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Admiralty law, also known as maritime law, is a set of rules that governs navigation and shipping. It covers things like shipping, navigation, waters, commerce, seamen, towage, wharves, piers, docks, insurance, maritime liens, canals, and recreation. Piracy is also a part of admiralty law. The goal of admiralty law is to create a uniform set of rules for navigation and shipping both nationally and internationally to make commerce easier. Admiralty law in the United States developed from British admiralty courts and is now under the jurisdiction of federal district courts. The ship's flag determines the source of law, and parties subject to admiralty cannot contract out of it. Admiralty law is separate from common law, but it may be used when no law on point is available.
Admiralty law, also known as maritime law, is a set of laws that govern navigation and shipping. It includes both substantive and procedural laws. This field covers topics such as shipping, navigation, waters, commerce, seamen, towage, wharves, piers, and docks, insurance, maritime liens, canals, and recreation. Piracy, which refers to ship hijacking, is also a part of admiralty law.
The purpose of admiralty law is to create a uniform body of laws that govern navigation and shipping both nationally and internationally to facilitate commerce. The federal courts have exclusive jurisdiction over this field, which they derive from the Judiciary Act of 1789 and Article III, § 2 of the U.S. Constitution. Congress regulates admiralty law partially through the Commerce Clause.
Admiralty law in the United States developed from the British admiralty courts present in most of the American colonies. These courts functioned separately from courts of law and equity. With the Judiciary Act, though, Congress placed admiralty under the jurisdiction of the federal district courts.
Under admiralty law, the ship's flag determines the source of law. For example, a ship flying the American flag in the Persian Gulf would be subject to American admiralty law, and a ship flying a Norwegian flag in American waters would be subject to Norwegian admiralty law. This also applies to criminal law governing the ship's crew. But the ship must be flying the flag legitimately; that is, there must be more than insubstantial contact between the ship and its flag, for the law of the flag to apply.
Parties subject to admiralty may not contract out of admiralty jurisdiction, and states may not infringe on admiralty jurisdiction either judicially or legislatively. Since admiralty courts are courts of limited jurisdiction, the "Savings to Suitors Clause" provides for concurrent state jurisdiction so that non-admiralty remedies will not be foreclosed. Moreover, state courts may have jurisdiction where the matter is primarily local.
Examples of topics covered by admiralty law include:
These examples illustrate how admiralty law covers a wide range of topics related to navigation and shipping. It includes laws related to the operation of ships, the rights and responsibilities of seamen, and the protection of maritime commerce. Admiralty law is an important field of law that helps to ensure the safety and efficiency of maritime transportation and commerce.