ORCID
- Gauci, Gotthard: 0000-0002-9439-6485
Abstract
This article 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 y at odds with that in public international law. The recent United Kingdom Supreme Court judgment in The Longchamp as well as other judgments on general average are examined within the broad context of the perennial debate as to whether or not that institution should be retained.
Publication Date
2019-04-01
Publication Title
JOURNAL OF MARITIME LAW AND COMMERCE
ISSN
0022-2410
Embargo Period
2020-12-12
Organisational Unit
Plymouth Business School
Keywords
General Average, Piracy, Ransom payment
Recommended Citation
Gauci, G. (2019) 'Of Piracy and General Average: Contribution in General Average for Ransom Payment occasioned by Piratical Activity', JOURNAL OF MARITIME LAW AND COMMERCE, . Retrieved from https://pearl.plymouth.ac.uk/pbs-research/43