What is Maritime Law? – India is surrounded by water on three sides and has given great importance to maritime affairs since the millennium. It has been receiving and sending ships to its shores for thousands of years. However, official regulation of maritime affairs began to emerge a few hundred years ago; and recently updated house rules.
Also known as Admiralty Law, the nature of Maritime Law is by nature confidential. The public law partner is known as the Maritime Law. A large part of Maritime Law deals with the process of transporting goods at sea, laws relating to the protection and maintenance of ships at sea, registration and damage to vessels, maritime insurance etc.
Therefore, some of the major topics that cover any Maritime Law courses are – cart contract (bill of lading, party agreement); mobility events (collision, rescue / towing); maritime insurance (maritime policy, uninsured interest, indemnity); marine pollution (debt claims, civil law, environmental protection and conservation of natural resources) etc.
Maritime law, on the other hand, sets out general principles relating to maritime areas, mining laws, exploitation of natural resources, dispute resolution (border disputes, resource-related disputes / exploitation), crime, state claims, issues. in hot pursuits etc.
What is Maritime Law?
International Maritime Organization (IMO)
The International Maritime Organization is an international organization mandated to regulate and manage maritime affairs at the international level. Its main function is to facilitate international agreements on relevant issues, to regulate maritime affairs and to provide technical expertise in key areas of topics. The official IMO website provides the following information about the scope of its work:
Most agreements reached under the IMO or Organization responsible for it, fall into three key categories. The first group deals with safety at sea; secondly by preventing pollution at sea; and the third is responsible for compensation, especially in regard to pollution caused by pollution. Apart from these large groups there are many other agreements relating to incitement, tonnage measurement, illegal actions against deployment and rescue, etc.
Why should one learn Maritime Law?
There are many reasons why a person should choose to study Maritime Law:
● History of Civilization – the maritime trade paved the way for the first civilization (Vasco da Gama, Christopher Columbus, John Selden, Hugo Grotius etc.)
● Understanding the Different Areas – depicts a person in the land of the maritime region, the vessels of a ship, the history of human trafficking and suffering etc.
● Maritime Trade and Commerce – maritime trade is still one of the most prominent forms of international trade [trading in Indian spices for centuries, RP Anand, Origin and Development of the Law of the Sea (Martinus Nijhoff, 1963), p. 14].
● Prospects for Growth – a large part of the maritime trade has great economic potential (90% of world trade takes place by sea route – see here).
● Never a Silent Minute – the sea offers open space; and wish to look the other way!
● Learning Maritime Law also has an emotional appeal – an awareness of marine life that most people in the world do not see; the joy of being on a ship / surrounded by a ship; openness of thought and openness is exposed in a world of endless possibilities (interesting stories about sea voyages – here and there).
How one should learn the Law of Water
Maritime Sector for Non-Legal Students
● A person without a legal background can not directly contribute to the legal profession.
● Knowledge of marine life allows us to better understand maritime economic activities that are very different from what is happening in the world.
● Gaining technical knowledge about maritime-based trading in itself is very interesting – for example, learning about the various stages of a ship’s life cycle (shipbuilding, ship accidents, rescue / towing, shipwreck etc.); or different types of commercial contracts (free shipping, cost / freight, cost / insurance / goods etc.)
Marine Attorney job Opportunities
1. Contract Specialist – writes contracts and procedures for setting the best transfer.
2. Prosecutor – common cases before domestic and / or foreign courts and special courts.
3. Facilitator Facilitator – mediating and / or resolving disputes between independent parties.
4. State Advisor – representing state and / or government institutions in various fields.
5. Internal Representatives – who assist in dispute resolution processes on behalf of law firms and / or other business entities in a representative manner.
It is like to work as a lawyer at sea
● Marine attorneys have licensed attorneys who specialize in law relating to any maritime activity. In seaside-related situations, seas and other open water areas represent customers or businesses. Today, maritime law as one of the oldest branches of law covers a wide range of issues, from injuries and working conditions at sea to transport and trade.
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● Marine Attorney acts like any other attorney – writes commercial, insurance and / or penalty contracts; handling individual cases involving contractual and / or contentious claims; to represent government and / or corporate institutions before law enforcement or higher authorities; negotiate stages / dispute resolution processes; reviewing existing agreements etc.
● Scope of work includes geographical diversity – bad credit (oil spills and marine damage, boring actions and / or personal misconduct); contract applications (damage to property, contract / inefficiency of contracts); and, insurance applications (maritime insurance, indemnity).
● There may also be some conflict with civil law issues – security claims (concerns about public law) (unnecessary movement between territories, actions that threaten state security); criminal law (troubled public law) (maritime crime issues, criminal lawsuits for local crime) etc.
What are the pitfalls, if any, of any Maritime Legal Specialist?
● Limited exposure to disciplinary technical information – International Trade Terms (INCOTERMS); phraseology used for ships (maritime suitability, bill of lading, standard rate etc.)
● Limited understanding of disciplinary diversity – contract applications arising from contract type; Serious claims caused by ship malfunction (shipwreck claims, rescue / drainage claims etc); arrest and detention (illegal entry into local areas); environmental damage (oil-spill overs).
● Limited access to appropriate opportunities – making maritime law in India remains a good place, albeit with endless possibilities.
Future of Maritime Law in India
● The Indian Ocean is expected to be the dominant world power in politics and economics in the 21st century.
● The unpublished National Maritime Policy Framework (NMP) stands on two pillars – first, the transformation of India from Brown Economy to Blue Economy (see here); second, a complete maritime safety fence.
● Prime Minister Narendra Modi has identified the Blue Economy as a tool for India’s development while emphasizing shared maritime protection and calling for ‘Security and Growth for All in the Region’ (SAGAR).
● The Federation of Indian Chambers of Commerce and Industry (FICCI) has produced a detailed report on Blue Economy Vision 2025: Consolidating Business Opportunities in India Inc and International Partners. The report also captures Prime Minister Modi’s vision for his SAGAR approach.
● The green economy will strengthen and strengthen the efforts of the Indian government as it strives to achieve the SDGs of poverty and poverty eradication and the sustainable use of marine resources by 2030.
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