3 Sources of Maritime Law

The USCG is the primary federal agency for the prohibition of marine drugs and shares primary responsibility for air interdiction with the U.S. Customs Service. As such, it is a major player in the fight against the influx of illicit drugs into the country. The USCG`s drug prohibition mission is to reduce the supply of drugs from the source by denying smugglers the use of air and sea routes in the transit zone, a 6 million square mile zone that includes the Caribbean, the Gulf of Mexico and the Eastern Pacific. To meet the challenge of patrolling this vast area, the USCG coordinates closely with other federal agencies and countries in the region to disrupt and deter the flow of illicit drugs. USCG drug prohibition accounts for a large portion of the total cocaine seizures the U.S. government makes each year, including 462,000 cocaine points and 21,000 marijuana points (worth more than $6.1 billion) in 2018 alone (DHS, 2019h). In most developed countries, the law of the sea follows a separate code and is a jurisdiction independent of national laws. The United Nations (UN), through the International Maritime Organization (IMO), has promulgated numerous conventions that can be applied by the navies and coast guards of countries that have signed the treaty outlining these rules. The law of the sea regulates many of the insurance claims relating to ships and cargoes; civil matters between shipowners, seafarers and passengers; and piracy. CHAPTER 21 – DEATH ON THE HIGH SEAS BY ILLEGAL ACT The Law on Death on the High Seas (“DOHSA”), 46 App. U.S.C.

761-767, which includes section 763a, which sets the three-year limitation period (or limitation periods) for bodily injury or death at sea. As borders harden more and more, illegal migrants are seeking sea routes to reach the United States. The USCG is responsible for preventing these attempts at illegal immigration, which can take place anywhere along the country`s maritime border (Atlantic and Pacific and Gulf of Mexico). Human trafficking and smuggling operations on sea routes are well established and thousands of people are trying to enter the country illegally along the many kilometres of coastline. However, if targeted migrants are captured before reaching land, they can be returned to their point of departure or country of origin without having to go through the lengthy and costly immigration hearings. In addition, however, geographical objects can be subtracted from the rules. Let`s call them IF-THEN zone rules. Let us take the example of the law of the sea, which distinguishes territorial waters from international waters. The principle is based on the distance of 200 nautical miles5, except in special cases. And the rest is defined as international waters. If we call SEAS, maritime spaces, ocean spaces and INTER_WATERS international waters, we have the following geometric definition, which includes a non-buffer geometric operation outside: In addition, the law of the sea regulates the registration, licensing and inspection procedures for ships and navigation contracts; marine transport insurance; and the transport of goods and passengers. Although the Pied Poudre courts, which were mainly responsible for settling disputes in English fairs and markets, also had jurisdiction over maritime matters, it is likely that the first English courts to apply the law of the sea with the Rolls of Oléron as a basis were the courts of the Cinque Ports.

The High Court of the Admiralty, which met in London, and the Vice-Admiralty Courts, which were established in the other ports, were a further development. They were named after the admiral, an officer whose duties were initially exclusively administrative and military, but were extended to disciplinary proceedings in cases such as piracy in the early 14th century. The Admiralty Court is considered to date back to 1360, when the admiral was first explicitly invested in civil maritime affairs. Until the end of the 16th century. In the twentieth century, the Admiralty courts had exercised an extremely broad jurisprudence that extended far beyond saltwater transport in many areas of commercial law. But in the first half of the 17th century, common law court judges managed to strip their Admiralty competitors of their commercial jurisdiction and limit them to deciding “things done at sea.” The law of the sea, also known as Admiralty law, is a body of laws, conventions and treaties that govern private maritime affairs and other nautical matters such as navigation or crimes in open water. International rules governing the use of the oceans and seas are known as the law of the sea. In continental Europe, the loss of uniformity in the law of the sea began at the end of the Renaissance and accelerated with the rise of nationalism in the 17th century. It was adopted by Christian XI of Sweden (1667), Louis XIV of France (1681) and the codex of Christian V of Denmark (1683). Among these, the most important are the decrees drawn up under Louis XIV`s Minister of Finance, Jean-Baptiste Colbert, as part of his overall but unrealized plan to codify all French law. Maritime practices established and adapted at the time became an integral part of the national law applicable to the French Admiralty Court, which was entrusted with maritime jurisdiction to the exclusion of the former consular courts, whose judges had been chosen by the seafarers themselves. The first code to appear beyond the Mediterranean was the “Rolls of Oléron”, named after an island in the Bay of Biscay and apparently from the 12th century.

Whether the Rolls were of French or Anglo-Norman origin, they became the heart of the law of the sea not only of England and France, but also of Scotland, Flanders, Prussia and Castile; and they are still sometimes cited as authority, even by American courts. The Rolls were strictly followed in the laws of Wisby, seat of the Hanseatic League until 1361. The USCG has been conducting drug prohibition missions since the late 19th century, when Chinese drug traffickers began illegally importing opium onto ships. During the Prohibition era, the USCG saw a fairly significant increase in resources and means to combat alcohol smuggling, including hunting for now-legendary rum runners. Today, drug trafficking at sea is a very important problem, and smugglers are using new technologies to avoid capture (including dive vessels that are very difficult to detect). Since its first drug seizures in the early 1970s, the USCG has seized more than £2 million worth of cocaine and marijuana. Supplementary Federal Regulations for the Admiralty and Maritime Claims Additional Federal Rules of Procedure for the Admiralty and Maritime Claims. Rule A (scope); Rule B (attachment and attachment); Rule C (actual acts); Rule D (ownership, small-ownership and partition shares); Rule E (actions in rem and quasi in rem; General provisions); Rule F (Limitation of Liability). Note: Depending on the circumstances, Rules A to E may apply to what is commonly referred to as the “arrest of a ship”. In English-speaking countries, “Admiralty” is sometimes used as a synonym, but in the narrow sense, the term refers to the jurisdiction and procedural law of courts whose origins date back to the function of the admiral.

Although etymologically the law of the sea and the “law of the sea” are identical, the former is generally applied to the law of private navigation, while the latter, which is usually preceded by “international”, refers to the maritime segment of international law. The Convention on the Law of the Sea, on the other hand, is a United Nations convention on territorial waters, sea routes and marine resources. The Convention was originally signed by 119 countries on 10 December 1982. Since the Mediterranean was not only the center of the Western world under Roman control, but also the most important trade route, European maritime law developed into a unified, supranational and comprehensive body of law – a feature that, although sometimes threatened by the spread of nationalism, was never completely lost. The barbarian invaders who moved south were not sailors, and the main seaports of the Mediterranean were thus able to maintain their independence. In addition, the conquered peoples were allowed to maintain the Roman law to which they had become accustomed, and in the field of maritime law, therefore, the transition to the Middle Ages took place. When some Italian cities began to commercially surpass the Eastern Byzantine Empire, they formulated their own laws of the sea, some of which dated back to 1063. Trani, Amalfi, Venice and other Italian port cities have all offered their own collections of laws. Nevertheless, the next widely accepted corpus of maritime laws was the Consolat de Mar, or “Consulate of the Sea”, originally assembled in Barcelona in the 13th century. More broadly than the previous codes, the Consolat was followed in Spain, Provence and Italian cities and had a significant influence on the development of modern maritime law.

Vietnam attaches great importance to the formulation of policies for the management of marine resources. In order to support the development of deep-sea fisheries, Vietnam has formulated a deep-sea fishing plan and adopted corresponding preferential customs regimes. In order to promote the development and use of crude oil and natural gas, Vietnam formulated preferential conditions for investment activities in natural gas and oil in 1998. In order to promote the development of mariculture, Vietnam launched the Aquaculture Plan in 1999 (1999-2010). In 2000, Vietnam drafted the National Plan for Marine Protected Areas to protect marine resources. In 2003, Vietnam formulated the Fisheries Facilities Plan (2003-2010) and invested $130 million in the construction and improvement of the largest seawater facilities in South Vietnam. In 2007, Vietnam adopted the 2020 resolution of the Vietnam Oceanographic Strategy, which combines marine management, economic defense and politics.