Choice of Law in Maritime Torts

Abstract:     
What system of law will be applied to an action brought before an English court in respect of a tort committed in foreign territorial waters, or a claim for personal injury resultant from a collision on the high seas? A tortious act occurring on any given vessel has multiple contacts for the identification of a governing law. The state to which the ship belongs normally has an interest in the ship and the goods onboard her. Consequently, the law of the ship's flag is one option for determining questions of liability, but which ship's flag will govern matters in a collision? This article critically examines the choice of law rules applicable to maritime torts, both in a historical context and the legal regime currently applied by English courts, as well as considering the potential impact of the proposal for an EU Regulation on the law applicable to non-contractual obligations ("Rome II").

Keywords: Maritime, Choice, Flag, Registration, Ship, Vessel, Tort, Seas, Territorial Waters

Accepted Paper Series