General Maritime Law

General Maritime Law

“General Maritime Law” in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of “General Maritime Law”, produced by Tetley, in the context of admiralty law: A term used particularly in the United States to refer to the non-statutory sources of American admiralty law. The general maritime law of the United States is derived from the historic lex maritima (see this maritime law term in this legal dictionary) common to all Western European nations, with its fundamentally civilian nature and origin. The general maritime law includes such concepts and institutions as the maritime attachment; the theory of abandonment (see this maritime law term in this legal dictionary) in shipowners’ limitation of liability; the legislative treatment of maritime liens (see this maritime law term in this legal dictionary) as substantive rights, rather than as procedural remedies dependent upon jurisdiction; remedies for wrongful death; the ocean carrier’s possessory lien (see this maritime law term in this legal dictionary) for bill of lading freight (see this maritime law term in this legal dictionary), charter hire (see this maritime law term in this legal dictionary) and demurrage (see this maritime law term in this legal dictionary); maintenance and cure (see this maritime law term in this legal dictionary) rights of the sick or injured seaman; the role of equity in admiralty law; general average (see this maritime law term in this legal dictionary); marine insurance and pre-judgment interest. See Tetley, “The General Maritime Law – The Lex Maritima” (1994) 20 Syracuse J. Int. L. & Comm. 105-145 at pp. 121-128; reprinted in [1996] ETL 469-506 at pp. 484-491; Tetley, M.L.C., 2 Ed., 1998 at p. 55. See also RMS Titanic v. Haver 171 F.3d 943 at p. 960, 1999 AMC 1330 at p. 1344 (4 Cir. 1999).

General Maritime Law in Admiralty Law

For information on general maritime law in this context, see the entry on general maritime law in the maritime law encyclopedia.


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