Seaplify
August 24, 2023
In a world full of countries on land, there’s something interesting happening on the open sea – it’s called maritime law. This is a set of rules that control things like what can happen on ships and who belongs to which country when they’re born on the water. It’s like a different kind of law that’s connected to the ocean.
In this article, we’re going to talk about maritime law in a way that’s easy to understand. We’ll look at two things: the rules near the coast and how ships deal with different rules in the open sea. So, let’s dive into the world of maritime law and find out how it shapes what goes on in the big blue waters.
Understanding maritime law: The rules of the open sea
In a world mostly focused on land and countries, there’s a fascinating realm called maritime law that deals with the rules of the ocean. It’s a bit like a puzzle where global rules meet national interests, and it affects everything from what you can do on a ship to where you’re considered a citizen.
Let’s explore this intriguing world by bringing together two different viewpoints: one that focuses on the laws of the sea near the coast, and another that explains how ships follow rules beyond borders.
Laws at sea: The coastline connection
Imagine a situation where some things, like gambling, are not allowed in a country. Now, think about a ship that sails away from that country’s waters, making those rules no longer apply.
While special gambling ships aren’t that common anymore, cruise ships with casinos on board provide a similar experience. It’s not just gambling; the age for drinking alcohol can also change.
For example, in the United States, the legal drinking age is 21, but on a cruise ship in international waters, 18-year-olds might be allowed to have a drink. But does this mean there are no laws in the open sea?
Different zones, Different rules
Understanding maritime law involves knowing about different zones at sea. The first zone is called territorial waters, which go 12 nautical miles from a country’s coast. This is like a country’s extension into the sea, where their laws apply.
Then comes the contiguous zone, another 12 miles out, where countries can enforce laws about things like taxes, customs, and immigration. Beyond that, there’s the exclusive economic zone, which goes up to 200 nautical miles and gives countries special rights over resources.
Ships’ Identity: The flag state
At the center of maritime law is something called the flag state. It’s like the nationality of a ship. The laws of the flag state apply to the ship, no matter where it is. This leads to something interesting – ships might choose the country with the most convenient laws.
This concept of “flags of convenience” is when ships register under a country with friendly rules. This brings up questions about safety and fairness.
Ports and flags
When a ship enters a country’s waters, it needs to follow that country’s rules – this is called the port state. Ships following international rules can pass through without problems.
However, things can get complicated when a ship’s flag state rules clash with the port state rules. For instance, if a ship is registered under a flag of convenience, it might face extra checks when it enters a new place. Finding the balance between safety and smooth travel is important.
Top 10 maritime law books
Admiralty and Maritime Law (Hornbook Series Student Edition) by Benedict on Admiralty
This book is considered to be the most comprehensive and authoritative text on maritime law. It covers a wide range of topics, including the law of the sea, admiralty jurisdiction, maritime torts, seamen’s remedies, and marine insurance.
- Summary: This book is a must-have for any student or practitioner of maritime law. It is well-written and easy to understand, even for those with no prior knowledge of the subject.
Maritime Law by Yvonne Baatz
This book is a more concise and student-friendly alternative to Benedict on Admiralty. It covers the same essential topics, but in a more accessible way.
- Summary: This book is a great choice for students who are just starting to learn about maritime law. It is also a good resource for practitioners who need a quick reference guide.
Admiralty and Maritime Law by Robert Force
This book is another comprehensive and authoritative text on maritime law. It is written in a more traditional legal style than Benedict on Admiralty, but it is still a valuable resource for students and practitioners.
- Summary: This book is a good choice for students who are looking for a more in-depth treatment of maritime law. It is also a good resource for practitioners who need to research a specific topic in detail.
Coastal State Regulation of International Shipping by Lindy S. Johnson
This book focuses on the role of coastal states in regulating international shipping. It covers topics such as port state control, environmental protection, and security.
- Summary: This book is a valuable resource for anyone who is interested in the regulation of international shipping. It provides a comprehensive overview of the legal and policy issues involved.
Maritime Law by Christopher Hill
This book is a comprehensive and up-to-date overview of maritime law. It covers all of the major topics in the field, and it includes a detailed discussion of the latest developments in maritime law.
- Summary: This book is a good choice for students and practitioners who want to stay up-to-date on the latest developments in maritime law. It is also a good resource for anyone who is interested in the field.
The Law of the Sea by David A. Colson and Robert W. Smith
This book is a comprehensive and authoritative text on the law of the sea. It covers the history, development, and content of the law of the sea, as well as its application to specific issues such as maritime boundaries, navigation, and environmental protection.
- Summary: This book is a must-have for any student or practitioner of the law of the sea. It is well-written and easy to understand, even for those with no prior knowledge of the subject.
Marine Insurance by Michael D. Genest
This book is a comprehensive and authoritative text on marine insurance. It covers the history, development, and content of marine insurance law, as well as its application to specific issues such as risk, coverage, and claims.
- Summary: This book is a must-have for any student or practitioner of marine insurance. It is well-written and easy to understand, even for those with no prior knowledge of the subject.
The International Maritime Organization by David M. Kennedy
This book is a comprehensive and authoritative text on the International Maritime Organization (IMO). It covers the history, structure, and functions of the IMO, as well as its role in developing and enforcing international maritime law.
- Summary: This book is a valuable resource for anyone who is interested in the IMO or international maritime law. It is well-written and easy to understand, even for those with no prior knowledge of the subject.
Shipping Law by Christopher Hill and Michael Tetley
This book is a comprehensive and up-to-date overview of shipping law. It covers all of the major topics in the field, and it includes a detailed discussion of the latest developments in shipping law.
- Summary: This book is a good choice for students and practitioners who want to stay up-to-date on the latest developments in shipping law. It is also a good resource for anyone who is interested in the field.
The History of Maritime Law by David M. Kennedy
This book is a comprehensive and authoritative text on the history of maritime law. It covers the history of maritime law from its origins to the present day, and it includes a discussion of the major legal developments that have taken place in this field.
- Summary: This book is a valuable resource for anyone who is interested in the history of maritime law. It is well-written and easy to understand
