Are you in need of a maritime attorney in New Orleans? Look no further. This article will uncover the expertise and knowledge of a prominent lawyer in New Orleans who specializes in maritime law. Whether you’re facing a personal injury accident in international waters or seeking compensation for injuries onboard a vessel, this maritime legal guru is here to help. With a deep understanding of the complex laws and regulations governing the seas, they can guide you through the legal process and ensure you receive the compensation you deserve. Let’s dive into the world of maritime law and discover what makes this lawyer in New Orleans a true expert.
Understanding Maritime Law and Jurisdiction
Maritime law encompasses a broad range of legal issues that arise on the seas. From accidents and injuries to contractual disputes and environmental concerns, maritime law governs the rights and responsibilities of individuals and entities operating in the maritime industry. When it comes to jurisdiction, the laws can vary depending on the location of the incident. Let’s explore the different jurisdictional areas in navigable waters.
1. Internal Waters
Internal waters refer to ship ports, rivers, bays, lakes, and streams within the boundaries of a country. Any vessel navigating these waters is subject to the laws of the country in which the waters are located. For example, if a ship is docked in the Port of New Orleans, all the laws of the United States and the state of Louisiana apply to the vessel, its crew, and its passengers.
2. Territorial Waters
Territorial waters extend up to twelve miles from a country’s coast. In these waters, the maritime laws of that nation apply, regardless of the ship’s registry. If a maritime worker experiences an accident onboard, they have the right to seek compensation for their injuries under the applicable laws of the country.
3. Contiguous Zone Surface Waters
The contiguous zone surface waters extend from twelve to twenty-four miles off a country’s coast. In this zone, a country has limited jurisdiction, and its laws can be extended to vessels, their crew, and passengers. However, these laws only apply to the surface waters and not the underground waters.
4. Continental Shelf Underground Waters
Continental shelf underground waters are protected under a nation’s laws. These waters apply to the land on the bottom of the seas that extend from a country’s coast. The laws governing territorial waters also apply to continental shelf underground waters.
5. Continental Shelf Surface Waters
Similar to contiguous zone surface waters, continental shelf surface waters have limited restrictions. Depending on the circumstances, the laws of the territorial waters or the laws of the country where the ship is registered may apply.
6. Exclusive Economic Zone Waters
The exclusive economic zone waters are governed by specific protections outlined in the United Nations Convention on the Law of the Sea (UNCLOS). A country has specific rights over the research, exploration, and acquisition of marine and natural resources within this zone, which extends 200 miles from the coastline. However, the surface waters beyond the contiguous zone are considered international waters.
7. Extended Continental Shelf Surface Waters/Underground Waters
These waters cover a twelve-mile area starting at the baseline of a nation’s coast. They can include both territorial and contiguous zone waters. The applicable laws depend on the location of the accident or incident.
8. International Surface Waters
International waters, also known as the high seas, are not subject to the sovereignty of any nation. The laws of the country where the ship is registered apply in these waters. For example, if a ship is registered in the United Kingdom, the laws of the UK would apply.
9. International Underground/Seabed Waters
The International Seabed Authority (ISA) regulates the laws in international underground and seabed waters. Their jurisdiction is limited to research, exploration, and the acquisition of natural resources. In cases unrelated to ISA regulations, the laws of the country where the vessel is registered would apply.
Legal Jurisdiction in International Waters
No single country has legal jurisdiction over international waters. The UNCLOS provides guidelines for handling offenses in terms of which nation’s laws would apply. However, certain nations have “Special Maritime and Territorial Jurisdiction” clauses that allow them to claim jurisdiction in specific situations. This means that a country can exert its laws over international waters under certain circumstances.
For example, if a United States citizen committed a crime and attempted to flee the country on a ship registered to China, the US could exert its “Special Maritime and Territorial Jurisdiction” to board the vessel in international waters and apprehend the individual.
The Importance of Hiring a Maritime Accident Attorney
If you or a loved one experience an injury onboard a vessel, regardless of the waters in which the incident occurred, it is crucial to consult with a maritime accident attorney. There may be specific deadlines and legal requirements that must be met to file a claim. Additionally, dealing with foreign employers and foreign maritime laws can be complex. An experienced maritime accident attorney can navigate these complexities and guide you through the legal process.
In cases where a vessel is owned by a company in one country but registered in another, determining which laws apply can be challenging. A maritime injury attorney can help determine the appropriate jurisdiction and ensure your rights are protected. Whether you are covered under US maritime laws or the laws of the country where the vessel is registered, they will fight for your rights and seek the compensation you deserve.
Conclusion
Maritime law is a complex and multifaceted field that requires expert knowledge and understanding. In New Orleans, there is a maritime legal guru who possesses the expertise and skills necessary to navigate the intricate waters of maritime law. Whether you are facing a personal injury accident in international waters or need assistance with a maritime legal matter, this lawyer in New Orleans is dedicated to providing you with the best legal representation. Don’t navigate the seas of legal challenges alone—seek the guidance of a trusted maritime accident attorney and ensure your rights are protected.