What is the difference between active and passive Admiralty Law?
Admiralty Law is a body of laws that govern maritime transactions, including ships, navigation, cargo, and injuries that occur at sea. In Tennessee, as with the other U.S. states, Admiralty Law is largely based on federal law and the decisions of the U.S. Supreme Court. Active Admiralty Law refers to laws that are aimed at providing for the safety, security, and order of marine activities and maritime resources. These laws prohibit activities such as oil and gas operations in protected waters and the use of certain fishing gear in certain places. Passive Admiralty Law, on the other hand, governs the rights and obligations of those who are involved in, or affected by, maritime activities. This includes determining who is liable for any damages caused by a vessel, setting limits on the recovery of damages, and addressing disputes between maritime parties. Passive Admiralty Law is also concerned with contracts and insurance, and it provides remedies for a wide range of maritime disputes. To sum up, active Admiralty Law focuses on regulating maritime activities to promote safety and security, while passive Admiralty Law focuses on the rights and obligations of those affected by these activities.
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