My apologies for the delay in posting, as I was caught up in other activities.
I intend to devote this article to the history and emergence of maritime law in the context of vessels, which I hope will enlighten my readers as to its current importance.
Sea trade has been going on for centuries, both in the Western and Eastern civilisations. While most Western Scholars rely heavily on the European link to maritime law development, it is an undisputed fact that maritime trade and its jurisprudence had its roots much earlier than that. Manu Smriti, the oldest law book in the world and literally meaning " Laws of men", lays down references to commercial sea borne trade. In the Artha Sastra of 4th century BC, Chanakya mentions sea borne commerce with references to a Board of Trade for shipping.
Similarily, on the Western front, there are documented reasons to believe that Egyptian civilisation had an active sea trade,but there is no mention of a law governing same.The earliest mentions of a concept similar to maritime law were found in the Rhodian Sea Law ( Latin: Lex Rhodia), which was based on the Code of Justinian, commissioned in the 6th century AD. The Roman maritime laws, which followed subsequently, borrowed heavily from Lex Rhodia. It is to be noted that these laws gave much importance to General Average, as the sinking and loss of sailing ships, either due to weather or other reasons, was quite common. The Roman Maritime laws lasted quite a while, due to the fact that the conquerors of the Roman Empire were not much sea faring and were content to use the Roman maritime laws. Gradually, Italian cities on the Mediterranean sea front gained prominence in Maritime trade and started out by devising their set of rules known as the Consolat de Mar or "Consulate of the Seas" or "Regulation of the Seas". It is surmised that these Rules were devised either at Barcelona or at Pisa in early 11th century. These "Regulations" covered a wide range of subjects including conduct of Masters and seamen, General Average, jettison of cargoes, freight, salvage etc.
A most significant development that took place with regards to codification of Maritime Law was the formation of the Rules of Oleron in early 13th century. These Rules were named after the island of Oleron in the Bay of Biscay. It is theorised that the Duchess of Oleron was influenced by the Consolat de Mar in her travels and set about consolidating the Maritime Rules into the Rules of Oleron. Theses Rules highly influenced the development of Maritime laws in England, Scotland and much of Continental Europe. A study of these Rules shows an inclusion of issues which are still relevant such as salvage, average, grounding, maritime liens, demurrage, freight , seamen's wages and so forth.
I intend to devote this article to the history and emergence of maritime law in the context of vessels, which I hope will enlighten my readers as to its current importance.
Sea trade has been going on for centuries, both in the Western and Eastern civilisations. While most Western Scholars rely heavily on the European link to maritime law development, it is an undisputed fact that maritime trade and its jurisprudence had its roots much earlier than that. Manu Smriti, the oldest law book in the world and literally meaning " Laws of men", lays down references to commercial sea borne trade. In the Artha Sastra of 4th century BC, Chanakya mentions sea borne commerce with references to a Board of Trade for shipping.
Similarily, on the Western front, there are documented reasons to believe that Egyptian civilisation had an active sea trade,but there is no mention of a law governing same.The earliest mentions of a concept similar to maritime law were found in the Rhodian Sea Law ( Latin: Lex Rhodia), which was based on the Code of Justinian, commissioned in the 6th century AD. The Roman maritime laws, which followed subsequently, borrowed heavily from Lex Rhodia. It is to be noted that these laws gave much importance to General Average, as the sinking and loss of sailing ships, either due to weather or other reasons, was quite common. The Roman Maritime laws lasted quite a while, due to the fact that the conquerors of the Roman Empire were not much sea faring and were content to use the Roman maritime laws. Gradually, Italian cities on the Mediterranean sea front gained prominence in Maritime trade and started out by devising their set of rules known as the Consolat de Mar or "Consulate of the Seas" or "Regulation of the Seas". It is surmised that these Rules were devised either at Barcelona or at Pisa in early 11th century. These "Regulations" covered a wide range of subjects including conduct of Masters and seamen, General Average, jettison of cargoes, freight, salvage etc.
A most significant development that took place with regards to codification of Maritime Law was the formation of the Rules of Oleron in early 13th century. These Rules were named after the island of Oleron in the Bay of Biscay. It is theorised that the Duchess of Oleron was influenced by the Consolat de Mar in her travels and set about consolidating the Maritime Rules into the Rules of Oleron. Theses Rules highly influenced the development of Maritime laws in England, Scotland and much of Continental Europe. A study of these Rules shows an inclusion of issues which are still relevant such as salvage, average, grounding, maritime liens, demurrage, freight , seamen's wages and so forth.
