Admiralty Law
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Admiralty Law
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties. Admiralty law may be distinguished from the law of the sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters, and the maritime relationships between nations. The United Nations Convention on the Law of the Sea has been adopted by 167 countries and the European Union, and disputes are resolved at the ITLOS tribunal in Hamburg. History Seab ...
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Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and '' choice of law'', which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law. Scope and terminology The term ''conflict of laws'' is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term ''private international law'' is commonly used. Some scholars from countries that use ' ...
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Ordinamenta Et Consuetudo Maris
The ''Ordinamenta et consuetudo maris'' (“Ordinances and Custom of the Sea”) was a convention governing maritime trade promulgated at Trani in 1063: "the oldest surviving maritime law code of the Latin West".Paul Oldfield, ''City and Community in Norman Italy'' (Oxford: 2009), 247. The ''Ordinamenta'' is preserved in a Venetian version appended to a copy of the ''Statuta Firmanorum'', the statutes of the commune of Fermo, printed in a single volume at Venice “under the auspices and care, through the diligence, and at the expense of Marcus Marcellus, a citizen of Venice, and a native of Petriolo, a small village in the circle of Fermo, at the press of Nicholaus de Brentis and Alexander de Badanis, the Lord Leonardo Loredano being Doge, A.D. MDVII” (1507). Two copies of this work were preserved in the municipal archives of Fermo and another in the Bibliothèque nationale de France. Probably the Venetian version was a translation made from the original Latin after 1496, whe ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles ...
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Admiralty Court
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offences. Admiralty courts in the United Kingdom England and Wales Scotland The Scottish court's earliest records, held in West Register House in Edinburgh, indicate that sittings were a regular event by at least 1556. Judges were styled "Judge Admiral" and received appointment at the hands of the Scottish High Admiral to hear matters affecting the Royal Scots Navy as well as mercantile, privateering and prize money disputes. From 1702 the judge of the court was also authorised to appoint deputies to hear lesser matters or to deputise during his absence. The Scottish court's workload was small until the mid-eighteenth century, with judges hearing no more than four matters in each sitting. After the 1750s the volume of cases rose until by 1790 it was necessary to maintain a daily log of decisions. The growth in caseload was related to increasi ...
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England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, exc ...
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Richard I Of England
Richard I (8 September 1157 – 6 April 1199) was King of England from 1189 until his death in 1199. He also ruled as Duke of Normandy, Duke of Aquitaine, Aquitaine and Duchy of Gascony, Gascony, Lord of Cyprus, and Count of Poitiers, Counts and dukes of Anjou, Anjou, Count of Maine, Maine, and Count of Nantes, Nantes, and was overlord of Brittany at various times during the same period. He was the third of five sons of King Henry II of England and Eleanor of Aquitaine and seemed unlikely to become king, but all his brothers except the youngest, John, King of England, John, predeceased their father. Richard is known as Richard Cœur de Lion (Norman language, Norman French: ''Le quor de lion'') or Richard the Lionheart because of his reputation as a great military leader and warrior. The troubadour Bertran de Born also called him Richard Oc-e-Non (Occitan language, Occitan for ''Yes and No''), possibly from a reputation for wikt:terseness, terseness. By the age of 16, Rich ...
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Regent
A regent (from Latin : ruling, governing) is a person appointed to govern a state ''pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy, or the throne is vacant and the new monarch has not yet been determined. One variation is in the Monarchy of Liechtenstein, where a competent monarch may choose to assign regency to their of-age heir, handing over the majority of their responsibilities to prepare the heir for future succession. The rule of a regent or regents is called a regency. A regent or regency council may be formed ''ad hoc'' or in accordance with a constitutional rule. ''Regent'' is sometimes a formal title granted to a monarch's most trusted advisor or personal assistant. If the regent is holding their position due to their position in the line of succession, the compound term '' prince regent'' is often used; if the regent of a minor is their mother, she would ...
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Rolls Of Oléron
The Rolls of Oléron (French: ''Jugements de la mer, Rôles d'Oléron'') are the oldest and best-known sea law regulating medieval shipping in North-western Europe. The Rolls of Oleron were the first common sea law written in the Isle of Oléron, France, in the late 12th century, prior to 1180, later evolving to encompass Northern Europe. Any later sea laws written in Northern Europe are largely based on or inspired by the Rôles d'Oléron. Sometimes known as the "Lawes of Pleron," they also formed the basis of similar agreements among 17th and 18th century pirates, known as Articles. Origin The Rolls of Oleron originally regulated the wine trade from Brittany and Normandy to England, Scotland and Flanders but were widely disseminated in the later Middle Ages and became an important sea law. Different sources of origin There is some disagreement among historians as to how and when the Rolls of Oléron came into existence. One of the oldest beliefs is that Eleanor of Aquitaine had ...
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Oléron
The Isle of Oléron or Oléron Island (french: île d'Oléron, ; Saintongese: ''ilâte d'Olerun''; oc, illa d'Olairon or ; la, Uliarus insula, ) is an island off the Atlantic coast of France (due west of Rochefort), on the southern side of the Pertuis d'Antioche strait. It is the second largest island of Metropolitan France, after Corsica, with a length of 30 km and a width of 8 km. It has an area of 174 km and more than 21,000 permanent inhabitants. History In the 7th and 8th century, the island, along with Ré, formed the ''Vacetae Insulae'' or Vacetian Islands, according to the '' Cosmographia''. Vaceti being another name for the Vascones, the reference is evidence to Basque (Gascon) settlement or control of the islands by that date. It was at Oléron in about 1152 to 1160 that Eleanor of Aquitaine introduced the first 'maritime' or 'admiralty' laws in that part of the world: the Rolls of Oleron. In 1306, Edward I of England granted the island to his son, ...
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Louis VII Of France
Louis VII (1120 – 18 September 1180), called the Younger, or the Young (french: link=no, le Jeune), was King of the Franks from 1137 to 1180. He was the son and successor of King Louis VI (hence the epithet "the Young") and married Duchess Eleanor of Aquitaine, one of the wealthiest and most powerful women in western Europe. The marriage temporarily extended the Capetian lands to the Pyrenees. During his march, as part of the Second Crusade in 1147, Louis stayed at the court of King Géza II of Hungary on the way to Jerusalem. During his stay in the Holy Land disagreements with his wife led to a deterioration in their marriage. She persuaded him to stay in Antioch but Louis instead wanted to fulfil his vows of pilgrimage to Jerusalem. He was later involved in the failed siege of Damascus and eventually returned to France in 1149. Louis' reign saw the founding of the University of Paris. He and his counsellor Abbot Suger, pushed for greater centralisation of the state a ...
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Crusades
The Crusades were a series of religious wars initiated, supported, and sometimes directed by the Latin Church in the medieval period. The best known of these Crusades are those to the Holy Land in the period between 1095 and 1291 that were intended to recover Jerusalem and its surrounding area from Islamic rule. Beginning with the First Crusade, which resulted in the recovery of Jerusalem in 1099, dozens of Crusades were fought, providing a focal point of European history for centuries. In 1095, Pope Urban II proclaimed the First Crusade at the Council of Clermont. He encouraged military support for Byzantine emperor AlexiosI against the Seljuk Turks and called for an armed pilgrimage to Jerusalem. Across all social strata in western Europe, there was an enthusiastic response. The first Crusaders had a variety of motivations, including religious salvation, satisfying feudal obligations, opportunities for renown, and economic or political advantage. Later crusades were ...
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Eleanor Of Aquitaine
Eleanor ( – 1 April 1204; french: Aliénor d'Aquitaine, ) was Queen of France from 1137 to 1152 as the wife of King Louis VII, Queen of England from 1154 to 1189 as the wife of King Henry II, and Duchess of Aquitaine in her own right from 1137 until her death in 1204. As the heiress of the House of Poitiers, which controlled much of southwestern France, she was one of the wealthiest and most powerful women in western Europe during the High Middle Ages. She was a patron of poets such as Wace, Benoît de Sainte-Maure, and Bernart de Ventadorn. She was a key leading figure in the unsuccessful Second Crusade. Eleanor was the daughter of William X, Duke of Aquitaine, and Aénor de Châtellerault. She became duchess upon her father's death in April 1137, and three months later she married Louis, son of her guardian King Louis VI of France. A few weeks later, Eleanor's father-in-law died and her husband succeeded him as King Louis VII. Eleanor and Louis VII had two daughters ...
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