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The Merchant Shipping Act 1995 (c. 21) is an act of Parliament passed in the United Kingdom in 1995. It consolidated much of the UK's maritime legislation, repealing several Acts in their entirety and provisions in many more, some dating back to the mid-nineteenth century.
Shipping was one of the earliest channels of commerce, and rules for resolving maritime trade disputes were developed early. An ancient example was the Rhodian law (Nomos Rhodion Nautikos), of which no extensive written specimen has survived, but which is alluded to in other legal texts (Roman and Byzantine legal codes), and later the customs of the Consulate of the Sea and the Hanseatic League.
An act fixing certain rules and regulations for preventing collisions on the water. 29 April 1864, ch. 69. [39] and signed into law by President Abraham Lincoln). International regulations would continue to be further developed over the next several decades as a result of legislative and government action by the UK, US and other maritime States.
The laws reflected the European economic theory of mercantilism which sought to keep all the benefits of trade inside their respective Empires, and to minimize the loss of gold and silver, or profits, to foreigners through purchases and trade. The system would develop with the colonies supplying raw materials for British industry, and in ...
Maritime law is inherently international, and although salvage laws vary from one country to another, generally there are established conditions to be met to allow a claim of salvage. [1] The vessel must be in peril, either immediate or forthcoming; the "salvor" must be acting voluntarily and under no pre-existing contract; and some life or ...
The maritime lien is one of three in rem claims capable of being brought under UK admiralty law. Whilst being a common law instrument, it has been codified under s.21(3) of the Senior Courts Act 1981 [2] along with s.21(2) [3] and s.21(4), [4] its statutory counterparts.
The Hague Rules of 1924 effectively codified, albeit in a diluted form, the English common law rules to protect the cargo owner against exploitation by the carrier. Nearly 50 years later, the Hague-Visby "update" made few changes, so that the newer Rules still applied only to "tackle to tackle" carriage (i.e. carriage by sea) and the container ...
The Bills of Lading Act 1855 (18 & 19 Vict. c. 111) was commendably brief and proved useful, but as time went by certain defects became apparent. [3]The English courts devised some ways round the problem: in Brandt v Liverpool (1924) [4] [5] the concept of implied contracts was developed, although the courts proved reluctant to use this concept. [6]