Of Piracy and General Average: Contribution in General Average for Ransom Payment Occasioned by Piratical Activity

Gauci examines the interplay between two ancient legal areas encountered in admiralty law, i.e. general average and piracy; the first is a unique indemnification system, to an extent similar to insurance, described as providing in ancient law "security against a certain aspect of the maritime r...

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Bibliographic Details
Published inJournal of maritime law and commerce Vol. 50; no. 2; pp. 235 - 255
Main Author Gauci, Gotthard Mark
Format Journal Article
LanguageEnglish
Published Bristol Roger Williams University, School of Law 01.04.2019
Subjects
Attorneys
Expenditures
Insurance
International law
Judgments
Marine insurance
Maritime law
Piracy
Safety
Salvage
Security
Supreme Court decisions
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ISSN0022-2410
2162-4127

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Summary:Gauci examines the interplay between two ancient legal areas encountered in admiralty law, i.e. general average and piracy; the first is a unique indemnification system, to an extent similar to insurance, described as providing in ancient law "security against a certain aspect of the maritime risk, namely that which consists in deliberate sacrifice for the common safety," whilst the second displays the idiosyncratic approach of admiralty law in providing a marine insurance definition of piracy which is to a substantial extent at odds with that in public international law. He also examines the recent United Kingdom Supreme Court judgment in The Longchamp as well as other judgments on general average within the broad context of the perennial debate as to whether or not that institution should be retained.
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ISSN:0022-2410
2162-4127