Admiralty and Maritime Law
Graphic by Alondra Pulido
Admiralty and maritime lawyers deal with two types of cases: 1) cases involving acts committed on the high seas or other waters, and 2) cases involving contracts or transactions connected with transportation on the high seas or other waters. For this reason, admiralty and maritime lawyers work in both litigation and transactional law, and their work may overlap with elements of criminal and environmental law.
Piracy is a crime outlined in the law of nations. It regards pirates as enemies of the human race and subjects them to universal jurisdiction. However, there are very few lawyers skilled in piracy law, especially in countries like Kenya and Seychelles where the majority of pirates are caught, and this leads to very few convictions. The United States, on the other hand, has very strict consequences for pirates—defining pirates under the law of nations, the United States has a mandatory life imprisonment sentence without the possibility of parole for individuals convicted of piracy.
One element of admiralty and maritime law that lawyers in the field oversee is granting awards for salvage (rescuing cargo or a shipwrecked at sea). This is a concept that the law of admiralty has held for nearly 3,000 years and a concept that the United States federal courts have repeatedly upheld. In order to exert this right, salvagers can file complaints in rem, naming shipwrecks as the defendant in order to seek the title of the wreck (for example, Zych v. Unidentified, Wrecked, and Abandoned Vessel) or a salvage award.
Photo by NOAA on Unsplash
Sources
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Admiralty Law of Salvage [G.H. Robinson, 23 Cornell Law Review 229 (1938)]
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Cases of Admiralty and Maritime Jurisdiction [Legal Information Institute]
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Lawyers vs. Pirates [J. Peter Pham. Foreign Policy (2010)]
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Maritime Piracy in US Courts [Marilyn Raia, Pacific Maritime Magazine (2010)]
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The Law of Nations; or Principles of the law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns [Emerich de Vattel (1758)]
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Zych v. Unidentified, Wrecked and Abandoned Vessel, Believed to be the "Seabird", 811 F. Supp. 1300 (N.D. Ill. 1992)
Admiralty and Maritime Law Resources
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Admiralty and Maritime Law [ABA]
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Maritime Law Association of the United States
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University of Washington School of Law Faculty:
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Craig H. Allen - UW Law Professor
LL.M., International Maritime Law Institute. Member of the Maritime Law Association. Author of a variety of publications concerning admiralty and maritime law.
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Thomas Schoenbaum - UW Harold S. Shefelman Professor of Law
Research in maritime law.
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Video: Current Issues in International & Domestic Maritime Law
Books
Admiralty and Maritime Law by
The Fourth Edition of this leading treatise, which is widely cited by the U.S. Supreme Court and lower federal and state courts, contains an updated, comprehensive analysis of the law of admiralty and shipping. Every section has new footnotes and there is over 100 pages of new or revised text. New documents were added as well. This resource is widely recognized as the standard work in the field.
Publication Date: 2005-12-05
Maritime Law Reporter by
"Practice oriented, this reporter covers in-depth analysis of recent cases and legislative developments, including coverage in the areas of personal injury law, international law, cargo and collision cases, and charter litigation."
Penny A. Hazelton, Specialized Legal Research
Publication Date: c1987-c1999
Careers in International Law by
This Fifth Edition presents a broad lineup of diverse contributors, who share their experiences of how they transitioned into international legal practice. Fifteen authors detail their goals, their paths, and how their professional lives have evolved.
Publication Date: 2019
