Maritime Law
What the exam tests
Maritime Law tests the legal framework of navigation, jurisdiction, contracts of carriage, charterparties, bills of lading, salvage, general average and collision liability. The exam favours clear zone limits and the difference between ownership, flag and control.
Core rules
- UNCLOS: internal waters lie inside the baseline; the territorial sea extends 12 NM from the baseline; the contiguous zone extends 24 NM; the exclusive economic zone extends 200 NM. The high seas are open to all states.
- In the territorial sea, foreign ships enjoy innocent passage; the coastal state may regulate but cannot deny passage that is not prejudicial to peace, good order or security. Straits used for international navigation involve transit passage.
- Flag State jurisdiction is primary on the high seas, but port State and coastal State powers also apply in their areas.
- A bill of lading is a receipt, evidence of the contract of carriage and, for a bona fide holder, a document of title. Charterparties govern the shipowner-charterer relationship.
- General average requires sacrifice or expenditure intentionally and reasonably made for the common safety. Salvage traditionally follows no cure, no pay, subject to environmental provisions.
Worked example
A foreign tanker is 10 NM off a coastal State’s baseline and is not entering internal waters. It is in the territorial sea. The coastal State may apply laws on navigation safety, pollution and customs-type matters, but the vessel retains innocent passage if its passage is continuous and not prejudicial. If the same vessel were 30 NM offshore, it would be in the contiguous zone or EEZ, not the territorial sea, and the coastal State’s enforcement powers would be different.
Traps
Do not describe the EEZ as territorial sea. Do not say the flag State is the only regulator. Do not treat a bill of lading as a charterparty. No cure, no pay does not mean salvors can ignore pollution prevention.