Aspects on the evolution of maritime law in Malta from the Consolato di Mare di Malta (1697) to the commercial code (1857)

Abstract

The study of maritime commerce dates back to thousands of years with the first evidence of this activity taking place between civilisations going back to at least two millennia. Since then, maritime trade activities have been constantly occurring and evolving. The economy of Malta, as a Mediterranean island, essentially depended on these business transactions at sea, but how was this business regulated? This thesis delves into a study of some legislative and juridical aspects of Maltese maritime law, with an aim of understanding past notions in relation to today’s concepts of law and to facilitate its comprehension. Through the interpretation and analysis of several provisions of the codes of law, promulgated by the different Grandmasters of the Order of Knights of the Hospital of Saint John of Jerusalem (Order of Hospitallers), one can gain a better understanding of the legislative requirements of maritime commerce within the Maltese islands. Topics that shall be discussed in this thesis include procedural laws, the role of captains and ship-masters, freight, chartering of vessels, as well as insurance. The juridical aspect of maritime law is examined through a description of the workings of the Consolato del Mare di Malta tribunal from 1697, which was replaced by the Commercial Court during the British period in 1814. As a period of legislative reform, several Commissions were drawn up and Ordinances enacted, portraying the constant progress in maritime law.