Every once and while I will read a FB post comment where someone has mentioned or referenced maritime law. What I have found in every reference of maritime law is that the commenting author really doesn’t understand what they are talking about and doesn’t have a clue on the meaning or understands maritime law.
Therefore, I would like to take this opportunity to better educate my readers in the event they may want to refer to maritime law; and in doing so, know what the “heck” they are talking about.
Let’s first start with the following: There are two laws; Maritime Law (or Admiralty Law) and Law of the Sea. These two body of laws are distinct and separate from one another.
Maritime law is applied domestically. Focusing on personal injury and property damage to and by corporations and/or individuals on navigable waters.
Law of the Sea is a body of laws, treaties, international agreements and customs that apply to all nations.
Another term that gets thrown around when discussing or referencing Maritime Law is “international waters.” To properly understand international waters, we need to start with a “waters” definition.
This water definition list is very basic and simplistic.
Inland Waters (lakes, rivers, basins, bays, archipelagic)
Baseline Waters (In simple terms, intercoastal water, imaginary straight line from one side of a mouth of a river or bay to the other, or where tide can cover land)
Territorial Sea (12-nautical-mile water boundary that follows the contour of the baseline waters)
Contiguous Zone (Extra 12-mile territorial sea boundary some countries, like the U.S. can enforce domestic laws concerning pollution, customs, immigration and taxation)
Exclusive Economic Zone (200-nautical-mile boundary for exclusive rights, fishing, mining, oil etc.)
Continental Shelf (Seabed, land, 200-nautical-mile boundary). A coastal nation has control of all resources on or under its continental shelf, living or not, but no control over any living organisms above the shelf that are beyond its exclusive economic zone.
Now that we have a definition of waters…
International waters are the waters beyond the territorial sea (12-nautical miles)
However, the U.S. adopted the additional 12-mile contiguous zone where the U.S. extends a “limited” enforcement of its rules that it can enforce on its territorial sea. Meaning, all the laws and rules enforced on the territorial sea; only some laws and rules can be enforced in the contiguous zone (e.g. drug trafficking, sanctuary, immigration, terrorism, etc.).
Side Note: International waters should not be confused with International Rules when discussing COLREGS. In all cases, the COLREGS demarcation line that separates international rules from inland rules are well within territorial waters.
Have you ever wondered why cruise and other ships operating in the U.S. are flagged (registered/documented) in a foreign country? Once you go beyond 12-nautical-miles, the vessel is no longer under the jurisdiction of the U.S.; and therefore, follows the jurisdiction and laws of the country that the vessel is flagged. This is a practice that is common as some of the countries that cruise ships are flagged under have much less stringent safety regulations and labor laws. Think of how many employees work on a cruise ship. For example, under a U.S. flag the cruise ship would be required to pay minimum wage $7.25 per hour; whereas in the Bahamas its $5.25 per hour and Grand Cayman is $4.50 per hour. In simple math; the average number of service-based employees on a cruise ship is 200. Therefore, 200 employees working 40 hours $58,000.00 a week in wages flagged under U.S. Whereas the amount would be only $36,000.00 flagged on the Grand Cayman (with a lot less labor and safety protections for the employee).
Once last note: Vessel flagged under the U.S. flag, follow the jurisdiction of the United States Coast Guard in international waters.
Once again, I digressed, from my main topic.
So back to Maritime law.
It has been my experience that most people in conversations and comments misapply the term maritime law. What they are trying to convey (albeit incorrectly) is Law of the Sea.
And since this article is about Maritime Law, that is what I am going to focus on.
In the absolute simplest way to convey to the layman on what Maritime Law really is (and probably a discredit to those that work in the industry) Maritime Law is the personal injury, pollution, license and credentials, employment) laws (civil and criminal) for those that work on navigable waters.
For most, that explanation may be enough and there is no need to read further. However, for those that want to more detail…keep reading.
Maritime law is separate, distinct and independent from federal or national set of laws. The United Nations (UN) created the International Maritime Organization (IMO) to establish the framework and regulations for safe and sustainable international traveling and shipping. The IMO has issued numerous conventions that can be enforced by the Coast Guard and Navy of countries that have signed the treaty outlining these rules and has been the driving force for structuring the maritime industry. Simply put, the IMO is held responsible for the security of all international shipping.
Maritime Law sits on four pillars of international conventions which have been put in place to mandate requirements and standards surrounding safety procedures, pollution prevention practices, seafarer training and qualification, and labor laws of the maritime industry.
The Four Pillars of the IMO:
SOLAS | MARPOL | STCW | MLC
SOLAS
Safety of Life and Sea, considered the most important of the 4 pillars, was created as a result of a catastrophic maritime accident on April 12, 1912. Of course, I am referencing the sinking of the R.M.S. Titanic. In short, the Titanic did not have enough lifeboats to service the number passengers. The Titanic could support 48 lifeboats (which would have been more than enough) but chose to only install 20 due to White Star Lines making a decision that the extra lifeboats would have cluttered the main deck.
SOLAS sets minimum safety requirements for the construction, equipment, and operation of merchant ships. Certificates (referred to as a COI or certificate of inspection) are issued to a ship to confirm that these standards have been met.
MARPOL
Marine Pollution was created as a result of the Torrey Canyon disaster in 1967 which ran aground between UK’s Land's End and the Isles of Scilly, leaking more than 28 million gallons of crude oil into the sea. This disaster was the biggest oil spill to date and was the tipping point which put in motion the development of a convention to address pollution prevention. As an FYI, Deepwater Horizon leaked more than 210 million gallons and the Gulf War Oil Spill was twice the amount of Deepwater Horizon.
In addition to setting standards for the discharge and cleaning processes of operational shipping waste, the MARPOL Convention also sets standards for the stowing, handling, and transfer of hazardous cargoes. Additionally, those countries that are signatory flag states incorporate MARPOL requirements into domestic law.
Anyone who has ever stepped foot on a vessel that was at least 7 meters (26 feet) long will see a MARPOL placard. This placard depicts the contents and the range where vessel can discharge waste and other products. For the inquiring minds, oil and plastic can never be discharged in the water. Nothing can be discharged or dumped with 3 miles of shore. The rest of the materials can be discharged so long as its treated and you are at least 12 miles out (beyond the territorial boundary).
STCW
Standards of Training, Certification and Watchkeeping sets minimum qualification standards for personnel and crew of all levels on board a ship, including masters, officers and watch personnel regardless of country or citizenship. Previously the standards of training, certification and watchkeeping of officers and ratings were established by individual governments, usually without reference to practices in other countries. As a result, standards and procedures varied widely, even though shipping is the most international of all industries. Like the other pillars, the main purpose of the international convention is to promote safety at sea, alongside the protection of the marine environment.
In the simplest explanation, all commercial mariners must have STCW certification. This certification covers fire prevention, firefighting, personal survival techniques, personal safety and social responsibility, first aid and CPR.
MLC
Maritime Labor Convention sets out minimum standards for mariners working on a ship. Think of this as your Human Resources pillar of maritime law. This is a comprehensive convention to protect the working man such as working conditions, pay, hours of rest, vacation, repartition (how you get home if you’re not at home port), career and skills development, etc.
The MLC also ensures mariners have access to acceptable accommodations, recreational and medical facilities, when living on onboard.
Most common reasons why mariners will file a maritime lawsuit
-- Injuries that occur due to oil or gas slip and falls.
-- Faulty or poorly maintained equipment that leads to serious injuries.
-- Direct assaults by coworkers, crew members, or the employer.
-- Injuries that occur because the employer failed to provide adequate training.
-- A denial of maintenance by the employer or owner of the vessel.
Who enforces maritime law? The United State Coast Guard is the primary lead for enforcement with both the authority and capability to enforce national and international law on the high seas, outer continental shelf, and inward from the U.S. Exclusive Economic Zone to inland waters.
One last comment...
Maritime law has nothing to do with vessel right-of-way, wakes, damage to recreational vessels, etc.; unless it specifically falls under one of the 4 main categories.
Think Maritime law in the same way you would think of international law, that way when you reference the term “maritime law,” you now know a lot more that the FB bozos who reference maritime law in the post comments.
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