What Is A Maritime Lawyer?

Shipboard incidents on commercial and passenger vessels, boating accidents, shore excursion accidents involving parasailing or snorkeling, cruise ship rape, and Jones Act claims are the kinds of issues that a marine attorney handles. In certain situations, negligence or illegal activity result in serious physical injuries. Contact Lipcon, Margulies & Winkleman, P.A. for a free consultation with a marine attorney if you’re unsure whether your case calls for one.

Maritime mishaps on navigable waters are governed by general maritime law. A maritime lawyer must have extensive additional training and education due to the special characteristics of maritime law in order to fully comprehend and be able to manage the complicated and nuanced situations that result from maritime accidents and torts.

To practice law as a maritime attorney, a person must have a thorough understanding of personal injury law, but this is just the beginning. Ship accidents, Jones Act claims (basically workers’ compensation claims for marine workers), seaman’s claims, maritime wrongful death, assault, and rape are among the matters that maritime attorneys handle. Due to the fact that many of these claims take place aboard cruise ships, cargo ships, oil rigs, and other types of vessels, they necessitate lawyers knowledgeable in the specifics of maritime law and qualified to practice in this area.

What Is Maritime Law?

Maritime law, also known as admiralty law, is a body of laws, conventions, and treaties that govern private maritime business and other nautical matters, such as shipping or offenses occurring on open water. International rules governing the use of the oceans and seas are known as the Law of the Sea.

Key Features:

Maritime law governs private maritime questions, disputes, or offenses and other nautical matters.
In most developed countries, the maritime law follows a separate code and is an independent jurisdiction from national laws.
The International Maritime Organization, or IMO, ensures that existing international maritime conventions are kept up to date and develops new agreements when the need arises.

In the majority of developed countries, marine law has its own set of rules and operates separately from national legislation. The navies and coast guards of nations that have ratified the treaty detailing these regulations may implement a number of agreements that the United Nations (UN) has issued through the International Maritime Organization (IMO).

What Does A Maritime Lawyer Do?

The types of activities that maritime attorneys may conduct include trying cases in court, drafting documents, negotiating agreements and handling complaints about injuries or illnesses caused by various types of marine vessel or sea craft, as well as companies dumping hazardous waste into the sea.

marine attorneys are specialists, which means they have specialized training and experience in marine law. Many maritime attorneys only deal with maritime issues. Maritime lawyers frequently handle disputes in large geographic areas since maritime law should be uniform in both state and federal courts. Sometimes in an ongoing case, marine attorneys even collaborate with generalist lawyers who have a maritime component.

what is maritime admiralty law?

Understanding Maritime Law

Many insurance claims involving ships and cargo, civil disputes involving shipowners, seafarers, and passengers, and piracy are governed by maritime law. The registration, licensing, and inspection processes for ships and shipping agreements, marine insurance, and the transportation of goods and people are also governed by maritime law.

Many insurance claims involving ships and cargo, civil disputes involving shipowners, seafarers, and passengers, and piracy are governed by maritime law. The registration, licensing, and inspection processes for ships and shipping contracts, marine insurance, and the transportation of goods and people are also governed by maritime law.

The International Convention for the Safety of Life at Sea
The International Convention for the Prevention of Pollution from Ships
The International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers
What Is A Maritime Lawyer?

History of Maritime Law

It is possible to trace the beginnings of marine law all the way back to ancient Egypt. Ships were used to move commodities back then, and there were strict regulations in place to ensure trade was fair and safe, as well as to resolve disputes between parties.

But the earliest documented account of formal codes wasn’t discovered until much later. Between 900 and 300 B.C., the Rhodian Sea Laws were created, establishing regulations for the Mediterranean Sea. These regulations governed maritime commerce in the region, had an impact on the Romans, and were in force for a very long time.

The next centuries saw a slow evolution of European marine law. The Consulate of the Sea, the Rolls of Oléron, and the early English admiralty rules—which ultimately influenced the laws of the sea in the United States—were significant developments that influenced present legislation.

In the 1600s, maritime law came to the United States. However, it wasn’t until 1789 that issues involving admiralty law were transferred to federal district courts, and a unified body of law was established.

What Is A Maritime Lawyer?

FAQ:

Ship Registration Under Maritime Law

The nationality of a ship is determined by the country of registration. The majority of ships have their national registry in the nation where the owners reside and conduct business.

Owners of ships frequently register them in nations that permit foreign registration. The foreign registration, sometimes known as “flags of convenience,” is helpful for tax planning and to take advantage of lax local rules. Panama and Bermuda are two instances of “flags of convenience” nations.

What Is Maritime Law and Why Is it Important?

The set of laws that control all activities in the sea and other open waters is known as maritime law. These regulations assist resolve a variety of potential conflicts and guarantee that those who work on the water behave properly and are protected.

Who Controls Maritime Law?

The International Maritime Organization (IMO) is responsible for overseeing international maritime law. The IMO, a specialized organization of the UN, is tasked with creating the rules and guidelines for shipping’s environmental performance, safety, and security on a global scale.1

What Is the Difference Between Maritime Law and Law of the Sea?

The law of the sea is commonly understood to refer to public international law, whereas maritime law generally applies to private shipping matters. In other words, the latter establishes how countries ought to conduct themselves in maritime settings.

The Bottom Line

The open oceans, which make up over 70% of the planet’s surface, are significant as a resource and a means of transportation.11 To safeguard both this resource and the people who use it, maritime law is in place. Without it, the world economy would probably collapse and there would be chaos.

What Is A Maritime Lawyer?

What Is A Maritime Lawyer?