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Admiralty Jurisdiction of High Courts Ordinance 1980: A Critical Review
Abstract
Maritime and admiralty laws having international character and applications involving commerce and affairs necessarily require to be conforming to international laws. Pakistan’s Admiralty law is mainly contained in an Ordinance named “The Admiralty Jurisdiction of High Courts Ordinance 1980” herein after referred to as the ‘1980 Ordinance’. Maritime and admiralty laws in Pakistan have been deduced from or more concisely adopted from the United Kingdom legislation. Relevant laws in the United Kingdom have been amended to cater the contemporary needs of the business repeatedly. Notwithstanding the need to amend these laws in Pakistan, this article endeavor to highlight a slip in one of the article of the ‘1980 Ordinance’. Pakistani courts, in applying appropriate laws in Admiralty cases have full regard to the provisions of United Kingdom laws as guideline to interpret and construe Pakistani laws. This article while using doctrinal methodology draws conclusion that error mentioned needs attention from experts and legislature to make necessary correction in the statute
Authors
Dr. Qamar Abad
Head KPT Chair, Bahria University, Karachi Campus, Sindh, Pakistan
Dr. Ghulam Murtiza
Assistant Professor, College of Law, Government College University, Faisalabad, Punjab, Pakistan
Keywords
Action in Personam, Action in Rem, Colonial Courts, International Commerce, Maritime and Admiralty, Maritime Lien.Ship’s Arrest
