Maritime law comes from several different sources, and the maritime system actually has its own separate court. Most of the modern sources of federal maritime law are the United States Congress and a group of federal court decisions that are based on common law.
History of Maritime Law
The power of Congress to pass maritime laws comes from the Commerce Clause of the Constitution and Article III § 2 of the U.S. Constitution, which gives federal courts exclusive jurisdiction in maritime law. Maritime laws can be found in the U.S. Code and in case decisions announced by United States Courts.
Once upon a time, maritime law in America was used only for what happened in the business of transporting cargo or passengers over navigable seas. Now, maritime law can cover almost anything that happens on navigable waters. Maritime law is also now so complicated that there are lawyers and judges that specialize solely in this area of law.
Special Rules of Maritime Law
Maritime law applies not only to ships, vessels, and watercraft, but also to any open body of water that is navigable. This includes the Great Lakes and all major rivers in the country. Maritime law also applies to any events that happen on navigable waters. For example, a jet ski accident on the Black River in South Carolina would be covered by maritime law’s rules regarding physical damages and personal injuries.
Maritime law is still mostly a matter of federal law and federal courts. Still, there are times when state courts may hear a case in which there are admiralty issues, however that state court must apply federal maritime law to those issues. Maritime courts can also hear some legal “land law” issues that may be involved in the maritime case, e.g. - applying the Americans with Disabilities Act (ADA) to issues in maritime law. The US Supreme Court has the right to be the final voice in any case of maritime law.
Enforcing Maritime Law
Several federal agencies are important in enforcing aspects of maritime law, including the U.S. Coast Guard and its Maritime Law Enforcement Academy. Three other federal agencies are also involved in maritime laws: the Department of Transportation, the Federal Maritime Commission, and the U.S. Maritime Administration.