By Ilan Fuchs, Ph.D. | 12/09/2024
Maritime law, sometimes referred to as admiralty law, is the branch of law that governs all aspects of the sea. Maritime law encompasses various issues, including:
- The regulation of shipping and insurance
- The navigation and passage of ships through different jurisdictions and in the open seas
- The rights of seafarers
Given the fact that oceans cover approximately 70% of the Earth’s surface, it is no surprise that maritime law is a part of many international treaties and agreements.
Since the oceans are mostly international waters and not under the sovereignty of one nation, maritime law plays an indispensable role in sustaining order and safety in international waters. Maritime law is essential for determining answers to questions involving:
- Maritime jurisdiction (disputes between state and private parties concerning trade and security)
- The obligations of nations
- International standards to maintain peace and security on the seas
Why Was Maritime Law Created?
The roots of maritime law extend back to the ancient civilizations of Greece and Rome, which developed rudimentary legislation for managing sea trade, navigation, and conflict resolution. These early laws, such as the Laws of Rhodes (Lex Rhodia) that addressed shipwreck liability and salvage rights, laid the groundwork for modern maritime laws.
Over centuries, these foundational laws evolved into today’s complex and codified maritime laws that accommodates the demands of modern commerce, technology, and environmental considerations.
Which Courts Hear Maritime Law Cases?
Some countries have a specialized legal system that deals with maritime law. For example, admiralty courts deal exclusively with maritime operations and maritime laws.
The United States does not have a dedicated admiralty court, but federal district courts have jurisdiction over maritime cases. This jurisdiction is granted under Article III, Section 2 of the U.S. Constitution, which gives federal courts the authority to handle cases involving maritime contracts, torts, or criminal offenses.
U.S. federal courts hear many maritime law cases; admiralty jurisdiction results in maritime lawyers intersecting with many subfields such as maritime commerce, maritime accidents, and insurance. General maritime laws give lawyers ample room to have practices that focus solely on maritime law.
In fact, modern maritime law is so complex that general maritime law became a field for lawyers in law firms of all sizes that choose to focus on this subspecialty. In New York, for example, there are law firms where maritime injury lawyers are exclusively busy with tort cases.
Does maritime law operate separately in its own niche outside the mainstream legal industry? The answer is no. Federal district courts exercise admiralty jurisdiction over maritime law-related cases, such as:
- Civil cases related to maritime activities
- Shipping disputes about contracts for marine transport
- Personal injury claims by seafarers and sailors
- Cargo disputes with carriers and insurance companies
- Torts occurring on navigable waters, including vessel collisions, oil spills, and other environmental impact incidents
An interesting phenomenon in the context of maritime law is called an “in rem” (Latin for “against a thing”) proceeding. This maritime law concept refers to a lawsuit brought against a vessel, rather than against individuals. This process is often used in cases involving liens, mortgages, or ownership disputes over a ship.
Ultimately, maritime cases and maritime activities can involve several laws. Which laws apply to a case largely depends on the type of case brought before an admiralty court.
The Jones Act and the Longshore and Harbor Workers’ Compensation Act
A central part of American maritime law is the Jones Act, also known as the Merchant Marine Act of 1920. This legislation allows seamen to sue their employers for injuries suffered due to employer negligence.
Similarly, the Longshore and Harbor Workers' Compensation Act provides personal injury benefits to longshoremen and harbor workers and enables them to seek compensation. However, maritime workers' injuries sustained in the context of maritime activities are dealt with differently than similar injuries sustained in a land-based construction site, and an expert maritime injury lawyer needs to be well-versed in these differences.
Many lawyers focus solely on cases related to the Jones Act. Also, there are several law firms in New York City, Los Angeles, and other major harbor cities that deal only with cases involving the Longshore and Harbor Workers’ Compensation Act. State courts and federal courts often hear these cases involving federal statutes and other applicable laws, such as state procedural law and international conventions.
Often, maritime workers are working in spaces involving concurrent jurisdiction and that makes maritime claims very interesting and complex. A maritime case can involve wrongful death, medical expenses, or personal injury. While these types of cases are normally heard in state courts, the maritime law aspect of the case mandates that a federal court must deal with the case.
Salvage and Treasure Claims
Another interesting aspect of maritime law includes salvage and treasure claims. A federal court can decide who has the right to possess cargo that was salvaged after falling into the sea or found at the bottom of the ocean. Any maritime items that are removed from the oceans generally belong to the finder, and the federal courts needs to deal with national laws and international conventions in making their decisions.
Environmental and Regulatory Laws
U.S. federal courts have jurisdiction in cases involving environmental protection laws that apply to maritime activities, such as the Oil Pollution Act and the Clean Water Act. These types of maritime cases related to the environment can involve large fines, penalties, and corrective actions for environmental violations that occur in navigable waters.
Maritime legal issues have significant effect on maritime trade. For example, maritime accidents can have severe environmental results, and marine insurance rates influence the entire business ecosystem. Maritime laws – both in the domestic and international realms – are central to prevent accidents that have disastrous environmental effects.
Maritime law also encompasses essential environmental protections to safeguard oceanic ecosystems from pollution, overfishing, habitat destruction, and other threats. The United Nations Convention on the Law of the Seas (UNCLOS), along with supplementary agreements like the International Convention for the Prevention of Pollution from Ships (also known as MARPOL), establishes guidelines that hold countries and corporations accountable for environmental stewardship on the high seas.
These conventions are especially important given the ocean’s vulnerability to human activity, including oil spills, waste dumping, and emissions from shipping. Pollution prevention is a core issue in maritime law and environmental law.
A critical example regarding the environmental significance of maritime law was the Deepwater Horizon oil spill in 2010, which saw millions of barrels of oil leaked into the Gulf of Mexico. This disaster devastated marine life and coastal economies, underscored the necessity of stringent environmental laws in international waters, and showed the need for clear legal frameworks to assign liability and enforce cleanup measures.
Maritime law extends beyond mere resource regulation, however. The preservation of marine biodiversity and the prevention of pollution are critical for sustaining both the health of the oceans and the global environment.
Many people believe that without established legal frameworks, marine resources and biodiversity would face even greater threats. Maritime law needs to address challenges in multiple areas, such as vessel construction, cargo safety, and trade conditions.
Dispute Resolution and Maritime Contracts
Federal courts are also responsible for interpreting and enforcing contracts relating to maritime trade, including bills of lading, charter parties, and marine insurance policies. These courts also resolve disputes over international shipping and logistics.
While federal district courts have primary jurisdiction over maritime cases, some cases may also be handled by state courts if the incident occurred in state territorial waters. For instance, a maritime injury lawyer might need to conduct maritime cases in state courts and in federal courts, depending on the finer points of civil procedure law.
Maritime Law and Its Relationship to International Law
While maritime law has many domestic aspects, it also has a relationship with international law. Maritime law is closely tied to international law, particularly in managing issues that arise between nations that share maritime boundaries or navigate global waters.
Since oceans are international spaces, they require cooperation between nations and regulatory measures to handle transnational concerns such as piracy, shipping rights, trade, and territorial disputes.
Maritime law relies heavily on international law frameworks, with UNCLOS serving as a primary legal document for countries worldwide. UNCLOS establishes standards that promote peaceful coexistence and cooperation between nations. It also details permissible activities in territorial waters, economic rights and navigations, and free passage in territorial waters and in the high seas.
UNCLOS balances national sovereignty with international responsibilities, enshrining the concept of cooperative governance over shared ocean resources. For instance, Article 197 of UNCLOS states that “States shall cooperate on a global basis and, as appropriate, on a regional basis...for the protection and preservation of the marine environment.” This UNCLOS article mandates that countries act in concert to safeguard the oceans from environmental harm and respect international navigation and resource-sharing rules.
The Right of Innocent Passage and Maritime Law
Navigable waterway passage is one important area of international maritime law. While state laws control who can come into a territory, international law created the right to free and peaceful passage through territorial waters.
This right of innocent passage allows vessels like ships that are in in continuous, expeditious travel to pass through a country's territorial waters without permission, as long as those vessels do not obstruct peace and order. Even submarines enjoy this right as long as they navigate on the surface and show their country’s flag.
Since maritime passage requires ship and submarine movement in areas with no clear borders, navigable waters are treated differently than land territory. Navigable waters cannot be closed off, even if they are close to a coast. As Section 17 of UNCLOS states, “Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.”
Without the protection of innocent passage in navigable waters, international commerce would be in grave danger. The shipping industry depends on the right of innocent passage through navigable waters and many of our servicemember students protect safe passage in international navigable waters.
The US Position on UNCLOS
Although the United States has not formally ratified UNCLOS, it recognizes many of its provisions as customary international law. Successive U.S. administrations have adhered to UNCLOS principles, especially regarding navigational freedoms and territorial demarcations, as they align with U.S. interests in maritime mobility and national security.
However, concerns over sovereignty and regulatory encroachments have historically prevented full ratification. Many policymakers believe that accepting UNCLOS without reservation could limit U.S. ability to exploit marine resources or act unilaterally in its territorial waters.
President Ronald Reagan chose not to sign the UNCLOS in 1982, due to concerns about specific provisions in Part XI, which governed deep-seabed mining. Reagan's administration feared that the treaty’s provisions on resource exploitation in international waters would limit the United States' access to valuable resources, such as minerals on the ocean floor, and impede the activities of U.S. private companies.
Part XI of UNCLOS established the International Seabed Authority (ISA), an organization with the power to control mineral-related activities in the international seabed area and redistribute the proceeds to developing countries. Reagan saw the ISA’s work as contrary to U.S. economic interests and free-market principles.
The U.S. was also concerned that the treaty’s seabed provisions would effectively transfer technology to other countries, including rival states, which could diminish the competitive advantage of U.S. companies.
Despite these concerns, the U.S. acknowledges UNCLOS as a crucial framework, respecting its rules on freedom of navigation and using it as a basis for diplomatic negotiations with other maritime nations. This ambivalence underlines the balancing act the U.S. performs between its own maritime interests and global cooperation.
There is an ongoing discussion among policymakers about the future of the U.S. and UNCLOS. Some have advised reconsidering Reagan’s decision to not ratify UNCLOS, since ratification might enable more U.S. access to sea mining outside territorial waters.
Marine Boundaries
Maritime boundaries are complex. In general, UNCLOS regulates territorial waters, exclusive economic zones (EEZs), and the high seas, which extend beyond any nation’s jurisdiction. These areas are at the core of international maritime law.
Coastal countries have certain economic rights regarding EEZs. Article 57 of UNCLOS specifies, “The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.” This stipulation ensures that nations have exclusive rights to exploit resources within a limited area adjacent to their coastlines, while high seas remain open for international use.
These UNCLOS regulation was designed to provide legal clarity for nations and prevent disputes over territory, fishing rights, and mineral extraction. It also helps to foster cooperation among states while ensuring that no single country monopolizes oceanic resources. This system of clear demarcations and shared usage zones has also helped manage potential conflicts by providing internationally recognized boundaries.
Maritime Law Will Continue to Evolve
As humanity’s reliance on oceans for resources, transportation, and climate regulation grows, so too does the need for an effective, cooperative maritime legal system. Ultimately, maritime law remains essential for promoting sustainable practices and ensuring a balanced, peaceful coexistence on our shared seas.
Legal Studies at American Public University
For students intrigued by maritime law, the U.S. court system, and other aspects of law, American Public University (APU) offers three degrees:
- An online associate degree in legal studies
- An online bachelor’s degree in legal studies
- An online master’s degree in legal studies
Courses in these programs include litigation, legal research and writing, civil practice and procedure, and lethal ethics. Other courses include constitutional law, family law, legal technology, tort law, international law, and contract law.
These courses are taught by experienced faculty members with considerable knowledge of the legal field. For more information, visit our security and global studies program page.
Note: The associate and bachelor’s degrees in legal studies does not award professional paralegal certification or any other certification, but it may be helpful in preparing to seek certification. The master’s degree in legal studies does not you to sit for the bar exam in any state.
Although some states do not require a Juris Doctor for bar entry, the master’s program does not prepare you for the practice of law or admission to the bar of any state based solely on completion of this program.
Practice of law is defined by state bar associations. Students must check with their respective state bar associations to learn more about attorney and non-lawyer legal professional licensing requirements. Note: American Public University is not a law school.
