May 9, 2025
Maritime Law Malaysia Maritime Law Malaysia
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  • Marine Insurance Law
    • The Contract of Marine Insurance
    • The Doctrine of Utmost Good Faith & Insurance Contracts
    • The Terms of The Contract; Risks; & Causation
    • Indemnity, Subrogation & Contribution
  • Law of The Carriage of Goods by Sea
    • Contracts of Affreightment & Voyage Charter Parties
    • Time Charter Parties
    • The Bill of Lading Contract & Functions
    • International Conventions Regulating the Rights & Obligations of The Parties To The Bill of Lading Contract
  • Admiralty Law
    • Admiralty Jurisdiction & Procedure
    • Acquiring Ownership In Ships & The Ship As Property
    • Safety Regulations In Navigation, Liabilities & Limitation of Liability
    • Assistance At Sea & In Ports
  • International Laws of The Sea
    • Evolution of The Law of The Sea
    • Baselines, The Territorial Sea & The Contiguous Zone
    • The Continental Shelf & The Exclusive Economic Zone
    • The High Seas, The Sea-Bed & Dispute Resolution
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Introduction

The world as we know it from the early formative years, i.e. the introduction of mankind to its ecosystem, to the modern setting has changed tremendously. The biggest and most recognizable change is the growth of the population of earth, which stands at more than 7 billion people, today. One of the most positively impacted aspect of human maturity as a civilization is that of the trade of goods, commodities and movement of services.

The growth of human population and the global demand for necessities dictates trade and the trade routes taken globally together with the mode of movement of goods and commodities together with movement of people in providing services. The most commonly utilized mode for this purpose is provided through air, land and sea transportation.

In this website, we will be focusing on sea transportation together with the types of rules and laws which predominantly dictate the trade practices using sea transportation for such movements as seen above.

The maritime and shipping leg of trade distribution and human movement has become increasingly important since the turn of the early 1900. Maritime and shipping businesses around the globe has scaled up over many folds in the 21st century.

The importance of sea transportation and movement of goods, commodities and people has also brought about various important conventions, laws and rules to regulate and strike a balance amongst the various stakeholders who have a vested interest in the global welfare of the sea and the habitats it holds for the fisheries and creatures of the vast seas and oceans of the world, on the one hand, as well as the profitable business of sea transportation of goods and commodities together with movement of people, on the other, and the need to cope with the demands of market forces for the survival of humans.

These laws are necessary to keep the equilibrium between the three competing interests mentioned above for a sustainable environment to enable the humans to thrive.

We have herein re-stated the laws covering four key areas governing maritime and shipping practices, namely, Maritime Insurance Law, The Law of the Carriage of Goods by Sea, Admiralty Law and, last but not least, The International Law of the Sea.

As part of our commitment to provide more write ups, we will be adding more areas of law relating to maritime and shipping practices for the benefit of our readers.

Contracts of affreightment and voyage charter parties, Law of The carriage of Goods by Sea

Owner’s implied obligations I

Owner’s implied obligations I – general principles> Liability Of Sea Carriers At Common Law Liability of common carriers In the...

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Contracts of affreightment and voyage charter parties, Law of The carriage of Goods by Sea

Owner’s Implied Obligations II

Owner’s Implied Obligations II – The Duty To Provide A Seaworthy Ship Meaning of seaworthiness A ship is not seaworthy...

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Admiralty jurisdiction and procedure, Admiralty Law

The Nature of Admiralty Jurisdiction

The Nature Of Admiralty Jurisdiction Statutory rights in rem and maritime liens The Senior Court Act 1981 (hereinafter known as SCA 1981) provides...

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Admiralty jurisdiction and procedure, Admiralty Law

Enforceability of Claims under The Admiralty Jurisdiction of The High Court

Enforceability of claims under the Admiralty jurisdiction of the High Court Nature of in rem proceedings The advantages of the...

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Evolution of the law of the sea, International Laws of The Sea

Pre-UN Development of the Law of the Sea

Pre-UN development of the law of the sea Introduction We know that as early as the fourth millennium BC there...

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Evolution of the law of the sea, International Laws of The Sea

First UN Conference on the Law of the Sea (UNCLOS I)

First UN Conference on the Law of the Sea (UNCLOS I) Aftermath of the Second World War The conduct of...

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Featured Stories

International Laws of The Sea, The high seas, the sea-bed and dispute resolution

Legal Status of the Deep Seabed and Its Resources

Legal status of the deep seabed and its resources 1. Evolution of the legal regime concerning the deep seabed and...

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International Laws of The Sea, The high seas, the sea-bed and dispute resolution

Principle of the Freedoms of the High Seas

Principle of the freedoms of the high seas 1. Evolution of the principle of the freedoms of the seas The...

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International Laws of The Sea, The continental shelf and the Exclusive Economic Zone

Rights and Duties of Coastal and Other States in the EEZ

Rights and duties of coastal and other states in the EEZ 1. Rights and duties of coastal states The 1982...

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Admiralty Law, Assistance at sea and in ports

Towage Contracts

Towage contracts 1. The contract and basic terms Various standard forms of towage contracts are available. However, the arrangements under...

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Admiralty Law, Assistance at sea and in ports

The Concept of Salvage

The concept of salvage 1. 1989 Salvage Convention The 1989 Salvage Convention has the force of law under s.224 of...

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Admiralty Law, Safety regulations in navigation, liabilities and limitation of liability

Limitation of Liability

Limitation Of Liability 1. Scope Of The 1976 London Convention On Limitation Of Liability For Maritime Claims The 1976 LLMC...

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Marine Insurance Law, The doctrine of utmost good faith and insurance contracts

Remedies

Remedies 1. Avoidance i) Meaning Of Avoidance Avoidance is a remedy available to the innocent party. However, it is a...

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Marine Insurance Law, The doctrine of utmost good faith and insurance contracts

The Insurer’s Duty

The Insurer’s Duty 1. Introduction Section 17 MIA is quite clear in saying that the duty of good faith rests...

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Latest Articles

  • Rights of Third Parties
  • The Insurer’s Right to Contribution
  • Insurer’s Right of Subrogation Upon Payment
  • The measure of indemnity: constructive total loss (CTL)
  • Dispute Settlement Mechanism in the Law of the Sea
  • International Seabed Authority
  • The Measure of Indemnity: Actual Total Loss (ATL)
  • The Measure of Indemnity: Partial Loss
  • The Sue and Labour Clause (Mitigation Of Loss)
  • Causation
  • Liability for Marine Pollution
  • Duties and Liabilities of Ports and Pilots
  • Excepted Risks
  • War, Political and Strike Risks
  • Marine Risks
  • Implied Warranties
  • Time Limit for Claims and Financial Limitations On Carriers’ Liability Under The Rules
  • Hague-Visby Rules III
  • Hague-Visby Rules II
  • Conditions Precedent and Other Terms of The Insurance Contract

Admiralty Arbitration Baseline Carriage of goods Carriage of goods by sea Claim in Personam Claim in Rem Colregs Commodities Contiguous Zone Continental shelf Dispute Settlement in the Law of the Sea EEZ Exclusive Economic Zone Freedom of the High Seas Goods and commodities High Seas Insurance Act 2015 International Arbitration International law of the sea International Seabed Authority Law of the Sea Marine Insurance Marine Insurance Act 1906 Marine Insurance Policies Marine Pollution Liability Maritime Maritime Arbitration Movement of goods and people Movement of people Pilotage Port Control Salvage Seabed Ship Arrest Ship Building Contract Ship Mortgage shipping shippingInsurance Act 2015 Ship Registration Ship Registry Ship Sale and Purchase Territorial Sea Towage UNCLOS I

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