View Full Version : Admiralty Law

Thursday, November 22nd, 2018, 02:04 PM


Thursday, November 22nd, 2018, 10:15 PM
Although each legal jurisdiction usually has its own enacted legislation governing maritime matters, admiralty law is characterized by a significant amount of international law developed in recent decades, including numerous multilateral treaties.


Seaborne transport was one of the earliest channels of commerce, and rules for resolving disputes involving maritime trade were developed early in recorded history. Early historical records of these laws include the Rhodian law (https://everipedia.org/wiki/Rhodian_law/) (Nomos Rhodion Nautikos), of which no primary written specimen has survived, but which is alluded to in other legal texts (Roman and Byzantine legal codes), and later the customs of the Consulate of the Sea (https://everipedia.org/wiki/Consulate_of_the_Sea/) or the Hanseatic League (https://everipedia.org/wiki/Hanseatic_League/). In southern Italy the Ordinamenta et consuetudo maris (https://everipedia.org/wiki/Ordinamenta_et_consuetudo_maris/) (1063) at Trani (https://everipedia.org/wiki/Trani/) and the Amalfian Laws (https://everipedia.org/wiki/Amalfian_Laws/) were in effect from an early date.

Bracton (https://everipedia.org/wiki/Henry_de_Bracton/) noted further that admiralty law was also used as an alternative to the common law in Norman England, which previously required voluntary submission to it by entering a plea seeking judgment from the court. [2] (https://everipedia.org/wiki/Admiralty_law/12936874/)

Islamic law (https://everipedia.org/wiki/Sharia/) also made major contributions to international admiralty law, departing from the previous Roman (https://everipedia.org/wiki/Roman_law/) and Byzantine (https://everipedia.org/wiki/Byzantine_law/) maritime laws in several ways. These included Muslim sailors (https://everipedia.org/wiki/Islamic_economics_in_the_world#Age_of_di scovery/) being paid a fixed wage (https://everipedia.org/wiki/Wage/) "in advance" with an understanding that they would owe money in the event ofdesertion (https://everipedia.org/wiki/Desertion/) or malfeasance (https://everipedia.org/wiki/Malfeasance/), in keeping with Islamic conventions in which contracts should specify "a known fee for a known duration." (In contrast, Roman and Byzantine sailors (https://everipedia.org/wiki/Sailor/) were "stakeholders in a maritime venture, inasmuch as captain and crew, with few exceptions, were paid proportional divisions of a sea venture's profit, with shares allotted by rank, only after a voyage's successful conclusion.") Muslim jurists also distinguished between "coastal navigation, or cabotage (https://everipedia.org/wiki/Cabotage/) ", and voyages on the " high seas (https://everipedia.org/wiki/High_seas/) ", and they made shippers " liable (https://everipedia.org/wiki/Liable/) for freight (https://everipedia.org/wiki/Freight/) in most cases except theseizure (https://everipedia.org/wiki/Search_and_seizure/) of both a ship (https://everipedia.org/wiki/Ship/) and its cargo (https://everipedia.org/wiki/Cargo/) ". Islamic law "departed from Justinian's Digest (https://everipedia.org/wiki/Pandects/) and the Nomos Rhodion Nautikos (https://everipedia.org/wiki/Nomos_Rhodion_Nautikos/) in condemning slave jettison", and the Islamic Qirad (https://everipedia.org/wiki/Qirad/) was a precursor to the European commenda limited partnership (https://everipedia.org/wiki/Limited_partnership/). The "Islamic influence on the development of an international law of the sea" can thus be discerned alongside that of the Roman influence.

Admiralty law was introduced into England by the French Queen Eleanor of Aquitaine (https://everipedia.org/wiki/Eleanor_of_Aquitaine/) while she was acting as regent (https://everipedia.org/wiki/Regent/) for her son, King Richard the Lionheart (https://everipedia.org/wiki/Richard_I_of_England/). She had earlier established admiralty law on the island of Oleron (https://everipedia.org/wiki/Oleron/) (where it was published as the Rolls of Oleron (https://everipedia.org/wiki/Rolls_of_Oleron/) ) in her own lands (although she is often referred to in admiralty law books as "Eleanor of Guyenne"), having learned about it in the eastern Mediterranean while on a Crusade (https://everipedia.org/wiki/Crusades/) with her first husband, King Louis VII of France (https://everipedia.org/wiki/Louis_VII_of_France/). In England, special admiralty courts (https://everipedia.org/wiki/Admiralty_court/) handle all admiralty cases. These courts do not use thecommon law (https://everipedia.org/wiki/Common_law/) of England, but are civil law (https://everipedia.org/wiki/Civil_law_(legal_system)/) courts largely based upon the Corpus Juris Civilis (https://everipedia.org/wiki/Corpus_Juris_Civilis/) of Justinian (https://everipedia.org/wiki/Justinian_I/).

Admiralty courts were a prominent feature in the prelude to the American Revolution (https://everipedia.org/wiki/American_Revolution/). For example, the phrase in the Declaration of Independence "For depriving us in many cases, of the benefits of Trial by Jury" refers to the practice of Parliament giving the Admiralty Courts jurisdiction to enforce The Stamp Act (https://everipedia.org/wiki/Stamp_Act/) in the American Colonies. Because the Stamp Act was unpopular, a colonial jury was unlikely to convict (https://everipedia.org/wiki/Jury_nullification/) a colonist of its violation. However, because admiralty courts did not (as is true today) grant trial by jury, a colonist accused of violating the Stamp Act could be more easily convicted by the Crown.

Admiralty law became part of the law of the United States as it was gradually introduced through admiralty cases arising after the adoption of the U.S. Constitution (https://everipedia.org/wiki/United_States_Constitution/) in 1789. Many American lawyers who were prominent in the American Revolution were admiralty and maritime lawyers in their private lives. Those included are Alexander Hamilton (https://everipedia.org/wiki/Alexander_Hamilton/) in New York (https://everipedia.org/wiki/New_York_(state)/) and John Adams (https://everipedia.org/wiki/John_Adams/) inMassachusetts (https://everipedia.org/wiki/Massachusetts/).

In 1787 John Adams (https://everipedia.org/wiki/John_Adams/), who was then ambassador to France (https://everipedia.org/wiki/United_States_Ambassador_to_France/), wrote to James Madison (https://everipedia.org/wiki/James_Madison/) proposing that the U.S. Constitution, then under consideration by the States, be amended to include "trial by jury in all matters of fact triable by the laws of the land [as opposed the law of admiralty] and not by the laws of Nations [i.e. not by the law of admiralty]". The result was the Seventh Amendment to the U.S. Constitution (https://everipedia.org/wiki/Seventh_Amendment_to_the_United_States_C onstitution/). Alexander Hamilton and John Adams were both admiralty lawyers and Adams represented John Hancock (https://everipedia.org/wiki/John_Hancock/) in an admiralty case in colonial Boston involving seizure of one of Hancock's ships for violations of Customs regulations. In the more modern era, Supreme Court Justice Oliver Wendell Holmes (https://everipedia.org/wiki/Oliver_Wendell_Holmes,_Jr./) was an admiralty lawyer before ascending to the bench.
Admiralty law | Wiki | Everipedia

Friday, February 22nd, 2019, 05:46 PM
https://youtu.be/VUEZ_R0ZWnA<br><br><br>Really worth listening to.