The theme of the Maritime Law module is maritime casualties and their aftermath. The law considered in this module is characterised by its diversity: international conventions, national legislation, influential industry contracts, and case law all contribute to a fascinating mosaic in which the focus of the law is a developing blend of commercial and environmental concerns.
The module accordingly commences with the law relating to maritime collisions before examining the distinctive maritime law doctrine of limitation of liability. Discussion of the legal response to oil pollution is followed by extended consideration of the law of salvage. The module concludes by examining the law relating to wrecks, focusing particularly on the rights of owners, salvors and insurers.
The idea that rules of the road govern how motor vehicles are driven and how they encounter one another safely is doubtless familiar. Most of the sea, however, is not divided into lanes in the way that a road is. What, then, is the position where two vessels are heading directly towards one another, or where they are on converging crossing courses so that they will collide in the absence of evasive action? How is the navigation of vessels organised in narrow straits of water such as the Dardanelles or the English Channel? How is liability determined should a collision occur?
In the event of a maritime casualty, maritime law acknowledges a unique system of capping liability, today found for the purposes of English law in an international convention of 1976. Other countries adhere to a convention of 1957, while some countries apply national law. What claims are subject to limitation, and by whom? Under what circumstances can limitation be broken? How is limitation calculated? How is limitation invoked, and what is the effect of a limitation decree on liability proceedings in a jurisdiction that recognises a different, more generous, approach to limitation?
One possible consequence of a maritime casualty is, of course, oil pollution. Considerable liabilities may ensue. To honour such liabilities, international financial institutions have been created. How do they operate? Where does the money come from?
A further possible consequence is that one or more vessels involved in the casualty may require assistance from salvors. What principles underpin the law of salvage? How is a salvor’s remuneration assessed? How is a salvor’s intervention encouraged in circumstances of threat to the environment?
Ultimately, a maritime casualty may result in a vessel being rendered a wreck. Containers or other items of cargo may be washed up on to the shore, or the ship and its cargo may sink to the sea floor. How are the rights of owners and insurers preserved in these circumstances? Particular problems arise where ships carrying valuable cargoes of gold bullion or gold and silver coins sank some years ago, but are eventually located. They may be considered of some historical interest and value, but at the same time have commercial value as well. Who has what rights in circumstances such as these?