Maritime Law on ExcellentWiki - Legal Encyclopedia

Chinese Maritime Law

Mon, 06 Jul 2026 00:00:00 +0000

Scope and Principles

The Maritime Code of the People’s Republic of China, adopted in 1992 and effective from 1 July 1993, governs maritime transport relations between parties of equal status. The Code distinguishes between international maritime transport, which is governed by the Code, and coastal transport, which is governed exclusively by Chinese law and is reserved for Chinese-flagged vessels. The Code establishes the principle that international treaties to which China is a party prevail over the Code, and international customs apply where neither treaties nor the Code provide a solution. The Code has been supplemented by judicial interpretations of the Supreme People’s Court.

EU Maritime Law

Mon, 06 Jul 2026 00:00:00 +0000

The EU Competence in Maritime Transport

The Treaty on the Functioning of the European Union confers on the EU a shared competence in maritime transport under Articles 100(2) and 91 TFEU. While the common transport policy originally applied primarily to land transport, the extension to maritime transport has enabled the Union to adopt legislation on market access, safety, environmental protection, and the rights of passengers and seafarers. The EU’s Integrated Maritime Policy, established in 2007, aims to maximise the sustainable use of the oceans and seas by coordinating policies across sectors, including transport, fisheries, energy, environment, and maritime spatial planning.

French Maritime Law

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Sources of French Maritime Law

French maritime law (droit maritime) is codified in Book V of the Transport Code (Code des transports), created by Ordinance No. 2010-1307 and expanded in 2012 and 2016, which consolidates the former Maritime Code. The Law of 28 February 1800 on the organisation of the maritime administration remains historically significant. The French Civil Code applies as the general law of contracts and obligations where the Transport Code does not provide specific rules. France is a party to major international maritime conventions, which are implemented through domestic legislation. The port of Marseille and the commercial courts of Le Havre, Nantes, and Marseille are significant centres for maritime dispute resolution.

German Maritime Law

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Sources of German Maritime Law

Book 5 of the German Commercial Code (Handelsgesetzbuch, HGB) §§ 476–619 is the primary codification of German maritime law. The 2013 reform (Gesetz zur Reform des Seehandelsrechts) comprehensively modernised the law, aligning it with international conventions and modern commercial practice. The General Average Rules, the Ship Registration Regulation (Schiffsregisterordnung, SchRegO), the Maritime Labour Act (SeeArbeitsgesetz, SeeArbG), and the Federal Waterways Act (Bundeswasserstraßengesetz, WaStrG) supplement the HGB. The German Maritime Arbitration Association (GMAA) provides institutional arbitration for maritime disputes, with Hamburg as a leading centre for maritime arbitration.

Russian Maritime Law

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Sources and Scope

The Merchant Shipping Code of the Russian Federation (Кодекс торгового мореплавания Российской Федерации, КТМ), adopted in 1999, is the primary legislative instrument governing merchant shipping. The Code defines merchant shipping broadly to include any activity related to the use of vessels for the transport of goods, passengers, and baggage; fishing and other marine resource extraction; mineral exploration; towing; icebreaking; and salvage operations. The Code applies to ships sailing under the state flag of the Russian Federation, and to foreign-flagged ships within Russian territorial waters and internal waters, subject to the limits of international law.

UK Maritime Law

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Sources of UK Maritime Law

The Merchant Shipping Act 1995 is the primary codification of UK maritime law, consolidating over a century of merchant shipping legislation. The Marine Insurance Act 1906 remains the cornerstone of marine insurance law, codifying the principles developed by the commercial courts. The common law of admiralty, developed by the High Court of Admiralty and now administered by the Admiralty Court within the King’s Bench Division of the High Court, continues to govern areas not covered by statute. The UK is a leading maritime jurisdiction, and English maritime law is widely chosen as the governing law in international shipping contracts.

US Maritime Law

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Sources of US Maritime Law

Article III of the US Constitution extends the federal judicial power to all cases of admiralty and maritime jurisdiction. The Jones Act of 1920 regulates cabotage and provides a negligence remedy for seamen. The Death on the High Seas Act (DOHSA) of 1920 governs wrongful death on the high seas. The Limitation of Shipowners’ Liability Act of 1851 allows shipowners to limit their liability to the value of the vessel after an incident. The Carriage of Goods by Sea Act (COGSA) of 1936 governs the rights and liabilities of carriers under bills of lading. Federal courts develop the general maritime law, which supplements statutory provisions and applies uniform federal rules to maritime matters.