Maritime Law
Maritime Law tests the legal framework for the master's decisions: the Croatian Maritime Code, international conventions, contracts of carriage, collision, salvage, general average and limitation. Answers should identify the governing rule and apply it to the facts.
Core rules
- UNCLOS zones: territorial sea 12 nm, contiguous zone 24 nm, EEZ 200 nm; innocent passage and sovereign rights differ.
- Hague-Visby limits are 666.67 SDR per package or 2 SDR per kg, whichever is higher, unless a higher national rule applies.
- Salvage is usually 'no cure, no pay'; general average is a separate contribution from all saved interests under the York-Antwerp Rules.
- Collision liability is apportioned by fault; limitation and wreck removal have their own conventions.
Worked example
Cargo worth USD 200,000 is jettisoned to save ship, cargo and freight. Adjusted contributory values are ship USD 4.8m, cargo USD 2.9m and freight USD 0.1m, total USD 7.8m. Cargo's general average contribution = 200,000 × (2.9/7.8) = USD 74,359. The reasoning: the sacrifice is shared in proportion to the values at risk, not charged only to the shipowner.
Traps
Mixing general average with salvage; assuming 'no cure, no pay' excludes environmental awards; applying package limits to bulk cargo; and ignoring mandatory Croatian Maritime Code provisions. Laytime and demurrage are contract terms, not general average.