Admiralty as a phenomenon in maritime law is often inadequately perceived, and its indiscriminate use in certain quarters inhibits clarity of understanding in its proper perspective. This chapter attempts to clarify such misapprehension in academic and judicial circles by tracing its historical significance and evolution in terms of its English roots and heritage and emphasizes that Admiralty is as much a matter of jurisdiction as it is of law, the two concepts being inherently inseparable. The correlation between claims, for which a ship can be arrested pursuant to convention law and statute and causes that attract Admiralty jurisdiction, particularly in the United Kingdom, is examined. In conclusion, all concerned with shipping and maritime affairs in various capacities are admonished to re-think the verities and adopt positive measures to avoid misconceptions of important precepts and practices in the sphere of maritime law like the phenomenon of Admiralty law and jurisdiction, which characterizes the common law.

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The Phenomenon of Admiralty: Its Genesis, Historical Evolution, and Usage

  • Proshanto K. Mukherjee

摘要

Admiralty as a phenomenon in maritime law is often inadequately perceived, and its indiscriminate use in certain quarters inhibits clarity of understanding in its proper perspective. This chapter attempts to clarify such misapprehension in academic and judicial circles by tracing its historical significance and evolution in terms of its English roots and heritage and emphasizes that Admiralty is as much a matter of jurisdiction as it is of law, the two concepts being inherently inseparable. The correlation between claims, for which a ship can be arrested pursuant to convention law and statute and causes that attract Admiralty jurisdiction, particularly in the United Kingdom, is examined. In conclusion, all concerned with shipping and maritime affairs in various capacities are admonished to re-think the verities and adopt positive measures to avoid misconceptions of important precepts and practices in the sphere of maritime law like the phenomenon of Admiralty law and jurisdiction, which characterizes the common law.