Unit I:-

History and jurisdiction * Public international law and its relation with maritime
law * UNCLOS and relation with domestic law in India * Merchant Shipping Act.

1. Explain Public international law and its relation with maritime law.

Public international law and its relation with maritime law

The body of private law governing navigation and shipping in each country is known as
admiralty or maritime law. Under admiralty, a ship's flag or registry determines the source of
law. For example, a ship flying the Indian flag in European waters is subject to Indian
admiralty law.

The ship operates in all waters may sail from country to country. Vessels often may be
required to operate and repaired in foreign ports. The cargo may be damaged or lost while at
sea in the course of an international voyage or in a foreign port, and likewise seamen may be
injured on the high seas or in the waters of foreign countries. Maritime law is thus a
specialized domestic law that cannot avoid international influences.

While shipping regulated to a large extent by national legislation, maritime law in almost all
jurisdictions is clearly shaped by international influences, in particular international
conventions. This is due to the fact that shipping by its very nature involves international
relations. So, the maritime law may consider as a special law with an international
background.

Maritime law is sometimes considered to be an international law because they both denote
shipping and ships. It concerns with the rights and duties connecting from the use of ships on
the high seas and other navigable waters. Maritime law is also considered to be more of
international rather than national or domestic law.

The international nature of maritime law rest on Ships, seamen, passenger, merchants and
cargo of all nations are subject to the same seas, the same weather, the same climate, the
same natural elements, the same perils and ocean routes.

Maritime law carries more elements of being international law, it can be considered as a
subdivision of public law of the state since it deals with the relationship of the
state with international organizations and other countries.

The law is public in nature and commonly called public international law. Public
international law consists of laws on international trade, boundary disputes etc. International
law normally originates from customary rules that were developed through historical
process and adopted by countries in dealing among themselves.

Article 38 of the Statute of International Court of Justice enumerated the list of component
parts of international law like International conventions, International customs, General
principles of law recognized by civilized nations, Judicial decisions and the teachings of the
most highly qualified publicists of the various nations, as source of law.

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Some authors are of the view that Maritime Law is neither a private international law,
though basically it has the components of private international law like International
conventions and treaties, International model laws, Standard-form contacts, Standard terms,
International customs, Maritime law, being part of the Merchant law/Commerce, Doctrine
(writings of leading authorities on law), Decisions of international courts and international
arbitral tribunals, Decisions of national supreme and other courts and arbitral tribunals of
international reputations.

In their view Maritime law can be divided into international public maritime law or private
international maritime law. International public maritime law concerns with the legal
relationship between states in respect of maritime matters. International private maritime
law concerns the legal maritime relationships between private parties of different states. It is
the collection of rules used to resolve maritime disputes as to choice of law, choice of
jurisdiction and recognition of foreign judgment between private parties and subject of laws
of different states.

For many decades a number of the existing private international maritime laws were brought
into international forums by the following international organizations:

 Comite Maritime International (CMI)

Thus, the maritime laws deal with a country’s laws that regulate matters of the sea, whereas,
public laws relating to the same matters come under the purview of the Law of Sea. Maritime
laws has a much narrower jurisdiction and usually applies to private entities like ship owners,
their employees, and any clients that ships might have on board. Public international law
usually deals with relationships between nations.

Admiralty law or Maritime law consists of both domestic law on maritime activities, and
private international law governing the relationships between private parties operating or
using seagoing ships. Admiralty law or Maritime law is different 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 the maritime relationships between nations.

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