Melissa Cleaver, age 16, of Laconia, N.H., for her question:
WHEN WAS MARITIME LAW ESTABLISHED?
Maritime law is the branch of law relating to commerce and navigation on the high seas and on other navigable waters. Specifically, the term refers to the body of customs, legislation and court decisions pertaining to ownership and operation of vessels, transportation of passengers and cargo on these vessels and rights and obligations of their crew while in transit.
We don't know when the first maritime law was established. But we do know that the origins go back to antiquity.
Because no country has ever had jurisdiction over the seas, it has always been necessary for nations to reach agreements regarding ways of dealing with ships, crews and cargoes when disputes arise.
The earliest agreements were probably based on a body of ancient customs that had developed as practical solutions to common problems. Many of these customs became part of Roman civil law. After the fall of the Roman Empire, maritime commerce was disrupted for about 500 years. No known developments in maritime law were made during this time.
Maritime activity was resumed in the Middle Ages when traders made sea journeys to foreign lands. It was natural that disputes should arise and that laws should be formulated to deal with them.
Gradually the laws of the sea were compiled. Among the best known collections of early maritime law are the "Laws of Oleron" and the "Black Book of the Admiralty," an English compilation prepared during the 14th and 15th centuries.
Special courts to administer sea laws were set up in England and in other countries about 500 years ago. Today in Great Britain maritime law is administered by courts of the admiralty.
According to provision in the United States Constitution, U.S. maritime law is administered by federal courts that have jurisdiction over ail maritime contracts, injuries, offenses and torts. Maritime causes are deemed to be those directly affecting commerce on navigable waters that form a continuous highway to foreign countries.
In any dispute the fact that commerce is practiced only on waters within a single state does not necessarily affect the jurisdiction of the federal courts.
Many aspects of maritime law are now governed by federal statutes and thus are no longer dependent upon the constitutional power of Congress to regulate commerce.
Some aspects of maritime law affect relationships among nations. Examples are questions of neutrality and belligerence that occur in time of war. These are dealt with in international maritime law.
International agreements have been made to handle the problems of safety at sea, salvage, rules for preventing collisions and coordination of shipping regulations.
Conferences on the law of the sea have also taken up the questions of natural resources and fishing rights in coastal waters, continuing problems in maritime law.