Maritime law enforcement and the laws of the seas are regulated by various countries and international agreements. International waters, also known as the high seas, encompass a significant portion of the Earth’s waters. While some may assume that they are free from any laws while on the high seas, the reality is different. A framework of global agreements, including the United Nations Convention on the Law of the Sea (UNCLOS), helps define the jurisdictional areas and applicable maritime laws in different types of navigable waters.
Understanding Navigable Waters
Navigable waters can be categorized into several jurisdictional areas, each with its own set of laws. Let’s explore each of these areas and the corresponding legal frameworks.
1. Internal Waters
Internal waters refer to ship ports, rivers, bays, lakes, and streams within a country’s boundaries. When navigating on these waters, regardless of vessel registration, the laws of the country in question apply. For instance, if a ship is docked in the Port of New York, all New York and U.S. laws govern the vessel, its crew, and its passengers.
2. Territorial Waters
Territorial waters extend up to twelve miles from a country’s coast. Within this zone, the maritime laws of the nation apply regardless of a ship’s registry. In the event of an accident, maritime workers can seek compensation for their injuries under the applicable laws of that country. For example, a maritime injury law firm in New Orleans can help a worker injured on board a ship navigate the legal process.
3. Contiguous Zone Surface Waters
These waters span from twelve to twenty-four miles off a country’s coast. While a nation has limited jurisdiction in these waters, its laws may extend to vessels, crews, and passengers. It’s important to note that these laws only apply to surface waters, excluding underground waters.
4. Continental Shelf Underground Waters
A country’s laws protect the land on the seabed that extends from its coast. The regulations governing territorial waters also apply to the continental shelf’s underground waters.
5. Continental Shelf Surface Waters
Surface waters of the continental shelf have limited restrictions, similar to the contiguous zone surface waters. The laws that apply in these cases can either be the territorial waters laws of the country or the laws of the country where the ship is registered.
6. Exclusive Economic Zone Waters
The United Nations Convention on the Law of the Sea (UNCLOS) grants specific rights to countries within their exclusive economic zones (EEZ). These waters, extending 200 miles from a country’s coastline, afford the nation control over research, exploration, and the acquisition of marine and natural resources. However, beyond the contiguous zone, the surface waters are considered international waters.
7. Extended Continental Shelf Surface Waters/Underground Waters
These waters cover a twelve-mile area starting from a nation’s coast baseline. They can include both territorial and contiguous zone waters, and the applicable laws depend on where an incident or accident occurs.
8. International Surface Waters
In international waters, no single nation holds sovereignty. Instead, the laws of the country where a ship is registered apply. For example, if a ship is registered in the United Kingdom, the laws of the UK govern the vessel.
9. International Underground/Seabed Waters
Regulation of international underground and seabed waters falls under the jurisdiction of the International Seabed Authority (ISA). The ISA primarily focuses on research, exploration, and the acquisition of natural resources. However, if an accident or incident occurs that is unrelated to ISA regulations, the laws of the country where the vessel is registered come into play.
Jurisdiction in International Waters
No single country has complete legal jurisdiction over international waters. The UNCLOS provides guidelines on how offenses are handled and which nation’s laws should apply. However, many countries have “Special Maritime and Territorial Jurisdiction” clauses that allow them to claim jurisdiction in certain situations.
For example, if a United States citizen commits a crime and attempts to flee the country on a ship registered to China, the U.S. can exert its “Special Maritime and Territorial Jurisdiction.” This allows U.S. authorities to board the vessel in international waters and apprehend the individual.
Unregistered Vessels and Universal International Laws
Even if a vessel is not flying a flag, it is still subject to legal regulations. Every vessel should be registered with a country somewhere in the world. If a vessel is operating legally, the laws of the country where it is registered typically apply.
Furthermore, vessels without a flag may still be subject to universal international laws that govern the high seas. Any country suspecting illegal activities or violations of internationally accepted laws may legally board such a vessel.
Personal Injury Accidents in International Waters
When a personal injury accident occurs in international waters, the laws of the vessel’s registered nation usually apply. For instance, if a crew worker sustains an injury from a snapped overhead cable, they are eligible for compensation under the laws of the country where the ship is registered.
If the vessel is registered in the United States, personal injury laws prescribed under the Jones Act may apply. However, other maritime laws and acts can also provide compensation for personal injuries not covered by the Jones Act.
In cases where U.S. maritime workers are onboard a foreign-registered vessel, they may still have certain rights under U.S. maritime laws and acts. Alternatively, they could be protected by the maritime laws of the country where the foreign ship is registered. However, some countries have limited maritime laws and worker protections, making it more challenging to seek compensation for personal injuries or limiting the amount of compensation available.
Why You Need a Maritime Accident Attorney in New Orleans
If you or a loved one suffer injuries onboard a vessel, regardless of the waters in which the ship was located, it is crucial to consult with a maritime accident attorney. Depending on the applicable maritime laws and acts, specific deadlines may exist for filing a claim.
When dealing with foreign employers and potential involvement of another country’s maritime laws, seeking assistance from an offshore accident lawyer is advisable. Many ships are owned by companies based in one country but registered in another. This can complicate personal injury claims in international waters. A maritime injury attorney can provide guidance and answer questions about the legal process, ensuring that you take the necessary steps to protect your rights.
For further information about maritime law enforcement, accidents, and injuries in international waters, as well as internal, territorial, or other waters, please feel free to contact Maintenance and Cure, part of Schechter, Shaffer & Harris, L.L.P., by calling 1-800-836-5830 today!
Conclusion
Understanding maritime law in international waters is crucial for anyone operating or traveling on vessels. The complex web of jurisdictional areas and applicable laws can significantly impact the outcome of personal injury cases. By seeking the guidance of a knowledgeable maritime accident attorney in New Orleans, individuals can navigate the legal process more effectively and protect their rights. Remember, the laws governing maritime incidents in international waters can vary, so it’s essential to consult with legal experts who specialize in this field.