Maritime Law Information & Guide

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Maritime Law

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Admirality & Maritime Law: (usually referred to as simply admiralty and also referred to as maritime law or Law of the Sea) is a distinct body of law governing navigation and shipping. Under conventions of international law, the flag flown by a ship generally determines the source of law to be applied in admiralty cases, regardless of which court has personal jurisdiction over the parties. This has led some ships to fly flags of convenience.Field in legal reference works may include: shipping; navigation; waters; commerce; seamen; towage; wharves, piers, and docks; insurance; maritime liens; canals; and recreation. Piracy is also an aspect of admiralty. Although admiralty shares much in common with the civil law, it is separate from it.

Common law does not act as binding precedent on admiralty courts, but it and other law may be used when no law on point is available.Admiralty Courts assume jurisdiction by virtue of the presence of the vessel in its territorial jurisdiction irrespective of whether the vessel is national or not and whether registered or not and wherever the residence or domicile or their owners may be. A vessel is usually arrested by the court to retain jurisidiction. State owned vessels are usually immune from arrest. Parties subject to admiralty may not contract out of admiralty jurisdiction, and states may not infringe on admiralty jurisdiction either judicially or legislatively. Since admiralty courts, however, are courts of limited jurisdiction (which does not extend to nonmaritime matters).

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