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MARITIME LAW ASSIGNMENT

MEANING OF MARITIME LAW-

Maritime Law means “a set of rules and regulations which govern the matters rel

Also termed as admiralty , admiralty law, sea law.

ating to sea and ships. Its

The famous legal dictionary – Black’s Law Dictionary, in its part, defines maritime law as ‘’the body of law governing marine commerce and navigation, the carriage at of persons and property, and marine affairs in general; the rules governing contract,tort and workers’ compernsation claims or relating to commerce on or over water’’.

In most jurisdictions, maritime law applies to seawater only. Shipping activities in interior waterways are usually governed by a separate set of rules. There are, however, some countries that extend the scope of their maritime law to shipping activities in interior water bodies. In Scandinavian countries, for example, maritime law applies to shipping activities in all water bodies, including lakes, rivers, and canals. The scope of application of our Maritime Code is, like in most of the shipping nations, limited to shipping activities on seawaters only. These could be inferred from the general framework of the Code, particularly the preface. In the Preface to the 1960 Maritime Code of Ethiopia, it is stated that the codification of the Code was felt imperative with the return of Ethiopia’s ancient sea coast on the Red Sea and the subsequent expansion of Ethiopia’s maritime power. The definition given to “ships” is also of some help in determining the scope of our Maritime Code. For the purpose of this Code, provides Art. 1, “a ship is ...any seagoing vessel...” This definition is not inclusive of any other watercraft used as a means of transportation in any other water body. Thus, our Maritime Code is not the pertinent legislation that governs shipping activities of non- seagoing vessels. Legislative provisions, other than that of the Maritime Code, are also indicative of this fact. For example, Art.563 of the Commercial Code excludes carriage of goods/persons in inland waterways from the ambit of carriage by sea, which is the concern of the Maritime Code.

HISTORY OF MARITIME LAW IN INDIA India has a rich history of trading as well as non-trading practices on the sea within the country boundaries as well as beyond it. So, there have been a variety of rules and regulations relating to the sea over a period of time. Before Independence, the government has enacted several statutes and laws to maintain efficient trading practices on the sea. For instance, the Merchant Shipping Act, 1958 which was enacted for the development of sea trading practices. Apart from this act, there were several other laws which were put forward by the British Government such as Coasting Vessels Act, 1838; Inland Steam Vessels Act, 1917 and many more. However, as these laws were not in accordance with the existing

arrangement of Coastal Trade, the government enacted fresh rules and regulations for the improvement of the coastal trade practices. India has evolved a great deal from the colonial times in the field of Maritime Law. The laws which have been enacted since then include the Territorial Waters Jurisdiction Act, 1878, the Admiralty Offences (Colonial) Act, 1849, the Coasting Vessels Act, 1838; the Inland Steam vessels Act, 1917; the Indian Registration of Ships Act (1841) Amendment Act, 1850; the Indian Registration of Ships Act, 1841; the Indian Ports Act, 1908; the Indian Merchant Shipping Act, 1923; the Control of Shipping Act, 1947; the Merchant Seamen (Litigation) Act, 1946; the Merchant Shipping Laws (Extension to the Acceding States and Amendment) Act, 1949 etc. The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 The Admiralty Act, 2017 has replaced several archaic laws enacted by the British Government relating to the Admiralty Jurisdiction of the Indian High Courts. The Admiralty Act is applicable to all boats and ships (except for the inland vessels and vessels which are under construction) in the India Territorial waters. It also applies to the vessels that have sunken and stranded. 

JURISDICTION OF INDIAN COURTS

Under the archaic laws of The Colonial Court Admiralty Act, 1890, only the High Courts of Bombay, Madras and Calcutta were given the authority to deal with the matter relating to Admiralty issues. However, the Supreme Court in the case of M.V Elisabeth v. Harwan Investment and Tradingwidened the scope of Admiralty jurisdiction in India. The Court held “although statutes now control the field, much of the Admiralty Law is rooted in judicial decisions and influenced by the impact of Civil Law, Common Law and Equity. The ancient maritime codes like Rhodian Sea Law, the Basilika, the Assizes of Jerusalem, the Rolls of Oleron, the Laws of Visby, the Hanseatic Code, the Black Book of the British Admiralty, Consolato del Mare, and other are, apart from Statutes, some of the sources from which the law developed in England. Any attempt to confine Admiralty or maritime law within the bounds of statutes is not only unrealistic but incorrect.” The court further observed “the High Courts in India are superior courts of record. They have original and appellate jurisdiction. They have inherent and plenary powers. Unless expressly or impliedly barred and subject to the appellate or discretionary jurisdiction of this court, the High Courts

have unlimited jurisdiction, including the jurisdiction to determine their powers.”...