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Is It True There Are No Maritime Law Enforcement Laws in International Waters?

Posted in Maritime Piracy
offshore oil drilling rig

Many people firmly believe that once they are in international waters, there are no maritime law enforcement and maritime piracy laws they have to worry about. It is a common misconception that anything is allowed, even if it is considered illegal, without any consequences.

water level view of cruise ship facing the bow

However, that is not the case. There are several laws used to govern international waters that were prescribed by the United Nations Convention on the Law of the Sea (UNCLOS). Legal jurisdiction on the high seas is divided into several different areas:

  • Territorial Waters: These waters are considered an extension of a nation’s laws to a set distance out to sea, which can be as much as 12 miles. This means all laws of that country apply as long as the vessel is within that distance.
  • Contiguous Zone Waters: This is an extension of limited jurisdiction up to 24 miles out to sea from the coast. This means a nation’s laws can be extended to vessels traveling in these waters. For example, the U.S. Coast Guard can board any ship, regardless of where it is registered, on suspicion of illegal drugs or weapons smuggling.
  • International Waters: Once a vessel is in waters that are more than 24 miles off the coast of a country, they are considered to be on the high seas and in international waters. The laws used to govern in these waters are based on the country where the ship is registered and the flag it is flying. For instance, you are on board a cruise ship registered in the Bahamas, everyone on board is subject to abide by Bahamian laws.

When it comes to lawsuits from injuries sustained while on board a vessel, either from an accident or piracy, things are slightly different. While it might seem like the laws of a particular country would apply, it depends on other mitigating factors and circumstances surrounding the incident.

In certain cases, you could be permitted to file a lawsuit in U.S. state or federal courts. In other cases, you may have to file your case in the country where the ship is registered. Since accident and injury lawsuits are rather complex, it is in your best interests to consult with the experienced maritime accident lawyers at Maintenance and Cure, part of Schechter, Shaffer & Harris, L.L.P. Call our law firm 24/7 at 1-800-836-5830 for a consultation today!

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