Maritime Law

LOB 20203 MARITIME &
ADMIRALTY LAW
A.P. CDR (R ) AMINUDDIN MD AROF

C.L.O
 Explain the basic aspects of maritime & admiralty
laws & international conventions related to
shipping
 Explain the basic safety requirements covered in
SOLAS & STCW
 Examine potential problems that may occur during
emergency and methods taken for solutions
 Differentiate the various methods in law
enforcement
 Discuss principles of shipownership & mortgage

ASSESSMENTS
 ASSIGNMENTS

20%

– PRESENTATION 10%
– ESSAY
10%





QUIZ (2)
TEST (2)
FINAL EXAM

10%
20%
40%

REFERENCES:
 Sheppard A.M. (2001). Modern Admiralty
Law, Cavendish, London.
 IMO (2004). SOLAS Consolidated Edition.
 IMO (2001). STCW Convention.
 Government of Malaysia, Merchant
Shipping Ordinance 1952.
 Government of Malaysia, Carriage of Goods
by Sea Act 1950.

INTRO TO MARITIME &
ADMIRALTY LAWS
 Admiralty law (also referred to as maritime law) is a
distinct body of law which 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 which operate vessels
on the oceans.
 It deals with matters including marine commerce, marine
navigation, 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.

INTRO
 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.

ORIGIN OF MAR LAW
 MOST COUNTRIES DEVELOPED
MAR LAW FM ENGLISH ADMIRALTY
LAW INTRODUCED IN THE 14TH
CENTURY
 ENGLISH ADMIRALTY LAW
DEVELOPED FM RHODIAN LAW.
 INCLUDES RECENT DEVELOPMENTS
FM ECON & ENVIRONMENT
CHALLENGES

THE NATURE OF
INTERNATIONAL LAW
 International Maritime Law is a Component of
International Law
 International Law is a Body of Law Comprising
Principles & Rules that States Recognise as
Legally Binding & that Regulate the Conduct of
Subjects Of The Law
 International Law Relates to Events & Issues that
Transcending National Boundaries & are of
International Concern

SCOPE OF INTERNATIONAL
LAW
 Establish Framework & Criteria For Identifying
States As Principal Actors In International Legal
System
 Deals With Rules & Principles On Acquisition Of
Territory & Basis Of Jurisdiction
 Deals With The Foundations For Immunity Of
States & Their Legal Responsibility For Their
Conduct With Each Other

Cont.
 CONCERNED WITH TREATMENT OF INDIVIDUALS
WITHIN STATE BOUNDARIES
 REGULATE MAINTENANCE OF I/N PEACE &
SECURITY, ARMS CONTROL, PACIFIC SETTLEMENT
OF DISPUTE, & USE OF FORCE IN I/N RELATIONS
 DEVELOPED PRINCIPLES TO GOVERN THE
CONDUCT OF HOSTILITIES & TREATMENT OF
P.O.W
 GOVERN ISSUES ON GLOBAL ENVIRONMENT,
GLOBAL COMMON, GLOBAL COMM & WORLD
TRADE

WHY STATES OBEY I/N LAW?
 IT PROTECTS INTERESTS OF STATES
BY ENSURING STABILITY IN THEIR
RELATIONS
 IT ENSURES PREDICTABLE
RECIPROCITY
 TO AVOID EFFECTIVE RETALIATION BY
INJURED STATES

SOURCES OF INTERNATIONAL
MARITIME LAW
 CUSTOMARY LAWS
 INTERNATIONAL CONVENTIONS
 DECISIONS OF COURTS / TRIBUNALS
 WRITINGS OF RENOWNED PUBLICISTS

INTERNATIONAL CONVENTIONS
 INTERNATIONAL CONVENTIONS ARE
TREATIES INVOLVING MANY STATES
 VCLT 1969 DEFINES TREATY AS AN I/N
INSTRUMENT CONCLUDED BETWEEN
STATES IN WRITTEN FORM &
GOVERNED BY INTERNATIONAL LAW,
WHETHER EMBODIED IN A SINGLE
INSTRUMENT OR IN 2 OR MORE
RELATED INSTRUMENTS, WHATEVER
ITS PARTICULAR DESIGNATION.

INTERNATIONAL MARITIME 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.

Cont.
 The IMO has prepared numerous
international conventions concerning
maritime safety
 Once adopted, the international conventions
are enforced by the individual nations which
are signatories, either through their local law
enforcement agencies, or through their
courts.

IMO CONVENTIONS
 DIVIDED INTO:
– MARITIME SAFETY
– MARINE POLLUTION
– LIABILITY & COMPENSATION
– OTHER SUBJECTS EG. MARITIME TRAFFIC,
SALVAGE & SUA.

IMPORTANT IMO CONVENTIONS
 I/N CONV FOR THE SAFETY OF LIFE AT
SEA (SOLAS) 1974
 I/N CONV ON STDS FOR TRG,
CERTIFICATION, & WATCHKEEPING
FOR SEAFARERS (STCW) 1978.
 CONV ON I/N REG FOR PREVENTING
COLLISSION AT SEA (COLREG) 1972
 I/N CONV FOR THE PREVENTION OF
POLLUTION OF SHIPS (MARPOL)
1973/1978

UN MARITIME CONVENTIONS
 TERRITORIAL SEA &
CONTIGUOUS ZONE
 CONTINENTAL SHELF
 HIGH SEAS
 FISHING &
CONSERVATION OF
LIVING RESOURCES
 UNCLOS 1982 – THE
MOST WIDELY
ACCEPTED I/N
CONVENTION

MARITIME COURTS
 HIGHEST COURT IN THE I/N SYSTEM IS
THE I/N COURT OF JUSTICE (ICJ), WHICH
IS AN ORGAN OF THE UNITED NATIONS
 MEMBERSHIP IS ALSO OPENED TO NONUN MEMBERS
 JUDICIAL SETTLEMENT AT I/N LEVEL CAN
ALSO BE DONE THROUGH I/N TRIBUNALS
(EG. ITLOS) AND DOMESTIC COURTS .

MALAYSIAN ADMIRATY COURT
 EST 1ST OCT 2010
 SITUATED IN JALAN DUTA
COURT COMPLEX, KL
 PRESIDED BY 2 HIGH COURT
JUDGES
 A ONE-STOP CENTRE TO
SOLVE ALL MARITIME
DISPUTES

LEGAL POWER & JURISDICTION OF
ADMIRALTY COURT
THE RIGHT TO WRECK
RIGHT TO CLAIM CIVIL SALVAGE
UNSEALED CONTRACT MADE UPON THE SEA
HYPOTHECATION (PLEDGE OF PROPERTY AS
COLATERAL)
 FREIGHT
 TORTS COMMITTED AT SEA
 POSSESSION & RESTRAINT





ADMIRALTY COURT (cont)
 MORTGAGES PROVIDED FOR VESSEL
UNDER ARREST
 CLAIMS TO SALVAGE & TOWAGE
 DAMAGE DONE BY SHIP
 DISPUTE BY CO-OWNERS
 CLAIMS BY MASTER OR SEAMAN
 JURISDICTION IN REM OR PERSONAM

ASSIGNMENT
 MAKE COMPARISON BEWEEN PUBLIC
INTERNATIONAL LAW & PRIVATE
INTERNATIONAL LAW
 COMPARE BETWEEN THE ICJ AND
ITLOS
 EXPLAIN THREE (3) COMMON
JURISDICTIONS OF THE ADMIRALTY
COURTS

ANSWER SCHEME FOR GROUP
ASSIGNMENT
 EACH GROUP SHOULD COMPRISE BETWEEN 2 – 3
STUDENTS
 PRESENTATION HANDOUT MUST BE SUBMITTED
PRIOR TO ORAL PRESENTATION
 TIME GIVEN IS BETWEEN 15 – 19 MINS PER GROUP
 TOTAL MARKS OF FIVE (5) WILL BE GIVEN FOR EACH
PRESENTATION & DIVIDED AS FOLLOWS:

– PREPARATION : 2
– PRESENTATION : 1.5
– TEAMWORK: 1.5