Maritime Law: A Historical Overview
Section 4: Sources of Maritime Law
Sources of Law
Maritime law constitutes a specialized field due to its unique regulatory material and autonomy outside local or territorial law. Its customary and popular roots originate from ancient merchant customs. The so-called Lex Rhodia, from the Greek island of Rhodes, became common sea law and formed the basis of private rule collections widely used in medieval times, such as the Nomos Rhodio. Roman civil law also established principles, most importantly that the sea is free and open for common use, with a duty to protect assets at sea and respect ship and goods ownership, even in cases of shipwreck.
The Mediterranean Tradition
Following the Muslim conquest, which disrupted trade between Mediterranean and Atlantic ports, two maritime traditions emerged. The Mediterranean tradition, based on ancient sea customs and rules, led to various maritime law collections in the Catalan area. In 1258, James I enacted ordinances in Barcelona, establishing jurisdiction for seamen under judges called Cónsules. In 1283, Peter III created a royal consulate in Valencia.
The Consulate of the Sea, established in many Mediterranean ports and inland cities from the 13th century, served as a governing body for maritime trade. It acted as both a professional corporation for seafarers and a special court to resolve maritime trade disputes. The consulate was governed by two consuls and a board of 20 merchants, with the consuls and an appellate judge presiding over the court. A legal advisor, clerk, and secretary also participated. The procedure was simple and efficient, catering to the needs of trade.
Fundamental Legal Texts of the Mediterranean Tradition
- Customs of the Sea (Costums de la Mar): This early draft of Barcelona maritime law, dating back to the second half of the 13th century, served as a source for the customs of Tortosa and became part of the Consulate of the Sea.
- Consulate of the Sea Book (Llibre del Consolat de Mar): This internationally significant text, dating from the 14th century, became the basis for common European maritime law. Comprising 334 chapters, it includes the customs of the sea and the court rules of the Valencia consuls. Translated into various languages, it is considered by legal scholars not to be a true code due to its inclusion of moral advice, extensive chapters with repetitions, and lack of official enactment.
The Atlantic Tradition
With the fall of the Western Roman Empire, the Atlantic coastal regions developed unique characteristics, marked by piracy and, from the 10th century, Muslim presence. A new sea culture emerged, based on violence and plunder, with a principle of claiming any shipwreck remains, contrary to established law. This disrupted trade for centuries until the commercial and urban renaissance in 11th-century Europe allowed for renewed Atlantic trade. Customary law developed, reflected in the Roles of Oleron, a collection of 24 maritime law chapters. Originating from court rulings on the island of Oleron, it spread throughout Europe, particularly along the coasts of France, Holland, Spain, and England. The Castilian version, Layrón, was applied in the Spanish Navy during the Middle Ages and modern times, but not in the Indies.