Some unsettling maritime terms: the interpretation of found, cargo, ballast and voyage

Abstract

This paper examines the meaning of four common maritime and admiralty terms: found, cargo, ballast and voyage. These terms are problematic because their definitions are elastic which makes application of the terms difficult. The four terms are important because significant legal consequences are attached to each of them, particularly for seamen on flags of convenience (FOC) and crews of convenience (COC) vessels in US ports. The findings of the author are based on personal experience as well as research conducted in preparation as an expert witness in several maritime cases in both the US District Courts and in Louisiana State Courts, personal interviews with seamen on FOC/COC vessels, interviews with legal and economic experts on the international maritime industry and officials of national and international labour organizations.

Notes

Individual states are being given a greater voice in maritime manners, which have long been the sole domain of the Federal government. Fruhling, L.(1997), Stating their case. Work Boat, 54, 58-72.

189 US 158. (1903). However, the duty was derived from medieval maritime codes, (the Rules of Oleron, the Laws of Wisbuy, and the Laws of Hanse Towns).

11 Federal Case 480, 482-483, (C. C. D. Me. 1823).

The shipowner's obligation to pay maintenance arising regardless of fault and continues until the seafarer reaches maximum cure. See: Norris, M. J. (1985), Law Of Seaman, (Rochester, NY: Lawyers Cooperative Publishing Company)

623 So.2d 1257, (La. 1993).

The International Transport Workers' Federation (ITF) attempts to get FOC ships to sign collective bargaining agreements with national labour unions or to bargain with the ITF itself, putting all members of the crew in the ITF special seafarers department. Those vessels without ITF blue certificates (collective bargaining agreements) are frequently struck in ports. If the ITF were successful FOC and COC would no longer exist. Ships would be registered in the nations of their owners and the unionized crews would be of the same nations as their vessel and its owner. Many Asian seafarers unions and other so-called labour unions in the ThirdWorld have protested the workings of the ITF because it would eliminate jobs for Asian seafarers. It is the opinion of this author that such a position is very selfish and short-sighted. Indeed these labour organizations are not interested in the welfare of the seamen, but in their own business of crewing ships. The ITF's success will improve conditions for all seafarers. There are two international agencies concerned with operations of ships. The International Labour Organization (ILO) and the InternationalMaritime Organization (IMO). The ILOaddresses all labour problems including seafaring. The IMOis concerned strictly with issues such as pollution and safety. International Transport Workers' Federation (1996). ITF Standard Collective Bargaining Agreement For Crews on Flags Of Convenience Ships, (Worthing, UK: College Hill Press); Donn, C. (1991), National regulation of international industry: industrial relations in the maritime industry, Research Paper Number 14 (Syracuse, NY: Le Moyne College Institute of Industrial Relations); Maritime Education and Resource Center (1990), International Seafarers' Code: A Compendium of I. L. O. Conventions and Recommendations for Seafarers (Quezon, Philippines: Maritime Education and Resource Center); Chapman, P. K. (1992), Trouble On Board: The Plight of International Seafarers (Ithaca, NY: ILR Press)

46 United States Code 10313 et. seq.; MacArthur, W. (1919), The Seaman's Contract, (San Francisco: MacArthur).

Norris [12]; MacArthur [16]

The general categories are: passenger, RoRo cargo, vehicles carrier, offshore supply, fishing, dredger, general cargo, refrigerated cargo, container, tanker, bulk carrier, and icebreaker. Lloyd's Register of Shipping, (1997), (London: Lloyd's Register of Shipping), pp. 15–18

Approximately two-thirds of world crews are Filipino, consequently any discussion of this issue concerns Filipino labor; Chapman [15]; Forsyth [21].

Chapman[15]; Donn [15]; Forsyth[21]

Goldberg [25]