ADMIRALTY & MARITIME LAW


Admiralty and Maritime Law


PLEASE SEE DISCLAIMER


Since this page is always being updated, please refresh on loading

bookmark as http://admiraltylaw.cjb.net

E-mail
jurist@attorney.com


Links to Maritime Law firms, Ship Registries, Freight Forwarders, Adjustors and Sites of Salty / Nautical interest.

Whether you want to research a point of Admiralty law, charter a vessel, or rent a boat in the Keys, you ought to be able to find your answers in the useful links below. This page is intended only to provide information, not legal advice. Do not rely on information contained on this site, but seek local counsel for definitive legal guidance.
Coming soon: - Law and information on Maritime Injury and Accident; Salvage and Recovery; Pleasure Cruise and Pleasure Boating.

MARITIME LINKS

[Maritime Law] [Maritime Arbitration]
[Insurance] [Personal Injury
[Small Boaters] [Salvage and Finds
[Ocean Carriers] [Freight Forwarders]
[Ship and Yacht Registries [Ports]
[Nautical Other] [About the Author]

MARITIME LAW

Maritime Law runs on at least three levels. States assert jurisdiction over their ports, bays and navigable waters, yet '[t]he federal courts derive their exclusive jurisdiction over this field from the Judiciary Act of 1789 and from Article III, § 2 of the U.S. Constitution. Congress regulates admiralty partially through the Commerce Clause. American admiralty law formerly applied only to American tidal waters. It now extends to any waters navigable within the United States for interstate or foreign commerce. In such waters admiralty jurisdiction includes maritime matters not involving interstate commerce, including recreational boating.' [LII discussion].

The third level is international: be it on the High Seas or in contested waters claimed by two or more national governments. Maritime law is one of the oldest and richest bodies of law, and one by its very nature, tending to be international in character. Aside from those occasions where the contest is decided by shot and shell, international and bilateral treaties, such as the English Carriage of Goods by Sea Act 1971, the Hague Rules as Amended by the Brussels Protocol (1968), and the United Nations (UNCTAD) Minimum Standards For Shipping Agents (1988), set up agreed-upon sets of rules ex ante, while many international disputes are resolved through ADR. Many of the international and national laws, regulations and court decisions can be found in the links below..

Uni. of Tromso's International Trade Law Site.
U.N. International Maritime Organization
MARAD - the U.S. Maritime Administration
UN Law of the Sea
Journal of Maritime Law and Commerce
U.S. Coast Guard Homepage - know what's required to make captain, ship and crew seaworthy.
DMOZ - many links to primary sources of domestic and foreign admiralty law.
COLREGS - the Collision Regulations in pdf format. It may come as a surprise to many boat owners that the COLREGS, based on international law, but codified into US law, does not allocate fault in collisions. The entire idea is to avoid collisions entirely. So if you get hit, by and large, you can be deemed at fault as well, for failure of maintaining a proper lookout. Doesn't seem quite fair does it? Cast yer eyes upon the text box to yer screen's starboard side.
Who has the "right of way" on the water? 
"The Navigation Rules do not confer upon any vessel the "right of way", however, certain vessels "in sight of each other" are responsible "to keep out of the way" of others. See Rules 11 through 18 -- which can be found here 
Usually, power-driven vessels are to keep out of the way of sailing vessels or a "vessel engaged in fishing", unless they are "restricted in their ability to maneuver" (Rule 18), when overtaking another vessel (Rule 13), or when navigating a "narrow channel or fairway" (Rule 9), and, other less explicit circumstances. Note, a "vessel engaged in fishing" means any vessel fishing with nets, lines, trawls, or other fishing apparatus which restricts maneuverability, but, does not include a vessel fishing with trolling lines or other fishing apparatus which does not restrict maneuverability."
-- 
Download the latest edition of the USCG NavRules
North of England COLREGS posters in PDF format as well.
FSU Admiralty Law Library
LII's Admiralty Law Reference. Excellent source.
Maritime Lawyers & Maritime Law
Southeastern Admiralty Law Institute
U. S. & International Law - good introduction and discussion of numerous aspects of Admiralty Law (e.g. Purchase and Sale of Vessels, Registration and Documentation, Carriage of Goods, Charter Parties, General Average, Salvage, Liens, Marine Insurance, Limitation of Liability, Law Enforcement and a handy Guide to Yacht Purchases, by George d'Angelo, Esq., of Washington, D.C.


The Due Diligence Needed to Rate a Vessel as 'Seaworthy' - Tetley's Law and Other Nonsense, by William Tetley, Professor, Faculty of Law, McGill University, the Distinguished Visiting Professor of Maritime and Commercial Law, Tulane University (loads of information here!)

Supplementary Federal Rules for Certain Admiralty and Maritime Claims. Good to know that the Federal Rules regarding Ships arrests and other matters relating to civilian law at sea are governed by their own special rules.

Florida Statutes, Title XXII - Ports and Harbors
Florida Statutes, Title XXIV - Vessels
Florida Marine Laws
Regulations - Florida Marine Patrol
The Beaches Sea Turtle Patrol, Inc. - and the laws you have to pay attention to with regard to turtles, Manatees and stranded dolphins on Florida beaches
How to call the Florida Marine Patrol
Virginia Code Annotated - use the search term "vessels.


VaughnShip Index

Marine, Ships, Pilots,Tugs & Nautical Links

Judge John R. Brown - Admiralty and Maritime Collection Bibliography.
Boat-Links - billed as the 'Mother of All Maritime Links.'
Links to Ports, Services and Gateways to yet more links.
Maritime and Admiralty Law Attorneys and Law Firms - results of an Oingo Search. Sorry, I don't pick the names. Lots of information though.
Nourse & Bowles - Law firm links to many many useful sources of admiralty law, involving for instance COLREGS, which deals with the maritime collision rules / rules of the road, COGSA (Carriage of Goods by Sea Act), along with injury, liability, state, national and international maritime law. Good stuff here.
De Orchis, Corsa & Hillenbrand - NY and Florida.
Countryman & McDaniel - Avast! - Keep a sharp lookout for maritime casualties and piracy with the Countryman & McDaniel database.
CruiseLaw - a maritime law website sponsored by the firm of Walker & York
Stepp & Sullivan (Tx)- More Salty Law Links, this time from a Texas firm.
SeaPortsInfo.com - Attorney listings.

AdmiraltyLaw.com

AdmiraltyLaw.com - Links

... this site contains useful Admiralty information such as the Carriage of Goods by Sea Act (COGSA), the Convention on the International Sale of Goods (CISG), information on Cargo Insurance, and such terms as, FAS, FOB, General Average and the "Jason Clause" ...and if it doesn't have it, it has links to cites that do.

Florida Proctors in Admiralty

SeaPortsInfo.com - Attorney listings.

FL Defense - basic listing of Florida Admiralty Attorneys.
Proctors in Port Canaveral
Marine Council (Arbitrators)
Tampa Bay Mariners Club Directory - list containing several Tampa-area lawyers
The Propeller Club HQ, International - not exclusively lawyers, the Propeller Club was first formed right after the war as an informal lunch club of merchant marine / maritime professionals to determine the highest and best use of all those surplus government ships. Membership has grown worldwide, to include Switzerland.
Griffin Aviation and Maritime Personal Injury
Wagner, Vaughan & McLaughlin - Tampa maritime Personal Injury firm 

SHIP ARRESTS, LIENS & LIBELS IN ADMIRALTY

Whether a vessel is seized for an infraction or to satisfy a debt, seizure of a vessel must be done through special rules and is known as a 'ship arrest' and carried out by a 'Libel in Admiralty.'

Ship Arrests - Sullivan & Boyd, a Jacksonville, FL firm having the distinction of having 'arrested' a Giant Crane and a luxurious German icebreaker.

Ship Arrest and Sale - a FAQ page by Marine Lenders Services of Seattle.

Arrest, Attachment and Related Maritime Law Procedures (final version published (1999) 73 Tul. L. Rev. 1895-1985) by Prof. William Tetley, Q.C.

Seizure of a vessel by judicial authority - Ship Information Center
Arresting ships
International Convention on Arrest of Ships, 1999
UNCTAD
bibliography
The Libel of the Amistad - one of the better-known Libels
The Apollon
The Pesaro
Maritime Liens - good discussion by DangeLaw
Caribbean Vessel Recovery - if possession is 9/10ths of the law, sometimes additional assistance is in order: "International Recovery and Re-Marketing of misappropriated ships and yachts; specializing in the Bahamas, Caribbean and the Americas."
Go Topside

ARBITRATION

Many ship charters include clauses for arbitration, which in many foreign countries, is more acceptable than litigation. Watch this space as links are added.

Marine Council - Arbitration is often used in lieu of court proceedings. Here is a listing of Florida-based maritime arbitrators.

Demurrage.com - a.k.a. DSI a.k.a. Demurrage Specialists International a.k.a. Jeanette G. Smith. Jeanette warns us to put arbitration terms in the Charter up front, or else

Go Topside

MARITIME INSURANCE Protection and Indemnity or 'P&I', and Freight, Demurrage & Defense 'FD&D'

Stuff happens, and when it happens at sea or otherwise in the nautical context, it usually costs someone a lot of money. From slip and fall, man overboard, running aground, or major calamities, insurance comes into the picture. Insurance at sea comes with it many special considerations, such as the Jones Act, the Longshore and Harbor Workers' Compensation Act, Demurrage **, bottomry and General Average.

According to the London Club P&I 'is the traditional name for insurance to cover Shipowners and Charterers against their legal liabilities to third parties,' whereas FD&D 'covers the legal costs and expenses in relation to disputes which Members may have with third parties. Under this class of cover, the Club offers assistance to Members in seeking to recover sums which are due to them when contesting sums which are wrongly claimed from them in respect of vessels which they have entered.'
If and when insurance gets paid to the injured parties, the insurers 'step into the shoes' of the insureds and now may seek to recover the costs which they have had to pay from the negligent parties. This is called 'subrogation' and is the heart of some maritime practices. Other differences from land-lubber insurance is that those owning the goods, or the right to the goods being shipped ('shippers'), may have to share in the loss the vessel owners or charterers ('carriers'). This is an ancient principle of maritime law, known as 'general average' which dates back at least to Roman times.


UK & USA P&I Clubs

Admiralty Law Guide - an outstanding and comprehensive site covering the law of Marine Insurance, links, definitions, et cetera.
Briar Marine
St. Paul - includes forms.
Lloyd's List - all about shipping and insurance, contact a ship via INMARSAT.
Coast Underwriters Limited (Canada) - insure your vessel or cargo, or both. Learn of the mysterious-sounding 'Bumbershoot' policy.
CNA (UK)
SKULD - a leading international P&I club based in Scandinavia.
The Swedish Club
Admiralty Insurance, which sponsors the SeaFarers webpage, provides information on both private and commercial nautical insurance and risk avoidance.
Go Topside

MARITIME PERSONAL INJURY & SURVIVAL ACTIONS

Maritime Personal Injury, Walker, Miami
Shipping, Boating & Diving Accidents, Drownings, Unseaworthy Vessels - Hawaii
Cruise Line injury law / Boating accidents
Go Topside

SMALL BOATERS

For the Yotties, there's always the Seafarers.com website.
Recreational Boating Links for Ragmen - About.com's collection of all sorts of small boat sailing links. Stinkpotters need not apply.
YachtingNet - Fair's fair. Online mag on boats and gear. Ragmen need not apply.
BoaterEd - hosts fora on numerous small boating topics.
The Maritime History Virtual Archives - Dictionaries, history, seamanship, rigging, ship model building, biographies, and even how to load and fight your 12 pounder deck cannon, are stowed here.
Bob Stephenson's MostlyFloridaBoating - Charts, Tides, weather maps, bouys, channel markers and life aboard things afloat, also includes info on trawlers.
Go Topside

SALVAGE AND FINDS Diamonds and rubies and doubloons. . .

Treasure Trove - def.~ tresor trouve ~ O. fr. 'found treasure.'

Whether recovering sunken treasure from Davy Jones' Locker, your yacht from the tidal basin or magnesium nodules off the ocean floor, there are the legalities to be taken care of. According to the people at FreeAdvice.com:

The admiralty law of the United States has long recognized that the law of salvage rewards the voluntary salvor for the successful rescue of life or property imperiled at sea. In order to have a valid claim for having rendered salvage services, the salvor must show that the property saved was imperiled, that his services were voluntarily rendered, and that he was successful in whole or in part to the saving of the property.
SafeSea's section on Salvage - based on an article authored by noted admiralty lawyer Andrew Anderson. More SafeSea salvage info and resources located here.

International Convention on Salvage 1989 - or SALCON 1989, which codifies old maritime practice into U.S. law.

FreeAdvice: Salvage, Treasure Law

Shipwrecks
Shipwrecks and History - by the Amelia Research & Recovery Company.
ShipwreckExplorer shipwreck exploration and salvaging, Hallstrom Holdings (PTE) Ltd is owned and operated by Sverker Hallstrom and Ena Hallstrom. Known also as Scorpio Treasure Inc, the Singapore-based company operates across the globe - from Asia and Europe, to Africa and the Americas.
UnderWater, Inc. Salvors servicing the US Gulf area, as are Diveside.com.
Mel Fisher Maritime Museum 

Some Well-Known Wreck and Salvage Efforts

Fla Dept. of State v. Treasure Salvors, Inc., 458 U.S. 670 (1982) - the Salvor - State and Federal thumbfight over the booty of the Nuestra Senora de Atocha.
The wreck of the Edmund Fitzgerald
The Hunley 

TOWING

When you're becalmed, lost bunkers or otherwise dead in the water, a call to nautical tow services is in order.

C-Port - organization of and lobbyists for the marine assistance industry.

SHIP SURVEYORS

Attorney Mike Vaughn's Commercial Ship Information Center. Open your checkbook because here is where you can by that cargo vessel you always wanted. Lots of good information on ship registration, insurance and financing. 
Master Marine Surveyor - Rob Scanlan, Nahant, MA. Mr. Scanlan will tell you what that prospective purchase is worth. 
KnotJustMaritime.com/ - Fla. surveyor
CW Kellock Co - a.k.a. shipauctions.com (U.K.) valuing a range of vessels, to include a replica viking longboat, as well as the standard fare
Wreckage.org - international ship surveyors with affiliates in NYC, London and Singapore
Go Topside

OCEAN CARRIERS

Just representative examples. Many more embedded within the Gateway links on this page.
Maritime Global Net - Big Tanker and Ship portal.<
Randburg Shipping (Norwegian)
FinnLines
Ships and Shipping Home Page
Freighter World Ever consider taking the slow boat to China, or better yet, dispatching someone else with a supply of crossword puzzles? Not exactly the usual cruise.

CRUISE LINES

If hauling cargo in the traditional sense is a tough market, there is always the cruise line industry, which is quite strong here in Florida.

SeaLetter CruiseLine Index

Go Topside

FREIGHT FORWARDERS & ALMOST EVERYTHING ELSE

ShipNet International - comprehensive site to registries, agents, brokers... the whole nine yards

Vincent DiPilato has put together an outstanding Gateway into a very comprehensive set of Nautical Links

Serra International, Inc. Freight Forwarders
Serra International, Inc. More Links
Transportation Resources- Princeton's multi modal listing of planes, trains and everything that moves from point A to point B, along with their schedules.
Admiralty.com - Maritime law dictionary
Go Topside

SHIP & YACHT REGISTRIES

Germanische Lloyd - German ship registry's worldwide locations.
International Registries, Inc.- Register your vessel in the Marshall Islands or form an Offshore Corporation. I interviewed the folks at IRI. They seemed very professional and were dedicated to registering only seaworthy vessels. Registering dangerous ships, they told me, 'is bad for business.'
Flags of Convenience.com - Greece.
The Hub: - Classification Societies in Germany, Scandinavia and Japan.
Yacht Registry - hire a yacht, learn of their fees and availability.
ATU General Trust (BVI) Limited - Register Class 2 vessels in the British Virgin Islands.
International Association of Classification Societies - UK
Go Topside

PORTS

Seaports Information Page
American Association of Port Authorities
Port Canaveral
Port of Portland
Port of Bellingham Home Page
Go Topside

NAUTICAL OTHER

Journal of Commerce's Maritime News

Maritime.com - get the news here on all that's going on in international shipping.
Sail-the-Net.com - search through this international listing or add your own.
Sign on to ShippingJobs.com


Naval, Marine and Maritime links - LOTS of them. 

Nautical Lexicons and Dictionaries

Shipping Terms - Glossary describing charter parties and the like
The Mariner's Jewel: or, a Pocket Companion for the Ingenious.(1735) - ye olde Nautical lexicon.
Nautical Terms in the Vernacular -- many of our every-day expressions, such as the whole nine yards, three sheets to the wind and freeze the balls off a brass monkey are from old sailing-ship days. This website explains the history of each expression and illustrates them with examples from Patrick O'Brians's fine Aubrey-Maturin series.
The Charles W. Morgan - now restored and tied up at dock at Mystic Seaport, Conn. The Morgan harpooned more whales than any other, so the legend goes. That must really frost the crowd of the Save the Whales persuasion.
The Captain's Maritime Links - this Skipper's cargo hold is full of useful websites, from Admiralty lawyers, to ports of call, to images.
Florida Ocean Resources
Florida Tide Data
Free Fla. Nautical Charts, minus S/H


Piracy Links - Yes, it still happens. In the Caribbean, your boat is valuable for shipping somebody else's drugs, in the Indian Ocean and the Pacific pirates and Tamils conduct piracy in the old, very unromantic fashion. 

VOICES OF THOSE CALLING FOR CHANGE

CNA Nov 04, 1996 Integration or disintegration?
International Transport Workers' Federation -- Maritime
Flags of Convenience (Anti)
Meanings of International Maritime Signal Flags - Avast! Know what to do if you see the "Oscar" flag hauled aloft.* 
Bogg's - The Merchant Mariner's Homeport
Index of Merchant Marine Pages
Index to Sea-man.com 
* "Man overboard - standby to come about."
** liquidated damages payable for delay in loading or discharging cargo beyond the "laytime" allowed for these operations under the charterparty. see also Tetley - Maritime Law as a Mixed Legal System 

CHANTYS AND SUCH

"Farewell To Nova Scotia"
Sea 'chantys' (and reels, jigs and hornpipes) served not only the purpose of easing the boredom that accompanied shipboard life, it also helped the lads to 'haul away together' around the capstan to raise sail or anchor. Here is a bibliography.
Go Topside


DISCLAIMER

The materials and information contained on this page are intended to provide information, but not advice about Virginia and Florida law, as well as law in general. The pace of change does not permit a constant update of the information provided on this page. Do not act upon information from this page without consulting legal counsel.

The sending of e-mail to, or receiving e-mail from, this webpage is not intended to create an attorney-client relationship. If an attorney-client relationship is to be established, it must be done by an express signed writing. Unless and until an express agreement has been made between attorney and client to assume representation, please note that e-mail sent to this site will not be privileged and may even be disclosed to other persons.

This web page is not intended to be advertising. Nor does the above-named attorney wish to represent anyone desiring representation based upon viewing this web site in a state where this web site fails to comply with all laws and ethical rules of that state. This is meant to be informational only, in the nature of bulletins and consistent with our profession's obligation to help inform not only our clients but also to cultivate knowledge of the law to the public in general.

FLORIDA BAR STATEMENT

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the lawyer to send you free written information about the lawyer's qualifications and experience.
Go Topside

The author [Richard Vaughan, Esq.] is a Florida-licensed attorney who has served aboard U.S. Navy vessels in the Pacific Fleet and studied Maritime law under Professor Bob Jarvis, author of Careers in Admiralty and Maritime Law. Prof. Jarvis is currently a Professor of Law at Nova Southeastern. Mr. Vaughan is currently practicing law near Cape Canaveral, Florida and speaks both German and French .