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ADMIRALITY LAW AND THE PECULIARITIES IN THE JURISDICTION

Courtesy/By: Amulya Bhat | 2019-06-03 17:50     Views : 264

Maritime or admirality law is a law which governs all issues related to navy or marine activities. This law also deals with domestic activities along with maritime activities. Not only is this law concerned with marine activities but also with the seamen and all other contracts related to marine insurance. India even after its independence has adhered to the colonial courts and remain oblivious to thedevelopments around the globe.


However, there are some peculiarities to the jurisdiction of this law. Tracing the owners of the ships travelling international borders are usually very difficult since they are usually registered in Greece, Cayman or the Panama where the laws or norms related are often less stringent and even if the owners of the ships are traced, filing a suit against one maybe difficult owning to laws and jurisdictional conflicts or dilemmas. In order to avoid jurisdictional conflicts, certain claims known as the maritime claims are laid down which can be used in case unavoidable issues which rise due to the jurisdictional dilemmas. However, the admirality jurisdiction is strictly restricted to these claims in case of issues. These claims are usually enforced against a ship by arresting the ship. The same has been given under the Ship Arrest Conventions, 1952 and 1999. According to this convention the ships can be arrested and procedural guidelines must be followed.


Admirality law is neither restricted as statutory laws nor is it confined within it. The admirality law contains a wide spectrum of laws and hence there must be amendments which give necessary space for judicial interpretations. The discretion of choosing the actions must be given to the high courts, which must be used wisely. The maritime claims must be provided in such a manner that it does not hinder the growth of the shipping industry.

Courtesy/By: Amulya Bhat | 2019-06-03 17:50