General Maritime Law Of The United States

 General Maritime Law Of The United States - This article is about the legal principle of maritime law. For the generalized mean in mathematics, see Generalized mean. For the carrom billiards term, see Glossary of cue sports terms § General average.

In 2012, the owners of the Hanjin Osaka transited through the Panama Canal announced the Jeral average following an explosion.

General Maritime Law Of The United States

The general law of average is a principle of maritime law whereby the loss resulting from the voluntary sacrifice of a part of the ship or cargo is shared by all parties proportionately. For example, if the crew is carrying some cargo to burn the ship in a storm, the loss will be shared proportionately by both carriers.

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Code 238 of Hammurabi Law (c. 1755–1750 BC) stipulates that a sea captain, ship manager, or ship charterer who saved a ship from total loss need only pay half of the ship's value to the ship-owner.

A legal commentary written by the Roman jurist Paulus at the beginning of the Crisis of the Third, in the Digesta seu Pandectae (533), the second volume of the codification of laws ordered by Justinian I (527–565) of the Eastern Roman Empire. The Lex Rhodia ("Rhodian Law") was incorporated in 235 AD, setting forth the principle of Geral Average, established on the island of Rhodes from about 1000 to 800 BC as a member of the Doric Hexapolis. During the Greek Dark Ages (c. 1100-c. 750) the invasion and rise of the Sea Peoples meant the spread of Doric Greek.

In the face of perils at sea, crew members have little time to determine exactly whose cargo they are jettisoning. Thus, to avoid squabbles that wasted valuable time, a fair practice was introduced whereby all merchants who safely unloaded goods were required to contribute a portion to the merchant or merchants who dumped the goods on the basis of a share or percutage. Jump into the sea to avoid sudden danger. Geral average finds its origin in uncited maritime law, and the principle continues in the admiralty law of most countries.

[edit] Early modern inspiration [edit] If cargo is thrown overboard to light a ship, the lex rhodia provides that the loss shall be compensated by assessment of everything made for the benefit of all.— Julius Paulus Prudissimus, Commentaries on Paul (ca. 230 AD)[8]

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A form of what is now called the Geral Average was included in the Lex Rhodia, Rhodes' maritime code of 800 BC.

Julius Paulus Prudissimus quoted from the early 3rd century law, these quotations are preserved, and a quotation is included in the 6th century Digest of Justinian (part of the Corpus Juris Civilis), although the Lex Rhodia is now lost.

After the fall of Rome, formal maritime law fell into disuse in Europe. The concept of the general average was often pursued as a practical matter.

The medieval Rolls of Oleron, probably a collection of judgments from a court in Bordeaux, provided guidance on (among other things) what is now called the Gerral Average, considered authoritative in many parts of Europe: the Laws of Visbeau. The laws of Flanders, the Hanseatic League, Amsterdam, Goa, and Catalonia also appear to have been copied from the Rolls of Oleron.

Law Of The United States

An ordinance published by King Louis XIV of France in 1681 influenced the laws in other parts of Europe, and the definition used in the French Code followed the same terms and in the same terms and was proclaimed in that period, followed by Hamburg, Prussia, Denmark, Sweden, Spain, Amsterdam, Rotterdam, and Middelburg.

It was adopted by American companies in 1949. Jarral averages require three elements, which Barnard v. In Adams, Justice Grier clearly stated:

"First. A general peril: a peril in which the ship, cargo, and crew all participate; a peril other than the voluntary loss of one part of the whole to save the rest, and apparently 'inevitable'."

"Secondly. This immediate danger, periculi immintis evitanti cosa, or, in other words, there must be a voluntary removal, jactus, or casting away of some part of the joint concern to make a transfer from the danger. To a particular part of the whole."

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The York-Antwerp Rules were updated in 1994, 2004 and 2016. The text of the 1994 Acts, which are still widely used, can be found here:

The 2016 Rules can be downloaded from the website of the Comité Maritime International, custodian of the York-Antwerp Rules [1]. Is there a difference between maritime law and admiralty law and why are these terms often used interchangeably? Historically, these terms have applied to various types of legal proceedings involving ships, passengers and crew at sea.

The terms admiralty law and admiralty courts originated in England. These courts dealt only with special disputes and claims arising out of contracts and torts on the high seas. These claims include matters such as lost or damaged cargo, usually between a business owner who contracted for a shipment and a shipowner who failed to deliver those goods.

Maritime law refers to the extension of legal protections to deal with claims relating to accidents of sea travel or personal injuries while working on a ship.

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As admiralty law developed to include cases involving maritime injuries and workers' rights, the distinction between maritime law and admiralty law became blurred, and the terms are now used interchangeably in the United States court system.

In the US, federal courts have chosen to have admiralty or maritime jurisdiction. Maritime cases were of national importance and could affect trade with other countries, so it was considered most appropriate to decide them at the federal level and under ancient codes of maritime law.

This jurisdiction is granted in Article III, Section 2 of the U.S. Constitution. Federal admiralty courts follow maritime body law, operate according to their own procedures, hold trials without juries, and handle many cases "in rem."

State courts may also have jurisdiction over a case involving admiralty and maritime law, but decisions must be made in accordance with federal maritime law. This "concurrent jurisdiction" allows people to seek certain legal remedies under state law that are not available from federal court.

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At a higher level, maritime law applies to vessels in navigable waters. In ancient times, these terms were sufficient, but, over time, they both developed and became more clearly defined. Determining whether admiralty laws apply in a case involves understanding all types of vessels and the waters in which they operate.

The definition of navigable waters has been expanded and restricted over the years, and certain depths and distances from the coastline, such as around an oil platform, may change the jurisdiction of cases.

Congress has repeatedly passed laws expanding the protections afforded by law to maritime workers. Individuals gained the ability to sue for injuries at sea or wrongful death and the right to sue the United States. The ability to sue was also extended to workers engaged in offshore energy production in the waters of the outer continental shelf.

The laws governing these cases now extend to maritime labor regulation, commercial shipping and salvage. In order to file a case under Maritime Law, these conditions must be met:

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Cases involving maritime matters almost always fall within the jurisdiction of the Admiralty Court. Major examples of cases handled in these federal maritime courts include:

A maritime court may proceed to arrest a ship in cases where a substantial claim has been made against the ship. In order to recover the vessel, the owner(s) are required to post a substantial bond and risk losing their vessel unless court-ordered compensation is paid.

Personal injuries and wrongful death on board a ship are generally covered under maritime law. Traditional remedies such as personal injury lawsuits and workers' compensation may not be available to these individuals.

There are many maritime laws that protect dock workers, sailors, mariners, and oil or gas drilling crews. The best way to navigate the complexities of the law may be to consult with an experienced admiralty attorney or maritime law firm.

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Since 1964, the maritime attorneys at Maintenance and Cure have helped thousands of marine workers with experienced representation and compassionate support. In all cases, your initial consultation is free and you will pay nothing unless we win your case in court or reach a fair and just settlement for you and your family. Contact us today for the legal guidance you need after a serious accident at sea.

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