The Maritime Law Association of the United States (MLA) was founded in 1899. Its formation was prompted by the organization, some three years earlier, of the International Maritime Committee, better known by its name in French, Comité Maritime International (CMI).

After more than ninety years, the MLA was incorporated in 1993. Its purposes are best expressed in Article 4 of its then adopted Articles of Incorporation, as follows:

The objectives of the Association shall be to advance reforms in the Maritime Law of the United States, to facilitate justice in its administration, to promote uniformity in its enactment and interpretation, to furnish a forum for the discussion and consideration of problems affecting the Maritime Law and its administration, to participate as a constituent member of the Comité Maritime International and as an affiliated organization of the American Bar Association, and to act with other associations in efforts to bring about a greater harmony in the shipping laws, regulations and practices of different nations.

The MLA's Committees and the Association as a whole meet in the spring and fall of each year. The on-going, year-round work is accomplished by the committees and by the officers, the immediate Past President and twelve other members of the Board of Directors, who govern the Association, subject always to the will of the membership as expressed at its semi-annual general meetings. Through its Committees, the MLA keeps abreast of federal and state judicial decisions, legislation and regulations in the maritime area. The Association is not a lobbying or special interest organization: Each of the traditional groups--cargo, personnel and vessel--has many representatives within the Association, united by their concern with maritime law in all its facets. In keeping with this interest and to ensure that the MLA reflects and meets the needs of its membership a special committee reviews all aspects of the Association.

Once every two years the MLA holds a meeting at which there are not only full-scale meetings of the Standing and Special Committees but also lectures, seminars and panel discussions on recent developments in maritime law by leaders in relevant fields. These educational activities, in addition to giving the busy practitioner an opportunity to become familiar with important new decisions, legislation and conventions, have been granted accreditation by state agencies on continuing legal education whenever such accreditation has been sought.

The MLA membership consists of lawyers involved in maritime matters, judges active in matters involving admiralty issues, admiralty law professors, and non-lawyers who are selected because they hold responsible positions in the maritime field and have rendered distinguished service in the advancement of maritime law or its administration. The Association publishes this comprehensive directory containing its By-Laws, a membership list and other information of interest to those concerned with maritime law, and this information is also made available online on the MLA website at www.mlaus.org.

The MLA is a professional organization concerned with improvements in the maritime law, which stands ready to be of help to those interested in this area of law. The advantages of membership in the MLA include the opportunities to meet and consult with other practitioners in the field, to receive Committee reports and other documents concerning pertinent developments, to participate in discussion of problems and issues with others who have similar interests, and to continue a long tradition of collegiality in the practice of admiralty law. Membership in the Association is open to any person admitted to the practice of law before any of the several courts of the United States and who is interested in the objectives of the Association. There are eight classes of membership: Ex Officio, Honorary, Life, Judicial, Academic, Proctor in Admiralty, Associate Lawyer and Non-Lawyer. The By-Laws of the Association were amended in 1981 so that attorneys are usually first admitted to membership as Associate Lawyer members and are not eligible to become Proctors in Admiralty, the highest membership category for practicing lawyers, until four years later and even then only after having met stringent professional and educational requirements to the satisfaction of the Committee on Proctor Admissions.

The designation "Proctor in Admiralty" is of ancient origin and applied to lawyers entitled to handle maritime litigation. The word "Proctor" was derived from the Roman word "Procurator", which was translated into English as "Proctor" when the Admiralty Courts were set up in England in the 13th century with jurisdiction over disputes within the Royal Navy as well as purely commercial maritime matters. The designation was continued in the American colonies and, until recently, in our federal court system. Though no longer in official usage, "Proctor" was deemed appropriate for use in our Association to designate the most distinguished class of membership for practicing maritime attorneys.

The MLA is an Affiliated Organization of the American Bar Association and is represented in the ABA House of Delegates. The ABA's Model Rules of Professional Conduct, adopted by the ABA House of Delegates on August 2, 1983, recognize that lawyers engaged in the practice of admiralty may be described by such designations as "Proctor in Admiralty" acknowledging the long historical tradition associating maritime commerce and the federal courts, and recognizing admiralty and maritime practice as a unique field of law.

Because the MLA's work has become so well-known, its views are frequently sought by Congress and government agencies. The Association's positions are officially expressed from time to time, but such expressions are subject to strict control. Some of the MLA's more notable activities internationally over the past 100 years have included:

Recommending, in 1912, that the CMI consider the formulation of rules governing carriage of goods under ocean bills of lading, and participation in the formulation of such rules and in the drafting of the Convention and legislation embodying them. The MLA's recommendation was approved by the CMI, but consideration of the subject in depth was interrupted by the outbreak of World War I in 1914, and the work was not resumed in earnest until 1921. In that year, at a meeting held in The Hague, the International Law Association approved a set of rules formulated by the CMI, based on the U.S. Harter Act of 1893, with several significant differences. The rules, which became known as The Hague Rules, were originally intended for incorporation in bills of lading, in the same way that the York-Antwerp General Average Rules are incorporated. However, it was soon decided that they should be adopted as an international convention. The Rules were amended by the CMI at a meeting in London in 1922, and then submitted to the Diplomatic Conference on Maritime Law, which had been established by the Belgian Government in 1905. The Rules were adopted in 1924 as an International Convention which entered into force in 1931, and has been in force ever since.

Members of the MLA were highly instrumental in the drafting of The Hague Rules, in persuading Congress to enact the Carriage of Goods Act of 1936, which is in almost all respects identical to the Convention, and in obtaining the Senate's advice and consent to ratification of the Convention in 1937.

Unfortunately, despite MLA support for many, if not most of the conventions drafted by the CMI, the U.S. Government's record for ratifying them has been poor. In addition to the Salvage Convention of 1910 and the Hague Rules Convention of 1924, the only CMI convention the United States has ratified is the Salvage Convention of 1989 which was drafted at the CMI's Montreal Conference in 1981 and submitted to the International Maritime Organization (IMO), which sponsored its adoption at a diplomatic conference. The United States was, in fact, one of the very first countries to ratify it.

The Association is connected with or interacts with a number of international organizations (usually identified by acronyms):

CMI. The Comité Maritime International (CMI) is an organization of over 40 national maritime law associations that was originally established in 1897 in Antwerp as a committee of the International Law Association. It has been instrumental in the preparation and adoption of numerous important international maritime conventions including, inter alia, the 1924 Hague Rules and the Protocols thereto of 1968 (Visby Rules) and 1979 (The Visby SDR Protocol), and the 1957 International Convention on Limitation of Liability of Owners of Seagoing Vessels. It is also the originator and “Trustee” of the 1974, 1990 and 1994 York-Antwerp Rules. CMI’s website is www.comitemaritime.org

IMO. The International Maritime organization (IMO), formerly named the Inter-Governmental Maritime Consultative Organization (IMCO), is an agency of the United Nations headquartered in London. Originally formed in 1948, its purpose is to provide a forum for cooperation among governments with respect to governmental regulation of international shipping, and to encourage and facilitate the adoption of the highest standards in matters concerning maritime safety, navigation, and prevention and control of marine pollution from ships. It functions through a number of committees including a Marine Safety Committee, a Marine Environment Protection Committee, and a Legal Committee. It is the IMO Legal Committee with which the MLA has the most contact. Members of the MLA have served on a regular basis as private sector advisors to the U.S. Delegation to the Legal Committee for a numbers of years. Today, IMO is the primary promulgator of international conventions concerning marine safety and navigation, including the International Convention for the Safety of Life at Sea (SOLAS), the International Convention for the Prevention of Pollution from ships (MARPOL 73/78), and a number of other legal conventions concerning liability and compensation issues. Most recently, the IMO has adopted a Protocol to the 1974 Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea. The website of the IMO is www.imo.org.

UNCTAD. The United Nations Conference on Trade and Development (UNCTAD), another agency of the United Nations was formed in 1965 and is headquartered in Geneva. Its purpose is to promote international trade, especially amongst emerging nations. It serves as a focal point within the United Nations for the integrated investment and sustainable development. It was instrumental in promoting the 1978 Hamburg Rules, the legal drafting and adoption of which were taken over by UNCITRAL. It has also collaborated with the IMO in the drafting and promulgation of the 1993 International Convention of Maritime Liens and Mortgages and the 1999 International Convention on the Arrest of Ships. UNCTAD’s website is www.inctad.org.

UNCITRAL. The United Nations Commission on International Trade Law (UNCITRAL) like UNCTAD is an agency of the United Nations. It was established by a United Nations General Assembly resolution in 1966 and is headquartered in Vienna. Its aim is to harmonize and unify international trade law. It was instrumental in the preparation of the 1978 Hamburg Rules and has prepared the 1985 UNCITRAL Model Law on International Commercial Arbitration. Currently, UNCITRAL has under consideration the CMI Draft Instrument on Transport Law which was delivered to it in December, 2001. A number of members of the MLA serve on the United States Delegation to the Working Group appointed by UNCITRAL to consider the Draft Instrument and the goal of re-unifying the law in relation to the carriage of goods. In addition, the MLA has been involved in advising a United States Delegation to an UNCITRAL Working Group considering certain amendments to the UNCITRAL Model Law on Arbitration. The UNCITRAL website is www.uncitral.org.

UNIDROIT. The International Institute for the Unification of Private Law (UNIDROIT) is an independent, intergovernmental organization headquartered in Rome. Originally an organ of the League of Nations, after the demise of the League it was reestablished in 1940 on the basis of a multilateral agreement, the UNIDROIT Statute. Its purpose is to study methods for modernizing, harmonizing and coordinating private and, in particular, commercial law as between States and groups of States. It has promulgated, inter alia, conventions on International Financial Leasing and International Factoring as well as a model law on International Commercial Arbitration. Its website is www.unidroit.org.

UNESCO. The United Nations Education, Scientific and Cultural Organization (UNESCO) is another agency of the United Nations. It was established in 1945 and is headquartered in Paris. Its main objective is to promote collaboration among nations through education, science, culture and communication in order to further universal respect for justice, the rule of law, human rights and fundamental freedoms. Recently, in 2001, the UNESCO general congress adopted a Convention on the Protection of Underwater Cultural Heritage. While the United States is not a member of UNESCO and had no vote in connection with said Convention, when it was prepared by UNESCO’s governmental experts, the U.S. made a strong statement opposing it. In addition, the CMI has indicated that it would not be able to support the convention. The MLA provided substantial input to the U.S. Delegation to the meetings of the UNESCO governmental experts that drafted this convention, and an MLA member served on the U.S. Delegation at a number of these meetings. UNESCO’s website is www.unesco.org.

Hague Conference on Private International Law. The Hague Conference on Private International Law is an intergovernmental organization founded in 1893 to promote uniformity of private international law. The Conference has drafted many conventions on various subjects of private international law, a number of which are in force in different countries including, among others, the Hague Convention on International Sale of Goods, the Hague Convention on Service of Documents Abroad, and the Hague Convention of Taking of Evidence Abroad. More recently, the Hague Convention has under consideration a Draft Convention on Jurisdiction and the Recognition and Enforcement of Civil Judgments. The MLA has been consulted by the State Department for advice and guidance on the maritime aspects of this Draft Convention and a member of the Association has attended meetings of the conference with the U.S. Delegation. The website of the Hague Convention is www.hcch.net.

On the domestic front, the MLA has played a vital part in the development of progressive maritime legislation and the improvement of rules governing admiralty practice. Among the statutes drafted or sponsored by the MLA are the Maritime Lien Acts of 1910 and 1920, and amendments of 1988, the Salvage Act (1912), the Death on the High Seas Act (1920), the Act permitting appeals from interlocutory admiralty decrees (now called "judgments"), the maritime provisions of the Foreign Sovereign Immunities Act, the Suits in Admiralty Act (1920), the Public Vessels Act (1925), the Extension of Admiralty Jurisdiction Act, the Carriage of Goods by Sea Act (COGSA), the Longshore and Harbor Workers Compensation Act (1927) and Amendments of 1972 and 1984, the Jones Act (1920), the Inland Rules Act (1981), the 1972 International Collision Regulations, the Amendment to the Limitation of Liability Act increasing the fund available to death and injury claimants, and the 1980 Statute of Limitations on personal injury and death claims. As of this writing, a group of MLA members, is part of the United States Delegation to the UNCITRAL working group on transportation law.

The MLA played a leading role in the 1966 merger of the former General Admiralty Rules of the Supreme Court and the Federal Rules of Civil Procedure. Its Committee on Practice and Procedure worked closely with the Government's Advisory Committee, which included several senior members of the MLA. The Association was largely responsible for preserving the essential features of admiralty arrest and attachment, possessory, petitory and partition actions, and concursus in limitation of liability proceedings.

The Association also had much to do with the successful defense of the time-honored admiralty arrest and attachment procedures against Constitutional attack. In a rare case, Circuit Judge John R. Brown of the U.S. Court of Appeals for the Fifth Circuit, recognizing the stature of the MLA, permitted our then MLA President to argue an appeal on behalf of MLA as amicus curiae in support of the constitutionality of maritime arrest. The outcome was successful, and the decision (two to one) has been since then repeatedly cited as precedent in other cases around the country involving the constitutionality of maritime arrest and attachment.

In order to facilitate the more visible domestic and international activities of the MLA as described above, our several standing committees study, discuss and analyze developments in the law affecting each committee's particular area of interest, and often prepare and distribute reports or newsletters. More particularly, the activities of these standing committees which have been realigned to reflect changes in the industry and in the practice of admiralty law, include:

Committee on Arbitration and ADR
Reviews current developments in arbitration and mediation in the United States and abroad; analyzes the effect of domestic legislation and international law on arbitration practice; encourages increased utilization of alternative dispute resolution methods in maritime contexts; has proposed mediation guidelines; maintains a close relationship with the Society of Maritime Arbitrators.

Committee on Carriage of Goods
Studies court decisions and regimes of law covering the allocation of risks in transporting cargo by sea, including, e.g., the Hague Rules and 1968 Visby Amendments drafted by the Comit 1 Maritime International, the 1978 Hamburg Rules Convention, and a proposed international convention covering multimodal transport; drafted a proposed act to reform COGSA approved by the Association; tracks developments in all subjects related to transport, including bills of lading, letters of indemnity, and e-commerce; has Subcommittees on Cargo Liability and Shipping Documents; publishes a newsletter on current developments.

Committee on Cruise Lines and Passenger Ships
Provides a forum for those involved in any aspect of this industry; reviews problems and developments arising from cruise and passenger ship operations and monitors governmental regulations affecting the industry.

Committee on Fisheries
Serves as a forum for monitoring maritime law issues as they impact the fishing industry; while keeping the MLA membership up-to-date on legal developments in this important segment of U.S. maritime commerce, the Fisheries Committee also considers proposals for change in the statutes and regulations affecting the fishing industry.

Inland Waters and Towing
Provides a forum for all aspects of the inland waters practice, including the rivers and Great Lakes, as well as all aspects of the towing industry, including inland towing, ocean towing, ship assist and docking.