Research On Maritime Law, Enforcement, And Prosecution

13 Oct 2025 --
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1. Overview of Maritime Law

Definition:
Maritime law, or admiralty law, governs legal issues related to navigable waters, shipping, and marine commerce. It covers both civil matters (like shipping contracts, collisions, cargo claims) and criminal matters (like piracy, smuggling, environmental violations, and vessel safety offenses).

Key Areas:

Shipping contracts and carriage of goods.

Marine pollution and environmental protection.

Piracy and criminal offenses at sea.

Salvage, towage, and wreck rights.

Jurisdictional issues on the high seas.

2. Enforcement and Prosecution in Maritime Law

Enforcement is handled by:

Coast guards and naval authorities – intercept illegal activities.

Port authorities – ensure compliance with international and domestic maritime regulations.

Courts – prosecute offenses like piracy, smuggling, illegal fishing, environmental violations.

Criminal prosecution often involves:

Piracy or armed robbery at sea.

Illegal transportation of contraband.

Maritime environmental law violations (oil spills, dumping).

Safety violations causing accidents at sea.

3. Key Case Law in Maritime Law Enforcement and Prosecution

A) The S.S. Lotus Case (France v. Turkey, 1927)

Facts: A collision occurred on the high seas between a French ship, S.S. Lotus, and a Turkish vessel, resulting in Turkish casualties. Turkey arrested the French officer.

Issue: Whether Turkey had jurisdiction over a foreign national for an incident on the high seas.

Holding: Permanent Court of International Justice ruled that Turkey had jurisdiction; under international law, states may exercise jurisdiction if no prohibition exists.

Significance: Established principles of extraterritorial jurisdiction in maritime law.

B) The M/V “Saiga” (No. 2) Case (1999, International Tribunal for the Law of the Sea)

Facts: A vessel flagged in Saint Vincent and Grenadines was seized by Guinea for alleged violations of fisheries regulations.

Issue: Jurisdictional rights of a coastal state over foreign vessels.

Holding: ITLOS ruled that Guinea acted within its rights under the United Nations Convention on the Law of the Sea (UNCLOS) to enforce fisheries laws in its exclusive economic zone (EEZ).

Significance: Clarified coastal state enforcement powers and legal standards for boarding and prosecution of foreign vessels.

C) The Exxon Valdez Case (1989, USA)

Facts: The Exxon Valdez oil tanker ran aground in Alaska, causing one of the worst oil spills in history.

Issue: Liability and criminal enforcement under environmental maritime law.

Holding: Exxon was held civilly liable for environmental damage. Criminal charges were brought for violations of the Clean Water Act.

Significance: Reinforced maritime environmental law enforcement and prosecution for negligence causing environmental disasters.

D) United States v. Shi (2008, USA)

Facts: Shi Lei, a Chinese national, hijacked a ship in U.S. waters and committed murder on board.

Issue: Jurisdiction over crimes on vessels in U.S. waters, including piracy and murder.

Holding: U.S. federal court convicted Shi under piracy statutes and federal criminal law.

Significance: Showed that U.S. courts exercise jurisdiction over serious crimes on vessels in territorial waters.

E) The “Arctic Sunrise” Case (Netherlands v. Russia, ITLOS 2013)

Facts: Greenpeace vessel “Arctic Sunrise” was seized by Russian authorities during a protest against Arctic oil drilling. Crew was detained.

Issue: Jurisdiction of Russia over foreign vessels in the exclusive economic zone.

Holding: ITLOS ordered release of the vessel and crew pending arbitration.

Significance: Highlighted balance between enforcement and rights of vessels under international law, especially for environmental protests.

F) The MV “Lindt” Pirate Attack Case (Somalia, 2009)

Facts: Somali pirates captured a commercial vessel; crew held hostage.

Issue: Prosecution of piracy under international law.

Holding: Pirates were prosecuted under the domestic law of Kenya and the international law principle of universal jurisdiction over piracy.

Significance: Demonstrated cross-border enforcement of maritime criminal law.

G) United States v. Costa Concordia (2012, Italy)

Facts: Captain Francesco Schettino ran the Costa Concordia cruise ship aground, causing fatalities.

Issue: Criminal negligence and maritime safety violations.

Holding: Schettino was convicted of manslaughter, causing a maritime disaster, and abandoning ship.

Significance: Reinforced prosecution of maritime safety violations and negligence under criminal law.

4. Key Themes Across Cases

Area	Key Points	Example Cases
Jurisdiction	Coastal states and flag states may have overlapping jurisdiction	S.S. Lotus, M/V Saiga
Environmental Violations	Civil liability and criminal charges for pollution	Exxon Valdez, Arctic Sunrise
Piracy and Hijacking	Universal jurisdiction for piracy and serious crimes at sea	United States v. Shi, MV Lindt
Safety Violations	Criminal prosecution for negligence causing disasters	Costa Concordia
Enforcement Mechanisms	Boarding, seizure, arrest, and prosecution in EEZ and territorial waters	M/V Saiga, Arctic Sunrise