Modern maritime law is a medley of some of the oldest seafaring principles and contemporary rules that became necessary as the industry evolved. Since ancient times, maritime law has addressed key maritime issues such as insurance coverage, salvage events, and the rights of ship workers. That said, maritime law was first implemented in Ancient Egypt. The laws, which were more of guidelines, were created to bring order to the maritime world to enable ships to move from port to port with a reasonable assurance of safety.
Initially, some jurisdictions enacted local laws that were biased towards their own vessels, but over many centuries, it became clear that maritime disputes needed to be resolved through a unified legal system.
How Did Maritime Law Come About?
Maritime law is made up of many components that cover issues ranging from employment agreements to collision liability in the event of an accident. Some of the rules were created in the early seafaring days when entities that owned ships and those in charge of them regularly hired sailors from different locations, usually along their voyage routes. Over time, they were compelled to consider how the sailors or their families would receive compensation in the event that they were severely injured or died at sea. Moreover, universal laws were needed to solve disputes between shipping vessels.
Many of the old rules, albeit in a modified format, still exist today as most of the problems are still present. Currently, shipping entities that fail to adhere to maritime law risk facing lawsuits in specialized courts or in courts in jurisdictions that have the mandate to handle maritime disputes.
What Is the Rhodian Sea Law?
The Egyptians, the Phoenicians, and the Greeks dominated early seafaring activities. As such, they are believed to have come up with the first informal maritime principles. That said, the first codified sea-faring rules can be traced back to the island of Rhodes. While there are indications that the laws may have dated back to 900 BC, they certainly became more widely accepted from around 300 BC. Many of the laws were created to regulate maritime practices in the Aegean Sea and ensure that disputes were resolved through a common regulatory framework. Referred to as the Rhodian Sea Law, the policies were later on updated to include Roman law.
This was after the fall of the Greek peninsula and the subsequent rise of the Roman Empire following the Battle of Corinth in 146 BC. The Rhodian rules were updated by the Romans to match the changing times and were observed for hundreds of years after the Roman invasion. Key improvements to the initial decrees were designed to support maritime trade in the Mediterranean Sea. The laws became obsolete around the 14th century when maritime trade in the region started to decline and new rules codified.
Which Maritime Laws Emerged After the 12th Century?
Between the 12th and 14th centuries, a collective of seafaring codes started to take form across ports in the Mediterranean and northern European regions to effectively resolve disputes. Among the many sea codes that were formulated during this time were the Rolls of Oléron (late 12th century) which covered Northern Europe, and the Consolato del Mare, also known as Book of the Consulate of the Sea, for the Mediterranean region (14th century).
The laws, along with The Rhodian Sea Law (900 BC to 300 BC), are often considered to be the primary codes of the medieval era. The statutes contributed greatly to the development of contemporary maritime laws, especially the early English admiralty law. The English admiralty law emerged in 1360 following the establishment of the High Court of Admiralty. It inspired the maritime law in the United States that came into effect after the legislation of the Judiciary Act of 1789. The new enactment granted federal district courts jurisdiction over maritime law cases.
What Is the International Maritime Organization (Imo)?
The International Maritime Organization (IMO) is a United Nations (UN) agency that formulates universal regulations related to ships, their cargo, and problems between ship owners, workers, and passengers. The law-making body was established in 1948 following a UN conference held in Geneva and is mandated with ensuring that present maritime rules are updated and implemented as required.
Today, there are numerous IMO conventions that handle different aspects of seafaring and maritime commerce. That said, the IMO has three key conventions and they are the International Convention for the Safety of Life at Sea, the International Convention for the Prevention of Pollution from Ships, and the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers. IMO member countries are expected to adhere to the IMO conventions and apply the rules to vessels registered in their jurisdictions.
