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by Arvid Bosco 7 min read

What is general maritime law?

General Maritime Law — a common law concept whose origin is rooted in historic sea codes and requires the owner of the vessel to provide the entire crew with transportation, wages, room and board (maintenance), and medical services (cure) for the duration of the voyage.

What kind of law do you practice maritime law?

Maritime/Shipping lawyers are attorneys who specialize in the branch of law affecting navigable bodies of water. Their primary focus is on laws relating to all activities on the sea. They represent their clients in cases relating to shipping, the seas, oceans, and other open bodies of water.

What do marine lawyers do?

A Maritime Lawyer is an attorney that specializes in maritime injuries and boating accidents that occur in both recreational and commercial maritime activities.

What is a maritime lawyer called?

A maritime lawyer, also known as an admiralty attorney, handles legal issues arising from United States maritime law. Maritime lawyers function differently from other terrestrial-based attorneys.

What is the difference between common law and maritime law?

The major difference between a maritime law court and a common law court would be the fact that admiralty law courts conduct trials without any jury. The admiralty judges only apply the maritime laws, whereas the common law is not restricted to only one aspect of law.

What is the difference between maritime law and law of the sea?

United States Maritime law deals with injuries and property damage that occurs as a result of the activities of corporations and individuals in navigable waters. The Law of the Sea, on the other hand, is a body of laws, customs, and international agreements that apply to all nations.

Is Maritime Law Real?

Maritime law, also known as admiralty law, is a body of laws, conventions, and treaties that govern private maritime business and other nautical matters, such as shipping or offenses occurring on open water. International rules, governing the use of the oceans and seas, are known as the Law of the Sea.

Who enforces maritime law?

the US Coast GuardMaritime Law enforcement has fallen in the hands of the US Coast Guard since 1790. They are responsible for all United States waters and waters that fall under the jurisdiction of the United States as well as controlling US borders. The Coast Guard is also able to assist in the enforcement of International agreements.

What are core duties of maritime law?

Maritime law also regulates: Carriage of passengers and goods. Maritime insurance. Procedures for ships and shipping contracts, including inspection, licensing, and registration.

What does maritime mean in social studies?

Definition of maritime 1 : of, relating to, or bordering on the sea a maritime province. 2 : of or relating to navigation or commerce on the sea.

How much do maritime lawyers earn in South Africa?

salary ranges from R 324 000 to R 8 400 000 per year for entry-level positions, whereas those in experience earn more than R 8 400 000 annually.

How can I become a maritime lawyer in India?

To be an eligible candidate for the admission process, the student must possess a bachelor's law degree which could be either BA LLB, LLB or BL from any recognised university. In India, the average course fee for LLM Maritime Law ranges between INR 6,000 - 85,000.

Is law based on maritime law?

Under admiralty, the ship's flag determines the source of law. For example, a ship flying the American flag in the Persian Gulf would be subject to American admiralty law; and a ship flying a Norwegian flag in American waters will be subject to Norwegian admiralty law.

Is maritime law an international law?

International rules, governing the use of the oceans and seas, are known as the Law of the Sea. In most developed nations, maritime law follows a separate code and is an independent jurisdiction from national laws.

What are the 7 types of law?

CLASSIFICATIONS OF LAWPublic and Private Law.Civil Law and Criminal Law.Substantive and Procedural Law.Municipal and International Law.Written and Unwritten Law.Common Law and Equity.

How do you study maritime law?

For admission to the degree of LLM, the student must have completed a bachelor's degree in law from a recognised university. Admission to diploma programmes in Maritime Law is given to candidates who have completed their higher secondary education or class 12th from a school of a recognised board of education.

What are the laws of maritime law?

General maritime law governs a wide variety of activities related to the maritime industry, including protecting workers who get injured while on the job. The following are laws that fall under general maritime law: 1 Negligence 2 Unseaworthiness 3 Maintenance and cure 4 Death on the High Seas Act 5 Jones Act 6 Longshore and Harbor Workers’ Compensation Act (LHWCA)

What is the test for negligence in maritime law?

In other words, they are responsible for not doing what a “reasonable” person would have done under the same conditions. This is called the “reasonable person test” and it is used in most state-based claims. Proving negligence under maritime law involves convincing a judge and/or jury that the defendant failed to take action that should have been taken, or by proving that the defendant did not apply proper safety measures. To recover damages in a maritime law case, you must prove this negligence. Under maritime law, there is also comparative negligence, which essentially means that both the employer and the injured worker could be proven negligent and partially responsible for the accident.

What is the Jones Act?

The Jones Act is a Federal statute passed by Congress in 1921 that provides you with excellent rights if you were working as a ‘seaman’ at the time of your injury. The word ‘seaman’ has a special meaning under the Jones Act. You file a claim under the Jones Act against your employer. The law itself says that your company has to give you a safe place to work, properly train you, properly supervise you, and, in general, watch out for your safety. If one of your co-workers causes your accident, that claim also falls under the Jones Act since your company is legally responsible for their actions while at work.

What is the death on the high seas act?

The Death on the High Seas Act is a federal statute that covers many cases when maritime workers die at sea. It is a very restrictive law, greatly limiting what can be recovered after your death. But for DOHSA to apply certain factors have to be met, and if they are not met, then you can avoid DOHSA.

Negligence Laws

Unseaworthiness Laws

  • Under maritime law, employers are obligated to provide you with a ‘seaworthy’ vessel on which to work. This means the vessel owner needs to make sure all the vessel equipment is operating properly and is ‘reasonably fit for its intended use’.
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Maintenance and Cure Laws

  • Maintenance and cure lawrequires that your employer provide you with certain benefits after a maritime injury at work. Cure benefits First, according to maintenance and cure laws, your employer is required to cover your reasonable medical costs from a doctor you select. This is referred to as “cure.” Cure does not require that the company choose your doctor, but it does hav…
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Death on The High Seas Act

  • The Death on the High Seas Actis a federal statute that covers many cases when maritime workers die at sea. It is a very restrictive law, greatly limiting what can be recovered after your death. But for DOHSA to apply certain factors have to be met, and if they are not met, then you can avoid DOHSA.
See more on jonesactlaw.com

The Jones Act

  • The Jones Act is a Federal statute passed by Congress in 1921 that provides you with excellent rights if you were working as a ‘seaman’ at the time of your injury. The word ‘seaman’ has a special meaning under the Jones Act. You file a claim under the Jones Act against your employer. The law itself says that your company has to give you a safe plac...
See more on jonesactlaw.com