MARITIME LAW ASSIGNMENT
MEANING OF MARITIME LAW-
Maritime Law means “a set of rules and regulations which govern the matters rel
Also termed
ating to sea and ships. Its
as admiralty, admiralty law, sea law.
The famous legal dictionary – Black’s Law Dictionary, in its part, defines maritime law as
‘’the body of law governing marine commerce and navigation, the carriage at of persons and
property, and marine affairs in general; the rules governing contract,tort and workers’
compernsation claims or relating to commerce on or over water’’.
In most jurisdictions, maritime law applies to seawater only. Shipping activities in interior waterways
are usually governed by a separate set of rules. There are, however, some countries that extend the
scope of their maritime law to shipping activities in interior water bodies. In Scandinavian countries,
for example, maritime law applies to shipping activities in all water bodies, including lakes, rivers,
and canals.
The scope of application of our Maritime Code is, like in most of the shipping nations, limited to
shipping activities on seawaters only. These could be inferred from the general framework of the
Code, particularly the preface. In the Preface to the 1960 Maritime Code of Ethiopia, it is stated that
the codification of the Code was felt imperative with the return of Ethiopia’s ancient sea coast on
the Red Sea and the subsequent expansion of Ethiopia’s maritime power.
The definition given to “ships” is also of some help in determining the scope of our Maritime Code.
For the purpose of this Code, provides Art. 1, “a ship is ...any seagoing vessel...” This definition is not
inclusive of any other watercraft used as a means of transportation in any other water body. Thus,
our Maritime Code is not the pertinent legislation that governs shipping activities of non- seagoing
vessels.
Legislative provisions, other than that of the Maritime Code, are also indicative of this fact. For
example, Art.563 of the Commercial Code excludes carriage of goods/persons in inland waterways
from the ambit of carriage by sea, which is the concern of the Maritime Code.
HISTORY OF MARITIME LAW IN INDIA
India has a rich history of trading as well as non-trading practices on the sea within
the country boundaries as well as beyond it. So, there have been a variety of rules
and regulations relating to the sea over a period of time. Before Independence, the
government has enacted several statutes and laws to maintain efficient trading
practices on the sea. For instance, the Merchant Shipping Act, 1958 which was
enacted for the development of sea trading practices. Apart from this act, there were
several other laws which were put forward by the British Government such as
Coasting Vessels Act, 1838; Inland Steam Vessels Act, 1917 and many more.
However, as these laws were not in accordance with the existing arrangement of
Coastal Trade, the government enacted fresh rules and regulations for the
improvement of the coastal trade practices.
India has evolved a great deal from the colonial times in the field of Maritime Law.
The laws which have been enacted since then include the Territorial Waters
Jurisdiction Act, 1878, the Admiralty Offences (Colonial) Act, 1849, the Coasting
Vessels Act, 1838; the Inland Steam vessels Act, 1917; the Indian Registration of
Ships Act (1841) Amendment Act, 1850; the Indian Registration of Ships Act, 1841;
the Indian Ports Act, 1908; the Indian Merchant Shipping Act, 1923; the Control of
Shipping Act, 1947; the Merchant Seamen (Litigation) Act, 1946; the Merchant
Shipping Laws (Extension to the Acceding States and Amendment) Act, 1949 etc.
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
The Admiralty Act, 2017 has replaced several archaic laws enacted by the British
Government relating to the Admiralty Jurisdiction of the Indian High Courts.
The Admiralty Act is applicable to all boats and ships (except for the inland vessels
and vessels which are under construction) in the India Territorial waters. It also
applies to the vessels that have sunken and stranded.
JURISDICTION OF INDIAN COURTS
Under the archaic laws of The Colonial Court Admiralty Act, 1890, only the High
Courts of Bombay, Madras and Calcutta were given the authority to deal with the
matter relating to Admiralty issues.
However, the Supreme Court in the case of M.V Elisabeth v. Harwan Investment and
Tradingwidened the scope of Admiralty jurisdiction in India. The Court held “although
statutes now control the field, much of the Admiralty Law is rooted in judicial
decisions and influenced by the impact of Civil Law, Common Law and Equity. The
ancient maritime codes like Rhodian Sea Law, the Basilika, the Assizes of Jerusalem,
the Rolls of Oleron, the Laws of Visby, the Hanseatic Code, the Black Book of the
British Admiralty, Consolato del Mare, and other are, apart from Statutes, some of
the sources from which the law developed in England. Any attempt to confine
Admiralty or maritime law within the bounds of statutes is not only unrealistic but
incorrect.”
The court further observed “the High Courts in India are superior courts of record.
They have original and appellate jurisdiction. They have inherent and plenary powers.
Unless expressly or impliedly barred and subject to the appellate or discretionary
jurisdiction of this court, the High Courts have unlimited jurisdiction, including the
jurisdiction to determine their powers.”
