Informa Professional

The International Law of the Shipmaster - Seafarers on the Frontline

The shipmaster today is coming under greater scrutiny than ever before.  As the owner's principal agent, it is important that the owner and the master understand where the master stands in law at any time.  The situation is complex.  Written to fill a need voiced by owners, masters, P&I clubs, agents, labor organizations governments and others, The International Law of the Shipmaster by John A. C. Cartner and Richard P. Fiske of Cartner & Fiske, LLC and Tara L. Leiter of Blank Rome, LLP describes the complexity of the legal situation of the modern master.  This book will serve as a ready reference and as a way to become familiar with "shipmaster law."  No similar book has been written since the 14th edition of Abbott on Shipping (1912). 

The book is divided into three parts.  The first part comprises a survey of the international law as it relates to the master.  It introduces the law of the shipmaster in historical, social and practical contexts.  It then reviews the international law affecting the master as well as the international organizations and conventions under which the master operates.   A discussion of the various domestic law regimes within the 195 states expressing some maritime jurisdiction-however attenuated-is helpful for those familiar with the workings of the civil law but not the common law and vice versa.  Jurisdiction is discussed in some detail, with the recognition that the master changes jurisdictions as the vessel changes position.  The jurisdictional discussion is followed by a discussion of the flag state and the master's warrant of the flag state to enforce its laws in various jurisdictions under various regimes.  One of the regimes is the coastal or port state in which the master frequents-a jurisdiction which is becoming increasingly complex and unpredictable for the master and owner in terms of port state control, security enforcement and other uses to which the port state may put the convention language under which it is working domestically.

The second part of the book addresses the substantive doctrines of law governing the shipmaster.  It analyzes the relationship among the master, the owner and the time or voyage charterer and gives many exemplar charter clauses for each affecting the master. The legal powers, rights and duties of the master are presented extensively, as are the master's duties and obligations for the safety of the vessel and seaworthiness as well as for the maintenance of order on the vessel.  There is a detailed analysis of the owner-master relationship in port, at sea and when the owner cannot be contacted by the master for orders.  Also discussed is the master's responsibility for the safety of the cargo and the duties related to bills of lading.   The shipmaster has various duties and liabilities under the many environmental conventions and laws.  These, too, are laid out, as are the master's duties with respect to labor.  The last substantive chapter in the second part deals with the limitations of liability of the master under various regimes in various states.

The third part of the book considers the statutes governing the shipmaster for each of 195 states.  Each state is categorized as to its importance as a flag state or a port state based on empirical information.  Category A states in either flag or port activities are given greater coverage than lesser states in categories B through H.  The views of various entities as to the functionality of governments, stability and rule of law are provided for most states.  However, the book attempts to include all states, even if the state is an IMO member with no ships or is not an IMO member and has ships.

About the Authors
John A. C. Cartner holds the Coast Guard's license as a master of steam and motor vessels unlimited as to waters or tonnage.  He has sailed as master and practices maritime and admiralty law domestically and internationally.  He holds a Ph.D. in quantitative methods.  Richard P. Fiske is a retired naval captain, formerly Supervisor of Salvage of the U. S. Navy, and practices maritime and admiralty law.   Tara L. Leiter is a U.S. and U.K. (pending) licensed lawyer and received her Masters of International Maritime Law from the IMO International Maritime Law Institute in Malta, EU.  She practices corporate law and U.S. and international maritime and admiralty law at the leading U.S. maritime law firm Blank Rome, LLP in Washington, DC.

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