Maritime Law HistoryMaritime law (admiralty law) in the United States of America, came into effect when the Judiciary Act of 1789 gave federal district courts exclusive jurisdiction in admiralty law cases, making the Supreme Court the ultimate authority on admiralty disputes. While the U.S. Constitution extended federal judicial power to all cases of admiralty and maritime jurisdiction, there is still a 'saving' clause that permits state courts to hear some maritime cases.
Contributing to U.S. Maritime Law is the English system of admiralty law, which initially dealt largely with cases of piracy or naval discipline, however later branched out in their jurisdiction to commercial matters. These doctrines were carried over to the Americas in the 1600s, when the vice-admiralty courts were established in principle seaports. Contributing to the early English Admiralty laws are what have been termed the three arches of modern admiralty law, that is the laws of Wisbey, the laws of Hansa Towns, and the laws of Oleron, a Baltic port, Germanic league, and French island respectively, which came about as commerce from the Mediterranean moved northward and westward.
Pre-dating these European admiralty doctrines are the recordings of individual judgments, and the establishment of common rules. Additionally the maritime code of the island of Rhodes, which is credited as the earliest maritime code, and the customs of early Phoenicians, Egyptions, and Greeks played a large role.
While not all of the original principles of Admiralty Law still apply, those that are still in use include Marine Insurance, General Average, Maintenance and Cure (the welfare of the seaman), and Salvage. While many of the basic hazards of sea travel have not changed, recently new hazards have been added in the form of various fuels that are now carried onboard ocean vessels, such as crude oil or natural gas. These have added new issues of liability when an accident occurs, with regard to the local marine ecology, as well as new dangers to the individuals serving on seafaring vessels, necessitating the continuance and strengthening of Admiralty Law.
As a result of all of this, modern Admiralty Law consists of laws that are derived from custom, judicial decisions, legislative enactments, and international treaties. Those who are affected by Admiralty Law not only affect the crew of the vessel, but also the ship owner, cargo owner, and marine insurer. Matters that fall within Admiralty Law include salvage claims, marine pollution, and collisions at sea. Even though the bulk of Admiralty Law is designed to deal with legal issues revolving around the sea transportation industry, some recreational boating activates may also fall within Admiralty Law.
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