해상법
해사재판관할권, 해상화물운송, 해난구조 및 충돌 책임.
소개
Maritime law (admiralty law) governs legal matters relating to shipping, navigation, and commerce on the seas. England has historically been a leading maritime jurisdiction, with the Admiralty Court (part of the King's Bench Division) having specialist jurisdiction. Key areas include carriage of goods by sea (governed by the Carriage of Goods by Sea Act 1971 incorporating the Hague-Visby Rules), salvage, collision, limitation of liability, and marine insurance.
핵심 원칙
Admiralty Jurisdiction — The Admiralty Court has jurisdiction over claims relating to ships, cargo, collision, salvage, towage, and maritime liens (Senior Courts Act 1981, s.20).
Carriage of Goods by Sea — The Hague-Visby Rules (Carriage of Goods by Sea Act 1971) govern the carrier's obligations and liabilities for goods carried under a bill of lading.
Bills of Lading — A bill of lading serves as a receipt for goods, evidence of the contract of carriage, and a document of title. The Carriage of Goods by Sea Act 1992 governs the transfer of contractual rights.
Salvage — The law of salvage rewards those who voluntarily save maritime property from peril. Governed by the International Convention on Salvage 1989 (implemented by the Merchant Shipping Act 1995).
Limitation of Liability — Shipowners can limit their liability for maritime claims under the Convention on Limitation of Liability for Maritime Claims 1976 (Merchant Shipping Act 1995, s.185).
Collision — Liability for collision at sea is governed by the Maritime Conventions Act 1911 and the International Regulations for Preventing Collisions at Sea (COLREGs).
핵심 법령
Carriage of Goods by Sea Act 1971
Merchant Shipping Act 1995
주요 판례
The Hague
[1908] P 189
The Achilleas
[2008] UKHL 48
일반적인 시나리오
Cargo damaged during sea transit
Under the Hague-Visby Rules, the carrier is prima facie liable for loss or damage to goods. The carrier can escape liability by proving one of the excepted perils (e.g., act of God, perils of the sea, inherent vice of the goods). Liability is limited per package or unit.
Ship runs aground and needs rescue
Salvage services rendered voluntarily to a ship in danger entitle the salvor to a reward. The reward is assessed by reference to the value of the property saved, the skill and effort of the salvors, and the degree of danger.