Introduction to Maritime Law Maritime Law, branch of law relating to commerce and navigation on the high seas and on other navigable waters. Specifically, the term refers to the body of customs, legislation, international treaties, and court decisions pertaining to ownership and operation […]
A shallow draft, walled-in marine conveyance used to haul cargo, usually in bulk. A barge may be self-propelled, although it is more commonly pulled or pushed by a tug or other vessel. Barges are used principally on inland waterways, although some oceangoing vessels are specially equipped to carry b…
American Bureau Of Shipping Summary of American Bureau Of Shipping
A nonprofit corporation founded in 1862 for the purpose of certifying the soundness and seaworthiness of vessels and other maritime engineering structures. The ABS, along with other recognized classification societies, […]
Habitual Place of Work The Jurisdictional Rule about the Habitual Place of Work Note: for complementary information, see the entry … Read more
International Maritime Organization (IMO) Treaties or International Agreements Introduction The majority of conventions adopted under the auspices of the International … Read more
Summary of Jones Act
A provision of the Merchant Marine Act of 1920 designed to clarify the law by which a seaman could recover for injuries sustained in the course of employment. An earlier act (38 Stat. 1164 [1915]) had permitted seamen to recover more than cure and maintenance for […]
Summary of Salvage In maritime law, the compensation allowed to persons through whose assistance a ship or its cargo is saved in whole or in part. Four elements are essential to validate a salvage claim: (1) a marine peril must have existed; (2) the service must have been voluntary; (3) the […]
Description of Allision In this reference work, allision is a sort of the Maritime law category. Resources See Also Collision Shipping Maritime law
Description of Abs Rules In this reference work, abs rules is a sort of the Maritime law category. Resources See Also American Bureau Of Shipping Shipping Maritime law
Summary of Merchant Marine
A nation's fleet of oceangoing commercial cargo and passenger vessels. In some nations these vessels may be owned and operated by instrumentalities of the government. For most of the major maritime nations, however, the vessels are privately owned and […]
Summary of General Average
An ancient principle in international maritime law requiring a contribution by the vessel and cargo interests to pay for "extraordinary expenses and sacrifices"incurred in saving the vessel and its cargo. The term average derives from an Arabic word […]
Summary of Adventure
In marine insurance, any maritime enterprise. The term is most commonly used to denote the risks undertaken by a vessel and her cargo in the course of transiting the seas.
(Main Author: William J. Miller)
Description of Adventure Resources See Also Joint […]
Summary of International Maritime Organization
A specialized agency of the United Nations concerned with maritime safety and protection of the marine environment. The IMO was created as the result of the United Nations Maritime Conference of 1948; the convention creating the IMO did not, […]
Summary of Innocent Passage
The right of a ship of one state to transit the territorial sea of another state, so long as the voyage does not disturb the peace or well-being of the coastal state. This right is subject to limitations, such as the right of the coastal state to prescribe […]
Description of Possessory Action In this reference work, possessory action is a sort of the Maritime law category. Resources See Also Ejectment Replevin Admiralty Maritime law
Summary of Cargo Merchandise in the process of being transported; not to be confused with freight, which, in maritime usage, is the sum earned by a carrier for transporting goods. General cargo consists of various commodities comprising the property of many shippers or consignees; special […]
Description of Active-operations Duty In this reference work, active-operations duty is a sort of the Maritime law category. Resources See Also Turnover Duty; Intervention Duty Shipping Maritime law
Summary of Constructive Total Loss
In marine insurance, a loss where cost of repair or recovery would exceed the value of the property were it to be saved or repaired. In British usage, an insured cannot claim a constructive total loss unless the costs of rehabilitation exceed 100 percent […]
Description of Extraordinary Average In this reference work, extraordinary average is a sort of the Maritime law category. Resources See Also Maritime law
Summary of Particular Average
A partial loss of the value of cargo shipped by sea attributable to a marine peril. See free of particular average.
(Main Author: William J. Miller)
Particular Average in International Trade Meaning of Particular Average, according to the Dictionary […]
The origins of maritime law go back to antiquity. Because no country has jurisdiction over the seas, it has been necessary for nations to reach agreements regarding ways of dealing with ships, crews, and cargoes when disputes arise. The earliest agreement…
Description of Accomenda In this reference work, accomenda is a sort of the Legal History, Maritime law category. Resources See Also Mandate Legal History Maritime law
In marine insurance contracts, either an exemption from or limitation to the policy, or a promissory warranty whereby the insured agrees to do, or not to do, some particular act. Failure to adhere strictly to a promissory warranty may invalidate a contract of insurance, whether or not the […]
A provision in a marine cargo policy that partial losses will be adjusted if the loss exceeds a certain percentage of the total value of the shipment. A clause providing "with average if amounting to 3 percent," for example, would oblige the underwriter to settle a partial-loss claim […]
Marine insurance policy issued to cover various unspecified voyages over the life of the policy. An open policy is issued to a firm engaged in extensive shipping transactions, the details of which are probably unknown at the time the policy is issued; usually, the policyholder declares his […]
In maritime shipping, the tender by a shipper to a carrier of a sufficient amount of cargo so as to warrant a vessel calling at a port not ordinarily scheduled during the voyage….
A clause in an ocean marine policy that deletes from the list of covered perils the WAR RISKS (read this and related legal terms for further details) of capture and seizure, and losses attributable thereto. All such war-…
A publication containing details of the characteristics and construction of various oceangoing vessels. The publication is not produced by Lloyd's Of London (read this and related legal terms for further details), wh…
A person or firm employed by a shipper of merchandise to book passage for the goods, prepare documents, and generally coordinate the shipping transaction. Ocean freight forwarders are regulated under General Order IV of the Federal Maritime Commission; domestic surface forwarders are subject to […]
A form of marine insurance coverage which provides that the insurer will be liable to the policyholder for all risks of loss or damage attributable to external forces, other than perils expressly omitted….
A clause in a basic marine cargo insurance policy restricting settlements in the case of partial losses attributable to perils of the sea or incidents where the vessel has been sunk, burned, or stranded during the course of the voyage. An F.P.A. policy provides the most limited coverage. The […]
Maritime Piracy Definition of Maritime Piracy In the United Nations Convention on the Law of the Sea (UNCLOS) of 1982, … Read more
An act committed by a master or mariners contrary to their duties to the ship, including, inter alia, mutiny, sabotage, and theft of cargo….
A claim upon a vessel arising from a maritime operation. Apart from certain statutory "liens" that arise under ship mortgages and governmental guarantees to finance ship construction, a maritime lien must arise from actions involving the vessel itself, its cargo, maritime tort, or other pe…
A provision in a charter party that precludes payment of Despatch Money (read this and related legal terms for further details) for early release of a vessel….
An agency of the U.S. Department of Transportation assigned the task of promoting the American Merchant Marine.MARAD was established in 1950 and pursues its objective through various programs, including ports and intermodal systems development, research and development in vessel and equipment design…
A delay in the execution of a maritime LIEN (read this and related legal terms for further details). Inasmuch as maritime liens have priority by inverse order, i.e., the last lien has priority over preceding liens, a fai…
“Alabama” Arbitration Introduction According to Collier’s New Encyclopedia, the Alabama claims were a “series of claims made in 1871 by … Read more
Bering Sea Arbitration Definition The important fishery dispute between Great Britain and the United States, which was closed by this … Read more
In marine insurance policies, an exclusion of coverage for the named peril. For example, "warranted free of capture and seizure" means the underwriter will assume no responsibility for such losses….
The risks borne by a cargo owner or shipper that his goods will be lost or damaged owing to hostile actions at sea. Marine cargo policies exclude war risks from coverage, responding only for marine perils such as sinking, fire, collision, and various perils of the sea. War risks are covered in a sep…
A provision that can be included in marine insurance policies for coverage on merchandise from initial point of shipment until final delivery at a specified destination….
An act of Congress that prescribes the basis for arbitration of commercial disputes arising from maritime contracts and contracts involving foreign entities. The act is divided into two chapters.
Chapter I, dealing with maritime transactions, was enacted in 1947 and based upon an earlier …
In the Merchant Marine Act of 1936, a provision for the U.S. government to act as guarantor on debt obligations contracted by U.S. citizens for the purpose of constructing vessels to trade under the American flag….
A clause in a marine insurance contract which stipulates that a vessel may call at customary ports along its route, and that such calls will not of themselves be regarded as a deviation (read this and related legal terms for…
A firm furnishing wharfage, warehousing, container facilities, or similar services to oceangoing common carriers. Such firms are subject to regulation by the Federal Maritime Commission….
A mechanism employed by the International Maritime Organization (read this and related legal terms for further details) to facilitate adoption of technical agreements among member states. Generally, international convent…
Also known as heavy weather, the extraordinary force of wind, waves, or sea conditions exerted upon a vessel and its cargo. Stress of weather is a "peril of the seas" and is routinely covered in marine cargo policies. …
A common provision in ocean marine cargo insurance policies that the owner of the merchandise will "sue, labor, and travel for the benefit of the goods." In essence, the owner of the goods is compelled to take all reasonable steps within his power to prevent or mitigate losses; he may be r…