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Maritime Law: An Annotated Bibliography of Essential Publications
Published online by Cambridge University Press: 28 February 2019
Extract
The terms “admiralty” and “maritime law” are virtually synonymous and are frequently used interchangeably. They refer to that body of law which relates to marine commerce and navigation, to ships and shipping, to seamen, to the transportation of persons and the carriage of property by sea, and to marine affairs in general. Admiralty or maritime law therefore does not comprise a single category of legal theory such as contracts or torts but rather incorporates a variety of traditional legal subjects including contracts and torts, procedure, and jurisdiction as well as several unique areas such as general average. Since maritime law does not focus on a single field of legal theory, it is useful to divide the subject into separate topics. Among these are: (l)Marine Insurance and General Average; (2) Carriage of Goods and Cargo Damage; (3) Charter Parties and Bills of Lading; (4) Personal Injury and Death; (5) Collision and Rules of the Road; (6) Salvage and Towage; and, (7) Maritime Liens and Ship Mortgages. These classifications should not, however, be regarded as rigid since there often is overlap between topics. Additionally, there are general treatises on the subject, case reporters, dictionaries, directories, and journals which include articles exclusively on maritime law.
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- Copyright © 1984 by International Association of Law Libraries
References
1. There is an American case which draws a distinction between the two terms. See, Bushey & Sons, Inc. v. United States, 276 FS 518, 524 (1967). Also, the English tend to regard “admiralty law” as collision and salvage and “maritime law” as carriage of goods and marine insurance.Google Scholar
2. The appropriate volumes from the United States Code and the Code of Federal Regulations pertaining to maritime matters and the equivalent English publications which are Statutes in Force and Statutory Instruments are not included in this bibliography since they are ordinarily found in most American or English law libraries, respectively. Academic and county law libraries usually contain each of these publications. Additionally, various publications from maritime professional organizations, although sometimes useful, are not included since, in the author's opinion, they are not essential components for a maritime law collection.Google Scholar
3. The seafaring colony on the island of Rhodes nearly thirty centuries ago has been credited with originating the principle of general average. Rhodian law influenced the Romans at the zenith of their sea power. The Justinian Code contains one of the earliest formulations of the law of general average, stating: “It is provided by the Rhodian law that if merchandise is thrown overboard to lighten the ship, the losses occasioned for the benefit of all must be made good by the contribution of all.” See, Gilmore and Black, The Law of Admiralty, 2nd Edition, Section 5-1.Google Scholar
4. Marine salvage presupposes three essential conditions: (1) the vessel or its cargo must be imminently exposed to a marine peril; (2) the salvage service must be rendered voluntarily, not in the performance of any legal or contractual duty; (3) the salvage service must succeed in saving or contribute to the saving of the vessel or propertv at risk. See, The Sabine, 101 U.S. 384 (1879); The Blackwall, 77 U.S. 1 (1869).Google Scholar
6. In the United States judicial decisions are reported “officially” and “unofficially.” If the published reports of decisions of courts are expressly provided by constitutional or statutory provisions they are regarded as “official reports.” They are the authoritative text of the decisions of a particular jurisdiction. Those published without such authority are regarded as “unofficial reports.” It is common for “unofficial reports” to consist of collections of cases on specific subjects for example maritime law or securities law or environmental law. Sometimes they consist of cases from geographical regions.Google Scholar