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International Maritime Law: Assignment

Added on - 10 Sep 2021

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Running head: INTERNATIONAL MARITIME LAW
International Maritime
Law
INTERNATIONAL MARITIME LAW1
Introduction
International maritime law or the Admiralty law is a body that used to govern the issues of
private maritime. The maritime law consists of both domestic law and international law. The
domestic law consists of the activities that happen on the maritime. Whereas private
international law that governs the relationship between the ocean-going ships and private
parties. Maritime deals with the matters that include marine navigation, marine commerce,
marine salvaging, sailors, shipping and the transportation of goods and passengers by sea.
In the scenario given in a case study will be discussed according to international maritime
law. It will also be discussed the issues that have been risen in this case. The rule that will
apply in this case and applicability of the laws on these issues will be discussed. Based on
laws and its applicability it will be discussed that who is liable for the injuries and following
the causality that happened. In the case study the liability of owner will also be analysed and
what liability will arise to the owner will be discussed with the relevant case laws.
Issue
The issues that have been a rise in this case:
Does the owner of M/s Limassol is liable for the damages and injuries?
A how much extent does the M/s Limassol is liable for the damages and injuries?
What is the liability of the tugboat little giant that provides assistance based on the
UK standards conditions?
Rule
The rule for reducing the conflict, therefore nations has drawn several international
conventions about the limitations of marine stability of damage. There has been a
convention on which there has been a limited liability of the owner of the on the on-going
ships. There have been various conventions has been for the liability of damage on the
maritime. The conflicts in the sea is arise due to various reasons and to reduce the risk it
becomes it is required a uniform law1.
According to the international maritime law, the owner of the vehicle will be liable for his or
her own actions. He has also liable for the tort liability for the actions of the captain of the
ship, sailors, crew, pilot, and any other person in the service of the ship. These actions have
1Loannis Chapsos and James Malcolm "Maritime security in Indonesia: Towards a comprehensive
agenda?."(2017) 76Marine Policy178-184.
INTERNATIONAL MARITIME LAW2
happened on the service or performance of his/her duties. The owner has a contractual
liability for the obligations of the captain that ensured that the contract has been concluded in
the limitation of the legal powers. InBelae v Markwarth shipping Company Ltd2case, there
was a question who will bear the liability that has caused from the negligence of the pilot.
The owner is held liable because the act was done at the time of his service, therefore the
liability is of the owner of the company3.
The shipowner has the right to determine his liability if it has been proved that he is liable for
the damages to the claimant. However, the shipowner will not be held liable if the damages
have occurred through the salvation of the ship and the other damaged like nuclear damage
and the other damages that has occurred through the oil pollution and contamination by the
other materials.
The owner of the ship liability in the physical damage will be if the total tonnage of the ship is
below the 500 tones than it will be determined by the 600,000 EGP. However if the tonnage
exceeds the 500 tones than the liability will be increased by the 350 EGP per each exceeded
ton. The amount for the non-physical damaged that has been assigned from the incident will
be the one unit for the payment of the compensation for this incident. InPeople of Satawal
ex rel Ramoloiluq v Mina Maru4case, the quantity of damage had been determined by the
Court in accordance with the law and determined by the value of the commodity,
replacement value and tourism value.Dai Wang Shenq v Japan Far Seas Purse Seine
Fishing Association5, the Court held in this case that collision of the two ships or with some
other objects of the sea has been caused due to negligence. There was no due care was
there and therefore the plaintiff will be held liable to pay the damages. It is also been said by
the Court that the damages paid by the defendant in the extent of damage that has been
caused6.
In Accordance with the English law where the liability for the personal injury will be $15 per
ton will occur. However, the liability can be waived if there is a contract between the parties.
There has been certainly in the maritime law the duty of care of the other ships has arisen
when the two neighbour ships collide. It has been established rule under a duty of care of a
neighbour ship. However, the burden of proof lies on the claimant who has applied for the
damages. The rule that has generally been followed is of the good seamanship that is
2[1981] SHBC 10; [1980-1981] SILR 218 (23 October 1981)3Douglas Gates "International law adrift: forum shopping, forum rejection, and the future of maritime
dispute resolution."(2017) 18Chi. J. Int'l L2874No 3 [2001] FMSC 24: 10 FSM Intrm 337 (Yap 2001) (20 July 2001)5[2001] FMSC 65: 10 FSM Intrm 112 (Kos. 2001) (28 March 2001)6Aldo, Chircop, David Dzidzornu, and Chidi Oguamanam "Ocean law reform: A multi-level
comparative law analysis of Nigerian maritime zone legislation" (2016) 67Marine Policy60-75.
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