how to be a law of the sea lawyer

What is law of the sea?

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What do you need to know about maritime law?

Sep 24, 2020 · The law of the sea comprises the rules governing the use of the sea, including its resources and environment. It is one of the principal subjects of international law and is a concoction of the treaty and established or emerging customary law. The law of the sea covers rights, freedoms and obligations in areas such as shipping, territorial seas ...

When was the first international law on the sea signed?

Jul 17, 2017 · At the Krist Law Firm P.C., our Houston maritime injury lawyers have built our reputation on our ability to get our clients the compensation they deserve after an accident–even when their employer’s insurance company and lawyers stand in the way. If you are seeking to recover compensation after a maritime accident, call us today at 281-283 ...

What is the UN Convention on the law of the sea?

Jul 08, 2020 · 1. WHAT IS LAW OF THE SEA. It is a well-known fact that since time immemorial ‘SEA’ or ‘OCEANS’ has been fundamental to human life as it consists of numerous uncontrolled natural resources underneath its vast body of waters. The fact that such a body of waters is shared by all the nations a need was felt to enact rules to regulate the ...

What is it like being a maritime lawyer?

The types of activities that maritime attorneys may conduct include trying cases in court, drafting documents, negotiating agreements and handling complaints about injuries or illnesses caused by various types of marine vessel or sea craft, as well as companies dumping hazardous waste into the sea.

Is Maritime Law lucrative?

Most maritime law jobs in the USA result in lucrative careers, so it's natural that the requirements are steep.

How do I become a maritime lawyer UK?

How to Become a Maritime Lawyer. If you are interested in pursuing a career in Maritime law, you must first obtain a qualifying degree in law or a degree in any other discipline followed by a Graduate Diploma in Law.

What can you do with a maritime law degree?

in Maritime Law can prepare grads for a variety of jobs, including maritime specialists in private law firms, legal analysts at maritime insurance firms, or positions at international bodies.

Is maritime law a good career?

A successful maritime lawyer will be able to make a big salary, albeit burning the midnight oil. Maritime law refers to many laws of other branches like civil, administrative, criminal, etc. and norms of international public and private law.Mar 30, 2020

What is the highest-paid lawyer?

Medical Attorneys Medical lawyers are among the highest-paid types of lawyers and earn one of the highest median salaries in the legal field.

Who writes maritime law?

Congress regulates admiralty under the Commerce Clause of the U.S. Constitution and federal courts have original jurisdiction over maritime matters. This power stems from the Judiciary Act of 1789 and from Article III, § 2 of the U.S. Constitution.Apr 25, 2018

What do maritime lawyers earn?

Master of Studies in Law (MSL), Maritime Studies Jobs by SalaryJob TitleRangeAverageJob Title:Attorney / LawyerRange:R137k - R465k (Estimated *)Average:R249,260

How much do maritime lawyers make UK?

£60,000 per yearThe Lawyer Portal website estimates the average salary of a Maritime/Shipping Lawyer as £60,000 per year in the United Kingdom. According to Law Crossing, the average salary of Maritime/Shipping Lawyers in the United States of America is $118,500 per year.

Why should I study maritime law?

Not many realise that the rules governing the sea vary tremendously from those on land. From issues such as accidents due to colliding fishing vessels, the discovery of sunken treasures, employees' rights while working at sea, to conflicts arising from environmental issues. Maritime law covers them all.Oct 19, 2021

Which country is best for maritime law?

LL. M. in Maritime LawRankSchool1National University of Singapore (NUS) - Faculty of Law2Swansea University - Hillary Rodham Clinton School of Law3University of Cape Town (UCT) - The School for Advanced Legal Studies4University of Oslo - Faculty of Law46 more rows

Is Canada under maritime law?

Canadian maritime law is uniform throughout Canada, and it is not the law of any province of Canada. All of its principles constitute federal law and not an incidental application of provincial law... The substantive content of Canadian maritime law is to be determined by reference to its heritage.

What is the law of the sea?

The law of the sea covers rights, freedoms and obligations in areas such as shipping, territorial seas and waters and the high seas, fishing, wrecks and cultural heritage, protection of the marine environment from problems like piracy and also proves to be a valuable asset for dispute settlement.

How many nautical miles is the territorial sea?

Territorial Sea: (PART II, SECTION (2)): The territorial sea reaches out to twelve nautical miles from baselines. The nations along the coasts have right over it along with the rights over the ocean floor, subsoil, and airspace. Contiguous Zone: The contiguous zone covers 24 nm measured from the baseline.

How much of the Earth's surface is covered by oceans?

Earth has oceans that cover up to 72% of its surface. The understanding of the value of oceans is lesser-known to mankind. We all have been aware of the drastic changes taking place in our environment, the pollution gnawing at the very thing that is important for our survival. Not only the mere trade, economic activities carried about in these ...

When was UNCLOS adopted?

After much debate and knowing the weightage of the fact that, the ocean is supposed to be a resource which, without governing laws would be exploited thereby, resulting in eradication of its value, UNCLOS, was adopted in the year 1982 . The UNCLOS included issues such as fishing and marine research.

What is the baseline of a territorial sea?

Baseline: Baseline is defined as, low- water line by the side of the coast, which is acknowledged by the nation along the coast. Internal waters are waters on the landward side of the baseline from which the breadth of the territorial sea is measured.

Is maritime law the same as law of the sea?

Etymologically, maritime law and “law of the sea” are identical. However, the former term is generally applied to private shipping law, whereas the latter, usually prefixed by “international,” signifies the maritime segment of public international law. The law of the sea comprises the rules governing the use of the sea, ...

What is the right of innocent passage?

Innocent passage refers to travelling through the part of the ocean where there is security and peace. Although, states have the right to remove the right of innocent passage.

What is the law of the sea?

The Law of the Sea, on the other hand, is a body of laws, customs, and international agreements that apply to all nations. This means that if you are an injured sailor, longshoreman, or oil rig worker, maritime law will be relevant to your case as you seek compensation from your employer.

When was the law of the sea codified?

These rules and principles were developed over centuries until being codified in the 1994 United Nations Convention on the Law of the Sea, or “UNCLOS.”. The United States did not ratify the convention, although it recognizes UNCLOS as a part of customary international law and generally follows its rules. Specifically, the law of the sea deals ...

What is maritime accident law?

Maritime Accidents, Maritime Law. Posted by: The Krist Law Firm, P.C. Maritime law and the law of the sea have almost nothing to do with another, despite the proximity that their names imply. Maritime law is domestic, whereas the law of the sea is international. United States Maritime law deals with injuries and property damage ...

What is the OCSLA?

The Outer Continental Shelf Lands Act (OCSLA) –Under this act, injured oil rig workers and other non-sailor professionals who work in the United States EEZ can get compensated if they are injured on the job. Maritime law in the United States is complex and distinct from other kinds of personal injury law, which are governed by state law.

What is maritime law?

Maritime law in the United States is complex and distinct from other kinds of personal injury law, which are governed by state law. If you or a family member has been injured in the performance of maritime trade, you should consult with a Houston maritime lawyer about the best way to seek recovery.

What is the Jones Act?

Today in the United States, much of the traditional principles of maritime law has been codified into the following statutes: The Merchant Marine Act of 1928 –More commonly known as the Jones Act, this law gives injured seamen the right to sue negligent ship-owners for their injuries. The act also mandates that American ships with American crews ...

What is the law of the sea?

The modern law of the sea has emerged from the customary international law regime based on the principle of ‘Freedom of the seas’ prevalent in the mid-17th century . A Dutch lawyer ‘HUGO GROTIUS’ in his famous book titled ‘Hugo Grotius, Mare Liberum’ advocated the principle of ‘Free Sea’. According to the said principle, the sea was to be considered to be free and open to use by all countries. No nation can claim its sovereignty over the sea and no right is given to any nation to claim things which may be used by everybody and are exhaustible. Therefore, he claimed that oceans were open to navigation, trade and fishing by all. With the passage of time, many maritime powers started to gain consensus over asserting sovereignty rights over the waters immediately adjacent to its coasts. UK & France claimed the 3-mile territorial sea zone in the 17th century which was based on a ‘cannon shot’ rule propounded by the Dutch Jurist Bynkershock. The said rule was based on a rationale that the limit of territorial waters can be determined by firing a cannon in the open sea and the distance covered by such a cannon shall be the limit over which the state could govern its sovereignty. Later stats such as Russia came up with their own limit of 12- mile fishing zone in the early 1900s.

Why did the codification of the law of the sea increase?

As many nations made claims to protect their economic and military interests over the seas, the stress for the codification of the ‘law of the sea’ increased so as to resolve maritime issues and strive uniformity among the nations with respect to the oceans.

What was the 3rd UN conference on the Law of the Sea?

The 3rd UN Conference on the Law of The Sea addressed most issues of concern. The said conference attempted to produce a single document on the Law of the Sea which would serve as a ‘package deal’ covering all the aspects of the law of the sea. The whole experience of the conference is termed as the largest and most technically complex as it’s work was conducted in three committees dealing with various issues concerning the ocean and marine resources, legal regime for the deep seabed beyond the limit of national jurisdiction, various zones, protection for the marine environment, etc. The conference was based on ‘General Consensus’ which means a negotiation mechanism would be adopted to obtain the general agreement of all the participating nations instead of the vote, thereby excluding reservations to the Convention. The conference adopted a ‘Group Approach’ wherein discussions were held with a variety of delegation groups having common interests. It took almost 10 years for the conference to conclude the work and a total of 16 years to adopt the Law of the Sea Convention. The treaty on ‘Law of the Sea’ was adopted by the Conference on December 10, 1982, in Montego Bay, Jamaica after being ratified by 117 states. About 130 states voted in favor, four nations ( USA, Israel, Turkey, and Venezuela) voted against while seventeen nations abstained from voting. The treaty came into force in November 1994 after achieving the requisite number of signatures. Presently, there are around 168 signatories to the Treaty along with the European Union. The treaty is a comprehensive code of rules of international law on the sea comprising 320 articles and 9 Annexes. The treaty outlines countries’ territorial claim over water within 12 nautical miles of their coastline, and claims over 200 nautical miles as an exclusive economic zone to conduct scientific research and exploitation of marine resources. The treaty pushed back the long-standing principle of ‘Freedom of the sea’ by placing exceptions to the free use of the sea. However, the treaty does recognize any nation’s control over the area outside the above-mentioned regions. It emphasized the general responsibilities of the signatories towards controlling marine pollution and preserving marine resources. The treaty laid down various regulating authorities such as the International Tribunal for the Law of The Sea, the Commission on the Limits of the Continental Shelf and the International Seabed Authority; to resolve any marine issues.

What is the dispute between Tunisia and Libya?

In the present case, a dispute arose between Tunisia and Libya pertaining to the delimitation of the single continental shelf appertaining to each of them as a natural prolongation of their land territory. Both the states entered into an agreement in June 1977 to let ICJ decide the delimitation of the respective area of the continental shelf. ICJ observed that the principle of natural prolongation could not be applied in the present dispute due to the common continental shelf between the two states, thereby dismissing the application of the equidistance principle. Also, while deciding one of the main issues that whether the Geneva Convention on the Continental Shelf 1958 or the customary International Law shall be applicable in deciding the case, the court answered in negative as none of the parties to the dispute ratifies the said convention and upheld the application of the ‘principle of equity’ , taking into account all the relevant circumstances to delimit the common area of continental shelf shared by the parties.

Why is the sea important?

The sea has always played a vital role by acting as a vast reservoir of resources and a medium of communication. These basic functions prompted the international community to draft rules concerning the use of the sea. The ocean floor has been home to several important minerals such as oil and natural gas playing a major role in meeting the world’s energy needs. Prior to the UNCLOS, the nations used to exploit the principle of ‘Free sea’ by dominating the oceans for their own use which results in disagreements and issues. Thus, the said convention was brought in force to resolve and regulate the International Community’s control over the sea.

What is the baseline of UNCLOS?

4.1 Baseline – Article 5 of UNCLOS prescribes the ‘normal baseline’ as the default baseline which is drawn at the low-water line along the coast, except where otherwise provided in the convention. The other Maritime Zones are measured using the ‘Baseline’ as a base. Simply, it means an outline of the state’s coast. It helps to determine the area of the state’s maritime jurisdiction and its sovereignty by creating a clear demarcation of state’s right over that area. It is an intersection of the plane of low water with the shore.

What is the right of innocent passage?

The right of innocent passage has been recognized as an essential means to accomplish freedom of trade. Such passage is innocent so long as it does not prejudice the peace, good order or security of the coastal state (Art. 19 (1)). The activities which might prejudice the coastal state are such as 1) threat or use of force 2) spying 3) fishing activities etc. (Art. 19 (2). In the 1949 Corfu Channel Case [11], ICJ emphasized on ‘whether the manner in which the passage was carried out was consistent with the principle of innocent passage’. However, such right does not exist for aircraft in the airspace of territorial waters. The coastal states can enact rules governing the innocent passage and prevent the passage which is not innocent.

What is the purpose of the Convention of the Sea?

The Convention comprises an in-depth mechanism for the settlement of disputes, including an International Tribunal for the Law of the Sea. It additionally accommodates the necessary legal settlement of the majority of the debates that may emerge under the Convention, in line with one of the gatherings to the question.

What is the purpose of the delimitation of the continental shelf?

The delimitation of the continental shelf between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution.

What is the law of the sea?

The law of the sea is a body of public international law governing the geographic jurisdictions of coastal States and the rights and duties among States in the use and conservation of the ocean environment and its natural resources. The law of the sea is commonly associated with an international treaty, ...

How many countries have ratified UNCLOS?

At present 133 States have signed and ratified UNCLOS; Canada, Israel, Turkey, USA, and Venezuela are the most prominent among those that have not ratified. This treaty both codified customary international law and established new law and institutions for the ocean.

When was the law of the sea created?

The historical development of the law of the sea is sometimes traced back to a Papal Bull of 1493, which divided the world’s oceans between Portugal and Spain, thereby solidifying Spain’s claim to Columbus’ discovery of the New World. In the early seventeenth century, an important ‘debate’ took place between the Dutch jurist Hugo Grotius, who, ...

What is UNCLOS framework?

UNCLOS is best understood as a framework providing a basic foundation for the international law of the oceans intended to be extended and elaborated upon through more specific international agreements and the evolving customs of States.

When did the law of the sea come into force?

The law of the sea is commonly associated with an international treaty, the Convention on the Law of the Sea (UNCLOS), negotiated under the auspices of the United Nations, which was signed in 1982 by 117 States and entered into force in 1994.

What is maritime law?

Maritime law is the private law relating to ships and the commercial business of shipping. Admiralty law, often used synonymously with maritime law, applies to the private law of navigation and shipping, in inland waters as well as on the ocean.

When did the IMO adopt the SOLAS?

In 1960 , IMO adopted a new version of the International Convention for the Safety of Life at Sea (SOLAS), the most important of all treaties dealing with maritime safety. IMO next addressed such matters as the facilitation of international maritime traffic, load lines, and the carriage of dangerous goods.

Why did international law evolve?

In essence, international law could evolve to accommodate the emerging framework of national jurisdiction over the sea. "Mare clausum" in the European Age of Discovery. As a growing number of nations began to expand their naval presence across the world, conflicting claims over the open sea mounted.

What is Mare Liberum?

Mare Liberum (1609) by Hugo Grotius is one of the earliest works on law of the sea. Law of the sea is a body of international law governing the rights and duties of states in maritime environments. It concerns matters such as navigational rights, sea mineral claims, and coastal waters jurisdiction. While drawn from a number ...

How many states have ratified UNCLOS?

As of June 2019, UNCLOS has been ratified by 168 states. Many of the countries that have not ratified the treaty, such as the U.S., nonetheless recognize its provisions as reflective of international customary law.

When was maritime law created?

History. Among the earliest examples of legal codes concerning maritime affairs is the Byzantine Lex Rhodia, promulgated between 600 and 800 C.E. to govern trade and navigation in the Mediterranean. Maritime law codes were also created during the European Middle Ages, such as the Rolls of Oléron, which drew from Lex Rhodia, and the Laws of Wisby, ...

What is the law of the sea?

Law of the sea is the public law counterpart to admiralty law (also known as maritime law), which applies to private maritime issues, such as the carriage of goods by sea, rights of salvage, ship collisions, and marine insurance .

When did the Convention on the Territorial Sea and Contiguous Zone enter into force?

Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September 1964. Convention on the Continental Shelf, entry into force: 10 June 1964 . Convention on the High Seas, entry into force: 30 September 1962.

What is maritime law?

Maritime law. Law of the Sea should be distinguished from maritime law, which concerns maritime issues and disputes among private parties, such as individuals, international organizations, or corporations.