Who Enforces Maritime Law?

Maritime Law is one of the trickiest legal areas internationally. Whether you are participating in a recreational boat digression on the Delaware River in the United States, aboard a cruise visiting several countries, or shipping products from China to California, the location of an accident or a crime could determine who is enforcing the law. In the United States, the Coast Guard is the main source of maritime law enforcement – but internationally, maritime law enforcement varies per situation.

The United States Coast Guard

Maritime Law enforcement has fallen in the hands of the US Coast Guard since 1790. They are creditworthy for all United States waters and waters that capitulation under the legal power of the United States a well as controlling US borders. The Coast Guard is besides able to assist in the enforcement of International agreements. In order to protect the United States waters and the civilians in the US deoxyadenosine monophosphate well as our allies, the USCG reserves the correct to :

• Board any vessel subject to US Jurisdiction
• Inspect the vessel
• Search the vessel
• Inquire information about the vessel, the workers, the destination, and the home port of the vessel
• Arrest any person(s) aboard the vessel

During times when the United States Coast Guard exercises these rights, the main refer is to stop external drug traffic, illegal immigration, fisheries laws, and to protect United States civilians from any terroristic threats. The United States Coast Guard besides conducts rescue missions when a recreational boat, shipping, or other accident occurs in United States waters. The Coast Guard besides assists in the investigation of shipping accidents, petroleum spills, and other facets of nautical activity.

Who Enforces Maritime Law Outside of US Waters

International maritime law enforcement is a little bit more complicate than the enforcement of laws on domestic waters and aboard domestic vessels. According to the United States Coast Guard ’ randomness explanation of Maritime Force, International Law can apply when an incidental falls under three basic international principles.

• A flag state is the primary enforcer of regulations, safety, and operations of vessels “flying its flag.”
• Every nation is allowed to navigate on the high seas as it pertains to the Freedom of the High Seas
• A vessel sailing in water’s outside of its flag state’s jurisdiction is subject to the laws of both the coastal state and the flag state

A pin state is the express or country that a vessel originates from and controls waters around the state of area. The ease up submit is creditworthy for inspecting and filing certificates that state the vessel was checked for all SOLAS regulations and is approved to set sail. If a ship fails inspection or is sailing without being properly inspected and approved, the flag express is responsible for setting the punishments and may besides be held accountable if they failed to inspect, certify, and issue guard and befoulment prevention software documentation to the captain. Under the Freedom of the High Seas, every nation has the correct to navigate on the high seas without discrimination. To enforce this correct, a nation is not allowed to assert “ legal power over foreign vessels on the high seas. ” however, if a vessel is sailing outside of its sag country ’ s waters, the vessel is then submit to both coastal department of state and flag state jurisdictions – with the masthead state taking basal jurisdiction dependent on the circumstances.

Navigating maritime police can frequently be confusing – and if you have fallen victim to a nautical crime, you should immediately contact an expert. The river Lawyers of Moschetta Law in Pittsburgh, PA are experienced on many levels of nautical law. Our focus practice areas include the Defense Base Act, The Jones Act, and the Longshore and Harbor Workers ’ Compensation Act. Contact us today for help oneself navigating the waters of Maritime Law.