Legal Definitions - levato velo

Levato velo refers to the legal principle, primarily rooted in Roman law and particularly significant in maritime matters, that judicial proceedings should be conducted openly and be accessible to the public. This principle emphasizes transparency in the administration of justice, ensuring that legal processes are visible to the community rather than being carried out in private.

Here are some examples illustrating the application of levato velo:

• Imagine a large cargo ship suffers an engine failure in international waters and is successfully rescued by a specialized salvage vessel. When the owners of the cargo ship and the salvors cannot agree on the appropriate fee for the rescue, the dispute goes to a maritime court. The principle of levato velo dictates that the hearings for this salvage claim, including arguments about the value of the rescued cargo and the complexity of the operation, must be open to the public and media, not conducted in secret.

  This illustrates levato velo by showing how a specific maritime dispute – a salvage claim – is subject to public scrutiny, ensuring transparency in the determination of a fair award.

• Consider a local community group challenging a port authority's decision to expand a shipping terminal, arguing it will negatively impact local fisheries and the environment. The legal proceedings reviewing the port authority's environmental impact assessment and decision-making process would be held publicly.

  Here, levato velo ensures that the legal challenge against a significant maritime infrastructure project, which affects public interest, is conducted transparently, allowing the community and other stakeholders to observe the arguments and evidence presented.

• Following a collision between two commercial vessels in a busy shipping lane, leading to significant damage and potential environmental spill, a formal inquiry is launched to determine fault and prevent future incidents. While initial investigations might be confidential, any subsequent legal proceedings to assign liability or impose penalties on the responsible parties would be conducted openly.

  This example demonstrates levato velo in the context of a maritime accident, ensuring that the process of determining responsibility and accountability for a major incident is transparent and visible to the public, fostering trust in the legal system's ability to address such events.