General clause of good Maritime Practice – an outline of the issues Cover Image

Klauzula generalna dobrej Praktyki morskiej – Zarys Problematyki
General clause of good Maritime Practice – an outline of the issues

Author(s): Kamil Zeidler, Piotr Ostrowski
Subject(s): Supranational / Global Economy, Energy and Environmental Studies, International Law, International relations/trade, Environmental interactions
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: maritime; practice; law; Code; safety; rules;

Summary/Abstract: The article outlines the problem of the general clause of good (ordinary) maritime practice, as the statutory reference to the normative system and axiological system other than law. The Authors present the legal bases which include this clause, especially art. 57 of the Maritime Code, which provides that before and during the journey the captain is obliged to exercise due care that will make the ship seaworthy, and in particular to satisfy the requirements arising from the provisions and principles of good maritime practice concerning the safety, crew selection, appropriate equipment and supplies. The Authors identify eight characteristic features of the clause. Good maritime practice is a set of directives concerning reliable and professional proceedings, which result in efficient operation, due diligence and sense of responsibility for the ship safety. The general clause of good maritime practice is often directly invoked in the decisions of maritime chambers, while in others it is the basis for the assessment of the event, particularly the behavior of its participants. The essence of the article is therefore to draw attention to the major importance of the principles and rules established outside the legal system in the activities of maritime chambers.

  • Issue Year: 2014
  • Issue No: XXXII
  • Page Range: 455-467
  • Page Count: 13
  • Language: Polish