Areas of Law and Guides
Admiralty law or maritime law is a distinct body of law that governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities that operate vessels on the oceans. It deals with matters including marine commerce, marine navigation, marine salvaging, shipping, sailors, and the transportation of passengers and goods by sea. Admiralty law also covers many commercial activities, although land based or occurring wholly on land, that are maritime in character.
Admiralty & Maritime
Admiralty law or maritime law is a distinct body of law that governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities that operate vessels on the oceans. It deals with matters including marine commerce, marine navigation, marine salvaging, shipping, sailors, and the transportation of passengers and goods by sea. Admiralty law also covers many commercial activities, although land based or occurring wholly on land, that are maritime in character.
Admiralty law is distinguished from the Law of the Sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters and international law governing relationships between nations.
Although each legal jurisdiction usually has its own enacted legislation governing maritime matters, admiralty law is characterized by a significant amount of international law developed in recent decades, including numerous multilateral treaties.
International conventions
Prior to the mid-1970s, most international conventions concerning maritime trade and commerce originated in a private organization of maritime lawyers known as the Comité Maritime International (International Maritime Committee or CMI). Founded in 1897, the CMI was responsible for the drafting of numerous international conventions including the Hague Rules (International Convention on Bills of Lading), the Visby Amendments (amending the Hague Rules), the Salvage Convention and many others. While the CMI continues to function in an advisory capacity, many of its functions have been taken over by the International Maritime Organization, which was established by the United Nations in 1958 but did not become truly effective until about 1974.
The IMO has prepared numerous international conventions concerning maritime safety including the International Convention for the Safety of Life at Sea (SOLAS), the Standards for Training, Certification, and Watchkeeping (STCW), the International Regulations for Preventing Collisions at Sea (Collision Regulations or COLREGS), Maritime Pollution Regulations (MARPOL), International Aeronautical and Maritime Search and Rescue Convention (IAMSAR) and others. The United Nations Convention on the Law of the Sea (UNCLOS) defined a treaty regarding protection of the marine environment and various maritime boundaries.
Once adopted, the international conventions are enforced by the individual nations which are signatories, either through their local Coast Guards, or through their courts.
Maritime law academic programs
There are several universities that offer maritime law programs. What follows is a partial list of universities offering postgraduate maritime courses:
- Canada
- Dalhousie Law School - LL.M in marine and environmental law
- France
- Panthéon-Assas University – LL.M in international, business or private law with marine law courses
- University of Western Brittany in Brest - LL.M in marine law
- University of Nantes in Nantes -Master of Laws and Safety of maritime and oceanic activities
- Germany
- University of Hamburg with Max Planck Institute for Comparative and International Private Law - PhD in maritime law
- Malaysia
- Universiti Teknologi Mara - LL.M in Legal Aspects of Marine Affairs
- Malta
- International Maritime Law Institute - LL.M in International Maritime Law
- Netherlands
- Erasmus University Rotterdam - LL.M. in Business, Corporate, and Maritime Law; Master of Science (M.Sc.) In Maritime Economics and Logistics (MEL)
- Norway
- University of Oslo (Scandinavian Institute of Maritime Law) - LL.M in maritime law
- University of Oslo - Master of Laws in Maritime Law
- Singapore
- National University of Singapore - LL.M in maritime law (Graduate Diploma in Maritime Law and Arbitration International Maritime Organization)
- South Africa
- University of Cape Town - Masters in Maritime Law
- Spain
- Comillas Pontifical University - Master in Maritime Business and Maritime Law (ICADE - Spanish Maritime Institute)
- University of Deusto - Master in Maritime Enterprise Management and Maritime Law
- Sweden
- Lund University - LL.M in maritime law
- World Maritime University Master of Science in Maritime Affairs (Maritime Law and Policy)
- Thailand
- Thammasat University - LL.M. in international trade law
- United Kingdom
- Bangor University - LLM in Maritime Law and LLM in Law of the Sea
- Cardiff University - LLM in Shipping Law
- City University London - LLM in Maritime Law
- Queen Mary, University of London - LLM in International Shipping Law
- Swansea University (Institute of International Shipping and Trade Law) - LLM in International Maritime Law
- University College London - LLM in Maritime Law
- University of Hertfordshire - LLM in Maritime Law
- University of Nottingham - LLM in Maritime Law
- University of Southampton School of Law (Institute of Maritime Law) - LLB (Maritime Law) and LLM in Maritime Law
- United States
- Florida Coastal School of Law - LL.M. in Logistics and Transportation Law
- St. Thomas University School of Law
- Tulane University Law School - LL.M in admiralty & JD with a Certificate of Specialization in Admiralty & Maritime Law
- University of Miami Law School - LL.M in Ocean and Coastal Law
- William S. Richardson School of Law University of Hawaii - LL.M. in Ocean Law and Policy
Most recent Articles posted
Mega cattle vessel departs for Iraq
Conditions have still not improved aboard the Al Kuwait vessel that docked at Cape Town Harbour on Sunday to load animal feed for the 19 000 cattle it is transporting, the National Council of SPCAs said yesterday.
Lady R didn't load SA weapons, probe finds
The Lady R did not load South African weapons or ammunition when it called at the Simon’s Town Naval Base in December.
SCA reduces R5m salvage reward
A Simon’s Town boat charter that towed a robotic submarine owned by mining firm De Beers back to safety after it ran aground, has had its R5.5m salvage reward from the High Court reduced to just R80 000 by the SCA.
Danish cargo ship’s fuel load seized in Gqeberha
What was meant to be a quick pit stop turned into a three-day international nightmare for those on board a foreign cargo vessel as SA sheriffs pitched up at the Port Elizabeth Harbour to seize bunkers of fuel in a bid to recover about R15m.
Lady R fiasco shows incompetence or cover-up
Despite the high-profile reporting on the Lady R docking at Simon’s Town Naval Base and – in the dead of night – cargo being loaded on and off, President Cyril Ramaphosa would have us believe that he has no idea what was loaded – so much so that he has asked a retired judge to investigate.
DA wants answers over Russian vessel's docking
DA MP Kobus Marais has stressed that questions surrounding a mysterious Russian vessel that docked at Simon's Town naval base must be answered, reports EWN.
Sanctioned Russian vessel docks in Simon's Town
Simon's Town residents yesterday morning witnessed an unusual sight – a Russian cargo ship by the name of Lady R docked in the navy shipyard.
Mayor moves to block Russian mega yacht
Cape Town mayor Geordin Hill-Lewis is moving to block a sanctioned R9bn superyacht – owned by Russian businessman Alexey Mordashov – from docking in the Mother City.
SA seeks return of shipwrecked silver
For almost 72 years, 2 391 bars of silver lay undisturbed in the hull of a torpedoed ship at the bottom of the Indian Ocean.
Ports authority has been acting illegally
The National Ports Authority has been running the country’s eight commercial ports unlawfully for 15 years and every contract it has signed since 2006 is open to challenge, the Ports Regulator has found. According to Rapport, the regulator and government actively tried to hide the ruling made in 2016, but were forced to reveal it during a court challenge.
Alleged flaws in Robben Island ferry operation revealed
A preliminary report into the partial sinking of a chartered Robben Island ferry in September, has revealed several shortcomings in the operation of the vessel. News24, quoting from the report by the South African Maritime Safety Authority (Samsa), said the allegations included none of the operators of the ferry, Thandi, considered the weather conditions of the day, or holding a safety briefing before leaving the island.