime Law, Available at- https://www.ijlmh.com/wp-content/uploads/2019/03/Development-of-Maritime-Law.pdf

[5] Supra 5

[6] Maritime Law, Available at- https://www.wallstreetmojo.com/maritime-law/#:~:text=Maritime%20law%20can%20be%20traced,impartial%20entity%20was%20called%20for.

[7] Lexpeeps, “Outlining the Importance of Maritime Law in India”, 23 November, 2021, available at- https://lexpeeps.in/outlining-the-importance-of-maritime-law-in-india/#:~:text=Maritime%20laws%20serve%20a%20lot,marine%20insurance%2C%20and%20so%20on.

[8] Available at- https://www.tutorialspoint.com/maritime-law-meaning-and-application