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History of the German Maritime Casualty Investigation
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Historical Background The need to have maritime casualties investigated has existed ever since shipping has been conducted on a relatively large scale. That is why in many maritime nations formal investigation procedures were introduced at an early stage in order to clarify the causes of accidents and draw findings from these to help avoid similar accidents in future.
In Germany, after the founding of the Reich in 1870 and the introduction of a uniform flag for the entire German fleet at the suggestion of representatives of the Hanseatic cities, a bill was drafted and entered into force in the year 1877 as the Act concerning the investigation of maritime accidents(1),
sunken ship
that covered a court-like proceeding with an oral hearing as well as ascertainment of the causes and assessment of the behaviour of the participants with the possible consequence of withdrawing a certificate.
This act - after re-enactment in the year 1935(2) - continued to apply up to 30.09.1986. Up to this time the first instance in the maritime casualty investigations by the maritime courts (Seeämter) lay within the purview of the specialist authorities of the coastal states, or were allocated to these organisationally. The instance for objections was the Reich Maritime Court (Reichsseeamt), or since 1950 the Federal High Court of Enquiry into Maritime Casualties (Bundesoberseeamt) located in Hamburg. After the Supreme Federal Administrative Tribunal (BverwG(3)) had clarified already in 1969 that the investigation proceedings of the maritime courts (Seeämter) were administrative proceedings, the question of inadmissible mixed administration for maritime casualty investigations was raised and this made the enactment of a new law unavoidable.
1 Reich Law Gazette I p. 549
2 Reich Law Gazette I p. 1183
3 Federal Admin. Act 32, 31