International maritime law Study Guide

📖 Core Concepts Admiralty law – body of law governing private maritime disputes and activities on navigable waters (sea, rivers, lakes). Law of the sea – public international law that regulates relations between states (e.g., maritime boundaries, mineral rights). Maintenance and cure – shipowner must provide cure (free medical treatment until maximum recovery) and maintenance (basic living expenses) to an injured seaman. General average – when a voluntary sacrifice is made to save a vessel, all parties in the venture share the loss proportionally. Allision vs. collision – Allision: vessel strikes a fixed object (bridge, dock). Collision: vessel strikes another moving vessel. Salvage – reward to a salvor who saves property at sea; can be contract salvage (pre‑agreed) or pure/mere salvage (based on merit). Maritime lien – privileged claim against a vessel for certain debts (e.g., wages, fuel, repair costs). Jones Act – U.S. statute giving seamen a right to sue employers for negligence and guaranteeing a jury trial. --- 📌 Must Remember Admiralty law = private‑to‑private; Law of the sea = state‑to‑state. Maintenance ends when seaman can return to work; cure continues until medically optimal. Three‑year limitation for personal injury/wrongful‑death claims (U.S.); two‑year for cargo claims under Rotterdam Rules. Five case types that must be filed in federal court (U.S.): shipowner‑liability limitation, in‑rem vessel arrests, quasi‑in‑rem property arrests, salvage actions, petitory/possession actions. High‑order salvage (e.g., boarding a sinking ship) yields higher awards than low‑order salvage (e.g., towing in calm seas). Piracy = “hostis humani generis”; any nation may exercise universal jurisdiction on the high seas. UNCLOS provides the framework for maritime zones, environmental protection, and dispute resolution (ITLOS). --- 🔄 Key Processes Filing a maintenance and cure claim Injured seaman notifies shipowner of injury. Shipowner provides medical care until maximum cure. Shipowner pays living expenses until seaman can work again. Seaman may recover attorney’s fees; willful breach → punitive damages. Arresting a vessel for a maritime lien Creditor obtains court order for in‑rem arrest. Vessel is detained at port; proceeds from sale satisfy the lien. In the U.S., filing occurs in federal court unless the reverse Erie doctrine applies. Salvage award calculation (pure salvage) Determine value of saved property. Assess risk level (high‑order vs. low‑order). Evaluate skill, time, and expense of the salvor. Apply a proportional formula (typically % of saved value) to reach the award. Piracy response protocol (for vessels in high‑risk areas) Follow NATO/MSC‑HAA best‑management practices (e.g., route planning, watch‑standing). Activate onboard security team if attacked. Report incident to nearest coastal state and flag state for possible universal jurisdiction prosecution. --- 🔍 Key Comparisons Allision vs. Collision Allision: vessel ↔ fixed object (bridge, dock). Collision: vessel ↔ moving vessel. Contract Salvage vs. Pure Salvage Contract: pre‑negotiated payment; award fixed by agreement. Pure: award based on merit factors (value saved, risk, skill). Admiralty Law vs. Law of the Sea Admiralty: private parties, contracts, injuries, salvage; heard in national courts. Law of the Sea: state‑to‑state issues, maritime zones, environmental regimes; enforced by international tribunals (ITLOS). U.S. Federal vs. State Admiralty Jurisdiction Federal: mandatory for five statutory case types; no jury trial (except Jones Act). State: may hear admiralty matters under “saving to suitors” clause; jury trial possible for Jones Act claims. --- ⚠️ Common Misunderstandings “Maintenance” continues indefinitely – it stops once the seaman is capable of working; only cure persists. All maritime claims must be filed in federal court – only the five enumerated case types are required; many others can be heard in state court. Piracy only occurs on the high seas – under UNCLOS, any nation may pursue pirates into territorial waters. Salvage always equals the value of the rescued property – pure salvage awards are a percentage of that value, adjusted for risk and effort. --- 🧠 Mental Models / Intuition “Ship as a shared venture” – Think of every voyage as a partnership; if a sacrifice is made (general average), all partners share the loss. “Two‑track liability” – Separate the person‑to‑person duty (negligence) from the statutory duty (maintenance & cure). “Fixed vs. Moving” – Anything fixed = allision; anything moving = collision. This instantly guides the applicable rule set. --- 🚩 Exceptions & Edge Cases Reverse Erie doctrine – In rare U.S. cases, a maritime lien may be enforced in state court despite the usual federal‑court requirement. Punitive damages – Available only for willful breach of maintenance and cure, not for ordinary negligence. Statutory 17 exceptions under the Carriage of Goods by Sea Act – carrier liability can be limited for specific causes (e.g., act of God, act of war). --- 📍 When to Use Which Choose federal court when the case involves: limitation of shipowner liability, in‑rem vessel arrest, quasi‑in‑rem arrest, salvage, or petitory/possession actions. Apply the Jones Act when a seaman sues his employer for negligence and a jury trial is desired. Invoke UNCLOS provisions for disputes over maritime zones, environmental breaches, or piracy prosecutions. Use contract salvage when parties can agree on a fixed fee before the rescue; use pure salvage when no pre‑agreement exists and the award must reflect merit. --- 👀 Patterns to Recognize “Duty‑to‑care” language → likely a passenger‑injury claim (requires negligence proof). “Fixed object” in fact pattern → trigger allision analysis. “Voluntary sacrifice” + “shared loss” → general average scenario. “High‑risk area + armed boarding” → piracy jurisdiction and universal jurisdiction applicability. --- 🗂️ Exam Traps Distractor: “All maritime claims must be filed in federal court.” – Wrong; only five specific types require federal jurisdiction. Distractor: “Maintenance ends when the seaman is discharged from the hospital.” – Incorrect; it ends when the seaman can return to work, not when discharged. Distractor: “Salvage award equals the full market value of the saved property.” – Misleading; award is a proportion based on risk, skill, and effort. Distractor: “Piracy can be prosecuted only by the flag state.” – False; universal jurisdiction allows any nation to act on the high seas. Distractor: “Collision and allision are interchangeable terms.” – Incorrect; they describe distinct factual situations (moving vs. fixed object).