Treasure Chasers

January 7, 2011

Protecting our mariners and US maritime business

Filed under: Shipwreck — Tags: , , , — admin @ 10:38 pm

Protecting our mariners and US maritime business

Maritime law is that branch of law that caters to the activities at sea. The law evolved as the earliest mode of trade and commerce was via sea route. These are matters in detail include:

Marine Commerce.
Marine navigation.
Shipping corporation.
Sailors.
Transportation of passengers and goods.
Salvage
Liens
Maritime contracts
Maritime injuries

In USA, maritime law is mentioned under article-III of U.S Constitution. Maritime law is under the jurisdiction of the federal system. This is because maritime business or other forms of activities (recreational services like luxury cruises) aren’t limited to American sea boundary.

As the activities are international in nature, hence it falls under the jurisdiction of the federal system. Like the international air transport is monitored and supervised by the International Air Transport Association (I.A.T.A), maritime activity is controlled by International Maritime Organization. The latter organization is created by the United Nations in 1958.

In USA admiralty law and maritime law has evolved in a manner such that there is no distinction at this moment. Earlier admiralty law referred to disputes related to torts and breach of contract. Maritime law included all other types of disputes.

Here in USA, the U.S Coast Guard is the primary maritime executive wing or the law enforcement wing of the government. A salvage crew will only be allowed the get a reward or posses the salvage, if the owner abandons his claim on the property. The other situation is when the owner can’t be located by respective government authority. There are certain other factors that can’t be overlooked in the aforementioned context.

Government is not liable for a reward for salvage of property in a sunken ship. This is simply because the government has the duty to protect. Moreover, a salvage crew can’t claim a reward simply on the basis of the reward.

A ship owner for example has the liability to provide for the safety and security of passengers and goods. He is also responsible for the well being of his crew as an employer. Jones Act passed in the year 1920 is a complex piece of legislation to protect the American merchant navy. Critics call the law unprecedented because it covers areas beyond what is covered in international maritime law.

There are several large ports and sea bases in and around USA like Miami. These places carry out maritime business worth billions of dollars. For example Miami port is the largest cruise ship port in the world. In case a mariner or a passenger from Miami is victimized for one reason or the other contact Miami Maritime Law Attorney.

For more information, 800 Miami Lawyer directory is primarily created to meet the demand of a trustworthy online resource of Miami based lawyers. Enlist your law firm if it is based in Miami.

 

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