Main Article Content
Abstract
. Admiralty law is a domestic law having character of International Aspects
Maritime law is branch of law that deals with transportation of goods and people from one place to another. The history of maritime transaction can be traced back to time immemorial and similarly the customs of maritime transaction. However, in the modern times positive law has replaced old customs especially with the advent of the idea of nation-state theory. The aspect of state sovereignty and territoriality has done away with the practices of free-market society (without boundaries). With state comes state-based law that allow or disallow any foreign legal regime to be made applicable or not. Similarly the primary nature of maritime law is international in character however, there are certain nuances of domestic law that makes possible either the application of those laws or formulates its own laws to provide remedy to parties involved in the maritime transaction. Such application of rules pertaining to jurisdiction of court to try matters of maritime transaction including its practice and procedure are collectively termed as admiralty laws. Therefore it can be said though maritime law posses international character prima facie however, in order to provide space to remedy arising out of a maritime claim, domestic recognition becomes inevitable and it is this admiralty law that opens up the gates for maritime claims to be remedied before any national court of a country.