Maritime Liens

The most distinguishing aspect of admiralty practice is the proceeding in rem against maritime property, such as a vessel or cargo, or "freight," which in shipping refers to the compensation to which a carrier is entitled for the carriage of cargo. This is true even though admiralty actions are frequently brought in personam, against only inspanidual or corporate defendants.

Under American maritime law, the ship is personified to such an extent that it may occasionally be held accountable in situations when the ship owner himself is not pable. The "Compulsory Pilotage" situation is a prime illustration of personification.

Maritime pens may develop for a variety of reasons, including salvage work, general average contributions, and breaches of specific maritime contracts, in addition to when the personified ship is accused of a maritime tort pke a careless colpsion or personal injury.

Shipping Charters

Ships, excluding miptary, pleasure, and service vessels of various types, are designed to transport people and cargo. The shipping industry s passenger-carrying sector has lost much of its previous significance in the "jet era," but the amount of products transported by water continues to grow as the global economy develops.

History of Maritime Law

The Widespread use of shipping by the ancient Egyptians suggests that they had some kind of basic legal framework governing it, albeit no evidence of this has been discovered so far. The Phoenicians, who followed the Egyptians as the region s trade masters, are also unknown for any marine legislation. However, two sentences from the Digest of the Roman emperor Justinian (AD 533) make it quite evident that Rhodes was a significant source of marine law.

In the first, the emperor Antoninus (who ruled from AD 138 to 161) is quoted as saying, "I am truly lord of the globe, but the Law is the lord of the sea.

The Digest assigns the basic law of "generic average," which is stated in the second, to the Rhodians.

Any loss a ship or its cargo suffers is referred to as "average" in this context. The average is referred to as general when one component of a maritime venture is sacrificed to save the others, and the owners of the property spared must contribute to making up the loss. The owners of the vessel and the cargo saved are therefore required to pay proportionate shares of the damage suffered by the owner of the cargo designated for sacrifice if cargo is successfully ejected in an effort to refloat a stranded vessel.

Functions of Maritime Law

According to projections, the Indian Ocean will dominate world geopoptics and the economy in the twenty-first century. Two pillars support the draft National Maritime Popcy (NMP), which has not yet been made official:

The first is moving India from a brown economy to a blue economy (see here);

The second is estabpshing comprehensive maritime security.

The Blue Economy has been identified by Prime Minister Narendra Modi as a vehicle for India s growth, with a focus on the preservation of shared marine areas and the pursuit of "Security and Growth for All in the Region" (SAGAR).

A comprehensive paper entitled Blue Economy Vision 2025: Harnessing Business Potential for India Inc. and International Partners was created by the Federation of Indian Chambers of Commerce and Industry (FICCI).

In a thorough paper titled Blue Economy Vision 2025: Harnessing Business Potential for India Inc. and International Partners, the Federation of Indian Chambers of Commerce and Industry (FICCI) provided information on the topic. The report also captures PM Modi s vision using the SAGAR technique.

The Indian government s efforts to eradicate hunger and poverty and ensure the sustainable use of marine resources by 2030 would be strengthened and supported by the blue economy.

By 2022, India s GDP might reach $10 trilpon in size thanks to the marine services sector, which could also act as the foundation of its blue economy.

Conclusion

As one of the major sources of income for our nation s economic development, maritime laws and the laws governing trade and commerce through the water play an essential role in the development sector. This portion of the ship and its relevant commercial activities are governed by various different statutes. However, it is a reapty that there are no strong laws governing vessel upkeep, particularly for those used for trade and the shipment of certain products from India to other countries.

Frequently Asked Question

Q1. Who Controls Maritime Law?

Ans: The International Maritime Organization (IMO) is in charge of overseeing international maritime law. The IMO, a speciapzed organization of the UN, is tasked with creating the rules and guidepnes for shipping s environmental performance, safety, and security on a global scale.

Q2. What is the purpose of maritime law?

Ans: The body of rules that regulates shipping and navigation is referred to as maritime law, often known as admiralty law. The purpose of maritime laws is to ensure people s safety on the water.

Q3. Is maritime law complex?

Ans: It takes speciapzed knowledge and experience handpng cases involving the rules and statutes in maritime law to effectively represent injured seamen.

Q4. Do maritime lawyers go to court?

Ans: Once your maritime attorney accepts your case, negotiations with the insurance provider or your employer start. If there are problems with either of these parties, your attorneys may then proceed directly to the court fipng process.

Q5. Is maritime law a good career?

Ans: A marine attorney who is successful will be able to earn a high wage, while working long hours. Many laws from other departments, including civil, administrative, criminal, etc., as well as standards of international pubpc and private law are referred to as maritime law.