INTRODUCTION
A larger subset of international law is international maritime law. It revolves on everything pertaining to the oceans and seas. International maritime law specifically regulates ships, persons employed by or on behalf of the ship, and marine resources, such as fish and other marine life as well as oil and natural gas that are found in the seas and oceans.
Different concepts under maritime law
1. Ship registration
The process that establishes a ship’s nationality documents is called ship registration. A ship’s nationality is established and additional shipping regulations are enforced through registration. It gives a state the legal authority to safeguard a particular ship by associating it with that state.
Once a ship’s nationality has been officially recognised, it can sail wherever in the world that its home country’s residents desire. Each ship requires to be registered in a specific country. A ship follows the regulations of the nation in which it is registered.
2. Flag state
The nation where the ship is registered is known as a “flag state”. The ship’s flag state has total regulatory authority over it. Additionally, the flag state must certify the ships and their crew members and conduct routine inspections of the vessels for nations that have signed agreements globally. Additionally, the flag state guarantees environmental conservation and safety. The entity designated as the “registry” is in charge of registering ships and certifying their compliance. The type of registry, that is if it is private, public, or a combination of the two, depends on the laws of that country. In certain instances, the government grants permission to a third party to handle ship registration.
3. Ship arrest
The phrase “ship arrest” refers to the admiralty procedure of civil law, which involves obtaining an arrest warrant for the ship. A provision in maritime law allows for the stopping of a ship’s movement or trade via a ship until further orders are given by the relevant court. In order to secure a court claim, the ship or vessel is detained through the application of a judicial procedure. It is crucial to remember that this ship arrest does not grant permission to seize a ship for the purpose of carrying out or executing a court order.
There are various reasons why a ship may be the subject of an arrest warrant. After following the legal process outlined by maritime law, the authority assigned to carry out this duty may make an arrest of the ship. The ship is also being investigated in connection with this warrant. A ship’s inquiry may be conducted for crimes as well as other incidents such as collisions, salvage, fatalities, injuries to persons, property loss, breaking rules on the road, health or safety laws, and the carrying out of a decree.
4. Recreational boating
A ship or boat of any kind that is utilised or capable of being used for transportation is referred to as a “recreational boat.” This includes lifeboats, temporary boats, liveaboard boats, and any other kind of boat. Every year, the recreational boating industry suffers hundreds and thousands of deaths and injuries. It’s crucial that these ships are typically used for non-commercial objectives. Non-commercial boats are subject to the same regulations as commercial vessels. If these non-commercial boaters violate any maritime laws or navigation regulations, they will be subject to the penalties listed in the relevant maritime statutes.
With a few exceptions classified as “seasoned maritime incidents,” these incidents are handled by maritime regulations. Comparative fault applies to the harm claim in certain situations, meaning that each party bears a portion of the blame. For instance, all of the operators and participating vessels are considered participants in collisions involving pleasure craft. But, in order to demonstrate their lack of involvement, the party must first acquire proof. Recreational boaters frequently observe errors such as failing to yield to traffic, overtaking other boats illegally, blind turns, speeding, excessive wake-throwing, docking, inadequate navigational lights, mishaps, and a lack of training.
5. Transit passage rights
A vessel may move freely within a strait, allowing it to follow a smooth, continuous, and quick transit between two areas of the high seas or exclusive economic zones. This is known as transit passage in the law of the sea.
This right of transit passage is subject to an exception, though, which specifies that if a strait forms between a state’s island and its mainland and there is a seaward of the island, the right of transit will not be applicable.
Without adjacent notices or governmental approval, every military and commercial ship has the unrestricted right of transit passage in channels used for international navigation in the course of their regular business. Regarding surface ships and submarines, the phrase “normal mode of operation” refers to the surface ship’s ability to navigate in a way that complies with vessel security and the submarine’s ability to travel underwater. The vessel cannot be suspended by the neighbouring states for any needless cause, including military drills. Furthermore, states are not allowed to enact laws or rules that impair the freedom of transit passage.
6. Protection of the marine environment
Due to the fact that pollution in marine environments has been a problem for many years, international communities have developed a number of laws and regulations to address this issue. International communities and organisations have listed a number of treaties and conventions to address the problem of the marine population. Even the United Nations Conventions, such as the International Convention for the Prevention of Pollution from Ships, have established standards and guidelines in the field of maritime law. It lays out the responsibilities and duties that signatory nations have to maintain and safeguard the maritime environment.
One of the most significant treaties in the area of marine law is the United Nations Convention on the Law of the Sea (UNCLOS 1982), which mandates that all countries endeavour to conserve the marine environment and contains provisions for environmental protection.
Maritime law in India – Current status
The Law Commission’s 151st Report contained recommendations that led to the introduction of a bill in 2005 pertaining to admiralty matters; however, the bill failed to be passed. The Ministry of Ports, Shipping, and Waterways is in charge of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, which came into effect on April 1st, 2018.
Done By: Nithyaparvathy R.G, B.Com LL.B (Hons.), Junior Legal Consultant
For Origin Law Labs
