Maritime Law...
Maritime Law
Maritime law is the body of law that governs activities on navigable waters, which includes oceans, coastal, and inland waters. It covers commercial vessels and recreational vessels (including personal watercraft [a/k/a PWCs or jet skis], kayaks and canoes). Maritime law covers commercial mariners (vessel crews) and shoreside maritime workers (shipyard or cargo terminal workers). For vessel crews serving aboard U.S.-flag vessels, U.S. maritime law provides coverage under the Jones Act. Maritime law also covers cruise ships.
Maritime law is an international body of law. That means it applies rules codified in MARPOL, STCW, the U.N. Convention on the Law of the Sea, and other international treaties and laws. Maritime law is also national in nature. Nations with a connection to the sea have their own laws and regulations, as well as their own Coast Guards and enforcement agencies. Maritime law is a very old body of law. It traces its roots to Phoenicians, Romans, and other seafaring civilizations. As merchants faced perils on the high seas, they came up with practical legal solutions… many of which remain in effect today as elements the U.S. Code and other rules and regulations. Maritime law has certain quirks that could seem unusual , such as the principle of marine salvage. Another such feature of maritime law is the arcane concept limitation of liability.
In the United States, maritime law is expressly written into the Constitution. Under Article III, Section 2. U.S. Federal Courts are given jurisdiction over "all cases of admiralty and maritime jurisdiction." Admiralty jurisdiction and maritime law apply legal concepts and doctrines that are unique in nature... and in some cases, exclusively maritime. (in addition to the element of admiralty jurisdiction that comes with Article III federal courts, cruise ships introduce the additional element of jurisdiction over crimes at sea).
Maritime law is an international body of law. That means it applies rules codified in MARPOL, STCW, the U.N. Convention on the Law of the Sea, and other international treaties and laws. Maritime law is also national in nature. Nations with a connection to the sea have their own laws and regulations, as well as their own Coast Guards and enforcement agencies. Maritime law is a very old body of law. It traces its roots to Phoenicians, Romans, and other seafaring civilizations. As merchants faced perils on the high seas, they came up with practical legal solutions… many of which remain in effect today as elements the U.S. Code and other rules and regulations. Maritime law has certain quirks that could seem unusual , such as the principle of marine salvage. Another such feature of maritime law is the arcane concept limitation of liability.
In the United States, maritime law is expressly written into the Constitution. Under Article III, Section 2. U.S. Federal Courts are given jurisdiction over "all cases of admiralty and maritime jurisdiction." Admiralty jurisdiction and maritime law apply legal concepts and doctrines that are unique in nature... and in some cases, exclusively maritime. (in addition to the element of admiralty jurisdiction that comes with Article III federal courts, cruise ships introduce the additional element of jurisdiction over crimes at sea).
What is the Jones Act, and who does it cover? The Jones Act is a federal law that covers the rights of commercial mariners injured in the course of their employment. This includes employees on inland tugs, ocean-going container ships and tankers, and commercial fishermen. The Jones Act covers pain & suffering, living expenses and medical expenses. These latter items are known as maintenance and cure. To learn more about the Jones Act and how it serves commercial mariners, with a focus on commercial fishermen, visit the short video shown above.