How are navigation rights affected by maritime law?
Maritime law, also known as admiralty law, is a body of law that deals with the activities and travel on navigable waters and adjacent lands. In West Virginia, it is important to understand how maritime law affects the rights of navigation. Under maritime law, vessels may pass freely on navigable waters. This right of navigation is enshrined in the 1976 United States Supreme Court case of Florida v. Georgia. This decision ruled that and interpretation of maritime law, called the innocent passage rule, guarantees vessels the right to pass through the waters of another state as long as it does not interfere with the internal affairs, security, and peace of the other state, or endanger the safety of the area. In addition to the right of navigation, maritime law also protects vessels from collisions. Maritime law dictates that whenever two vessels are approaching each other, there is an expectation of a certain level of conduct to prevent a collision. The involved captains have a duty to take any steps necessary to avoid a collision, including changing speed or direction. Maritime law also gives captains of vessels the right to protect their vessels from third-party interference. This right is called the right of self-defense. Captains have the right to defend their vessel, even if the threat is not imminent. In summary, maritime law provides the right of navigation, mandates certain conduct to prevent collisions, and gives captains the right to defend their vessels. Understanding these rights is key to understanding how to safely navigate West Virginia’s navigable waters.
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