The Merchant Shipping Act past and future development

Abstract

The enactment in 1973 of the Merchant Shipping Act is undoubtedly an important milestone in the development of Maltese maritime law. Enacted only nine years after Malta had attained political independence in 1964, the new law severed all legal ties with the merchant shipping law of the United Kingdom, the very same legislation on which it was modelled. This thesis first takes a historical stance tracing the development of maritime law, then goes through the Act itself and the amendments introduced thereto and finally attempts to identify what further development may be required to serve both current as well as foreseeable needs The first two chapters look to the past. Chapter 1 traces the origins of the general maritime law charting its evolution through the centuries, from the Rhodian law nearly three thousand years ago to English law on the lien. Chapter 2 looks at the historic origins of current Maltese maritime legislation highlighting the relationship between maritime law and the first Commercial Code in the seventeenth century down to the English merchant shipping legislation of the first half of the twentieth century. Chapters 3 and 4 focus on the provisions of the Merchant Shipping Act. Chapter 3 summarises the ten parts which constitute the law as enacted in 1973 while Chapter 4 follows the amendments introduced in the 1986, 1988, 1990 and 2000. Shipping is a dynamic industry. The law that serves the industry cannot be static. Chapter 5 looks ahead, not speculatively, but at possible future legislative development that may be required within the context of current scenarios and in the light of what could be the needs of the foreseeable future.