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Maritime Law Glossary

Maritime Law Glossary

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Published by: PARALELO10 on Jul 22, 2012
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 Maritime Law GlossarySource: McGill University Glossary of Maritime Law
Legend: Meaning
above, esp. when used in referring to parts of a text
below, esp. when used in referring to parts of a text
a) a formal order under seal, issued in the name of a sovereign, government, court, orother competent authority, enjoining the officer or other person to whom it is issued oraddressed to do or refrain from some specified act; ) b) (in early English law) any formaldocument in letter form, under seal, and in the sovereign's name.
Maritime Law GlossaryA-M
The American Arbitration Association. Corporate Headquarters and Customer ServiceCentre, Email: Websitemail@adr.org. International Center for Dispute Resolution, Email:mailto:AppelM@adr.org Website: http://www.adr.org/
A.A.A. - See Association of Average Adjusters (infra).
Abandonment is the giving up by the insured of the proprietary rights in insuredproperty to the underwriter in consideration for payment of a constructive total loss (infra) oran actual total loss (infra). See Marine Insurance Act, 1906 (U.K.) sects. 61-63; see also Notice of abandonment (infra). See Tetley, Int'l M. & A. L., 2003 at p.612. Abandonment ("abandon") isalso the ancient principle of a shipowner having responsibility only up to the value of the shipand freight (infra) (but calculated after the collision (infra)). The principle was found in the 1924Shipowners' Limitation Convention and is still found in the U.S. Shipowners' Limitation of Liability Act, 1851, 46 U.S. Code 30505(a) (formerly 46 U.S. Code Appx. 183). See Tetley, Int'l. C.of L., 1994 at pp. 510-511, 517-518; Tetley, M.L.C., 2 Ed., 1998 at pp. 109-110; Tetley, Int'l. M &A. L., 2003 at pp. 20-21.
Abus de droit
A civil law principle of abuse of right due to a flagrant act of a creditor or thepossessor of a thing. See Tetley, Int'l. C. of L., 1994 at p. 675; Tetley, M.L.C., 2 Ed., 1998 at Chap.28, pp. 1053-1089; Tetley, Int'l. M. & A. L., 2003 at p. 54.
Acta jure gestionis
"Acts by right of management". Activities of a commercial naturecarried out by a foreign State or one of its subdivisions or agencies, which acts are not immune
from the jurisdiction (infra) and process of local courts under the modern doctrine of restrictiveforeign sovereign immunity (infra). See Tetley, M.L.C., 2 Ed., 1998 at pp. 1163 and 1184; Tetley,Int'l. M. & A. L., 2003 at p. 441.
Acta jure imperii
"Acts by right of dominion". Activities of a governmental or publicnature carried out by a foreign State or one of its subdivisions, which qualify for State immunityunder the modern doctrine of restrictive foreign sovereign immunity (infra). See Tetley, M.L.C.,2 Ed., 1998 at pp. 1163 and 1184; Tetley, Int'l. M. & A. L., 2003 at p. 441.
Action in personam
See Writ in personam, infra.
Action in rem
See Writ in rem, infra.
Actual fault or privity
A faulty act or omission of a party, or his knowledge of or complicitywith the faulty act or omission of another for whose conduct he is responsible. Under the Hagueand Hague/Visby Rules (infra), the carrier (infra) wishing to avail himself of the exception fromliability provided by art. 4(2)(q) must prove that the loss or damage has occurred without hisactual fault or privity or the fault or neglect of his servants or agents. See also COGSA (see infra)s. 4(2)(q) (46 U.S. Code Appx. 1304). (Tetley, M.C.C., 4 Ed., 2008 at pp. 1225-1243) Similarly,under the International Convention Relating to the Limitation of the Liability of Owners of Seagoing Ships of Oct. 20, 1957 (the Limitation Convention 1957, infra) art. 1(1), and nationallegislation based on that Convention, the owner of a seagoing ship may limit his liability inrespect of certain claims, "unless the occurrence giving rise to the claim resulted from [his]actual fault or privity". The equivalent term in the American Shipowners' Limitation of LiabilityAct of 1851 is "privity or knowledge" (infra). See 46 U.S. Code 30505(b) (formerly 46 U.S. Code183(a). See Tetley, Int'l C. of L., 1994 at pp. 511, 517; Tetley, Int'l. M. & A. L., 2003 at pp. 284-286.
Actual Total Loss
An actual total loss occurs when: (1) the insured property is completelydestroyed; or (2) the assured is irretrievably deprived of the insured property; or (3) cargochanges in character so that it is no longer the thing that was insured (e.g. cement becomesconcrete); or (4) a ship is posted "missing" at Lloyd's, in which case both the ship and its cargoare deemed to be an actual total loss. See Marine Insurance Act, 1906 (U.K.) sect. 57. See Tetley,Int'l. M. & A. L., 2003 at pp. 606-606.
Ad Valorem
"According to value". For example, an ad valorem freight rate is one based onthe value of the cargo, rather than on its weight or its cubic measurement.
Admiralty and Maritime Law Guide
An American website featuring annotated links to U.S.admiralty case digests, opinions and international maritime conventions. Website:http://www.admiraltylawguide.com/
Admiralty Solicitors Group
The City of London Admiralty Solicitors Group (generally knownas the "Admiralty Solicitors Group") is an organization devoted to promoting high standards inthe practice of maritime law in London and to promoting the arbitration and mediation of maritime law disputes there. It also publishes various standard-form documents used bymaritime law practitioners, particularly in collision and salvage cases. Website:http://www.admiraltysolicitorsgroup.com/main.htm.
A Canadian maritime and admiralty law website, with many links toother sites, maintained by Chris Giaschi of Giaschi & Margolis, Vancouver, British Columbia,Canada. Website: http://www.admiraltylaw.com/.
An Email subscription list for professors of admiralty and maritime lawand others interested in the discipline, including practicing lawyers and those studying orparticipating in shipborne transportation and commerce, the law of the sea, the exploitation orconservation of marine resources, and marine archaeology. Contact: John Paul Jones, The T.C.Williams School of Law, University of Richmond, Richmond, Virginia 23173, U.S.A. Tel.: (804)289-8211; fax: (804) 289-8683. Email: jjones@richmond.edu.
In civil law jurisdictions, "affreightment" refers to a contract for the charteringof a ship or some principal part of it. In England, the term is used to refer to the contract for thecarriage of goods in a ship, either under a bill of lading (infra) or a charterparty (infra). (Tetley,Int'l C. of L., 1994 at p. 248 note 7; Tetley, Int'l M. & A. L., 2003 at p. 128 note 28).
AFS Convention 2001
Anti-fouling Systems (AFS) Convention 2001 - The InternationalConvention on the Control of Harmful Anti-fouling Systems on Ships, adopted by the IMO (infra)on October 5, 2001, and in force 17 September 2008.
Allision is a primarily American term for collision (infra) of a ship with a fixedobject, not a ship. See In re Superior Constr. Co., 445 F.3d 1334 at 1336, note 1, 2006 AMC 1038at p. 1039, note 1 (11 Cir. 2006).
See Association of Maritime Arbitrators of Canada (infra).
American Maritime Cases, Baltimore, Maryland. Maritime law decisions of Americanfederal and state courts since 1923. An example of a citation for a District Court is 1970 AMC123 (S.D. Fla. 1969), for the Court of Appeals is 1986 AMC 1130 (2 Cir. 1985) and for the U.S.Supreme Court is 1953 AMC 1210 (U.S.). Address: Mr. Marty Kappert, American Maritime Cases,Inc., 3600 Clipper Mill Road, Suite 208, Baltimore, MD, 21211, U.S.A. Tel: (410)-243-2426; Fax:(410)-243-2427. Email: amcrptr@mindspring.com. Website:http://www.americanmaritimecases.com/.

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