By Bridget Hornsby

A close look at any household, business, state or nation and you will see a progression of rules and laws built on newly-born offenses. For instance, a child accidentally loses some precious and irretrievable information while exploring your computer, and suddenly there's a new house rule: No touching the computer! The old cliché "Mother Necessity is the root of invention" applies to law as much as it does with any technological advances, and it's no respecter of size, society or site, including the sea.

The genealogy of maritime law dates back to ancient times and is the original (and most developed) form of international law. It has affected international trade, politics and pleasure boating. In its simplicity, maritime laws are merely the rules of conduct of men on the high seas, but in its complexity, the nations have convened to form them, many government agencies enforce them, the courts across the seas hear the cases involving them, and the lawyers have circled to find their niche in them.

So where did it all begin? Numerous codes of seamanship, a few written as far back as the ancient days of Phoenicia (circa 2000 BC), serve as the basis of today's maritime law--or "admiralty," as it is sometimes called. Some significant ones, however, are the Rhodian Sea Law, the Tablets of Amalfi (AD900s), the Rules of Oléron (the earliest account of this was in AD1148), and the Consulate of the Sea (AD1494).


The most famous, ancient, legal code was derived from the commerce on the Mediterranean Sea between Egyptians, Phoenicians and Greeks. Special tribunals that were set up in the Mediterranean Sea ports heard cases of disputing seafarers. Eventually these judgments led to the codification recorded in the Rhodian Sea Laws. Rhodes, an island off the coast of Turkey, was originally a Phoenician colony and the center of trade at the time. The Phoenicians were considered the greatest seafarers of the ancient era, primarily dealing in commerce and colonization. Their colonies strung across the Mediterranean Sea from present-day Lebanon to Tangier in North Africa. From the Rhodian Sea Laws we obtain the "General Average" code, which is still in use today. The "General Average" involves the release of liability of the sea captain with regards to the cargo he carries. In case of peril, the sea captain has the right to discard any property from the vessel in order to save the ship. Property back then included goods, slaves, or passengers' liberties and pertained to all perils, particularly piracy. References to these early Phoenician laws can be found in the writings of Plato, Cicero, Livy, Strabo, and other Roman publicists.


By the year 800 picturesque Amalfi, located south of Naples on the western coast of Italy, had become an important seaport with an appointed chief magistrate and fleet that was largely responsible for ridding the seas of the Mohammedan sea pirates. For all of the 10th century and the beginning of the 11th century, the Amalfitans experienced great economic wealth with their seafaring commercial interests, creating a very important power seat in the Mediterranean. Their wealth is attributed to possessing one of the most ancient maritime codifications, the famous Tabula Amalphitana, or Tablets of Amalfi. It was the most accredited code of all the sailor nations of that time and has formed the basis for the other maritime codes, especially regarding the relationship between the ship's master and the sailor and between sailors and traders. For instance, Articles 14 and 15 describe an embryonic form of workmen's comp, so that a seaman injured in defending the ship from pirates would be medically treated and financially compensated with his share of the venture. This city of seafarers has also been attributed as being the cradle of compass perfection for navigation and the home of the first medieval nautical papers.

Medieval times gave rise to two more strategic islands, which dictated the international rules of the sea: the Island of Oléron (France), and Gotland (Sweden). It was in Oléron, then under English rule, in about 1152 to 1160 that the Queen of England, Eleanor of Aquitaine, introduced the first admiralty laws to the northern part of Europe: The Rules of Oléron, and while history gives evidence to Eleanor's initiative, the actual documents date 1266. They regulated shipping, specifically wine and oil, in the Baltics and Mediterranean. In general these codes addressed the relationship between the captain and the owner and merchants, the captain and his crew, warned against theft, and required a binding oath of all on board. Many of these codes are still in effect today.

All of these attempts at maritime codification mentioned so far are best exemplified by the publication and general acceptance Consulate of the Sea printed in 1494. This verbose document (it has 334 Articles) has been described as the "authority above all others." A look at modern international law will reveal that its roots are contained within the Consulate of the Sea. These early ordinances pertained to naval combat, marine insurance, safe passage, contraband goods, enemy goods on neutral vessels, neutral goods on enemy vessels, and many others. They are, to this day, part of the international laws of the sea.

Having many codes naturally presents an issue of jurisdiction that has been shuffled about throughout the years. For instance, confusion arose severely after the Protector of England Oliver Cromwell came to power. Not only did the monarchy disappear, but also so did the position that decided maritime cases, high admiral, which had been established since Edward III. With Cromwell's approval, Parliament claimed jurisdiction and passed act after act to fit each particular case regarding the matter of prizes. Eventually, the high admiral was restored, but not before the Common law courts insisted that it was their business to rule over maritime issues.

Observing the need for designated authority, the U.S. government addressed the issue of jurisdiction outright. The U.S. Constitution assigns all cases of admiralty to the federal judiciary. The Judiciary Act of 1789 gave the federal district courts exclusive jurisdiction in admiralty and made the Supreme Court the ultimate arbiter of admiralty disputes, although a "saving" clause permitted state courts to hear some maritime actions. Maritime cases are generally heard in Federal Court while nonmaritime matters are usually heard in State Court. Also, a Federal District Court Judge, not a jury, hears most maritime cases. So whether it's a seaman injured on a barge, a recreational boater involved in a collision or wake damage case, or the owner of cargo damaged in ocean transportation, all cases are heard in Federal Court.

Current maritime law is a potpourri of ancient codes and new regulations. Sea hazards have stayed relatively the same, but technology and trade have changed. Among the traditional principles of admiralty still in use today are marine insurance, general average and salvage. The welfare of the seaman, the ancient concept of "maintenance and cure" is also still in use today. Accidents like the Exxon Valdez oil tanker spill and the endangerment of whales from over whaling have change maritime law in favor of marine ecology. Admiralty has come a long way towards the creation of a strong ecological awareness and a new body of laws and court opinions.


The very nature of maritime law is that of globalization and international solutions; from ancient statutes to present day laws, maritime law sets the standard and offers a foundation for many other industries of globalization. Who would have guessed that 4,000 years ago, the Phoenicians would issue edicts and codes that would affect modern industries like aerospace engineering, air transportation, Internet, telecommunications, and insurance?

For more information or copies of original documents log on to The Admiralty and Maritime Law Guide at www.admiraltylawguide.com. The Admiralty and Maritime Law Guide includes over 1,500 annotated links to admiralty law resources on the Internet and a growing database of admiralty case digests, opinions and international maritime conventions.

Bibliography:
McFee, William. Laws of the Sea. J.P. Lippencott Company, New York, N.Y. 1950.
http://members.aol.com/dangelaw/admir.html
http://www.admiraltylawguide.com/
http://www.amalfi-coast.info/english.htm