The International Law of the Shipmaster by Cartner, Fiske and Leiter.

BOOK REVIEW: THE INTERNATIONAL LAW OF THE SHIPMASTER

By John A.C. Cartner, Richard P. Fiske, Tara L. Leiter

ISBN: 978-1-84311-807-7

Informa Law, London


FOR THE GLOBAL MARITIME COMMUNITY....
AN INVALUABLE WORK OF REFERENCE

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

For the legal practitioner, this book is a unique and invaluably time saving survey of the law affecting the shipmaster across a range of jurisdictions worldwide, all logically set out in one convenient volume.

Not only is this a unique source of reference for lawyers and the courts, as well as ship masters themselves, the insights it provides constitute an invaluable aid to decision making for ship managers and operators, not to mention risk managers.

But the book is aimed at a still wider readership, from port authorities, consuls and coastguards to brokers, bankers and booking clerks. At last, here is a volume that offers in-depth and quite astounding insights into the person and pivotal role of the shipmaster. Responsible for his ship 24 hours a day the Shipmaster holds the responsibility for transporting its cargo across oceans.

The book starts by attempting to establish a commonly recognized definition of 'shipmaster', described in general terms as 'a qualified seafarer in charge of a ship'. In English usage, the term 'Captain' is the title which refers to most masters. Mere definitions, however, cannot begin to describe adequately the complexities of the shipmaster's role.

In the newly emerging world of global business the modern shipmaster must deal with, assimilate, act upon and make judgments upon vast loads of information pertaining to commercial and maritime practices; from cargo, engineering and salvage, to medical and employment issues, as well as weather and conditions in ports. This book will assist the shipmaster -- and those with whom he works -- to understand his place in law in whatever jurisdiction he finds himself anywhere in the world.

Just one look at the table of contents of this remarkable volume reveals its impressive scope. Part III, for example, deals with 'The principal domestic laws governing the Shipmaster in the States of the United Nations and the International Maritime Organization' These number some 300 nations at least, from Afghanistan to Vanuatu and Zimbabwe -- all covered in this book, which excels in the depth and breadth of knowledge of its subject matter.

For example, check out the note on the Centennial of the Titanic which mentions that the swift reaction to the disaster of 1912 was the convention SOLAS which survives as 'one of the pillars of the law of the shipmaster'- note to editor: SOLAS, contrary to what the footnote says, is not listed in the Table of Acronyms -- a minor glitch in this otherwise exemplary book!

In addition to this and other fascinating historical insights and a survey of the international law affecting the shipmaster, the book contains the certification, nationality and taxation requirements for the master in 179 jurisdictions. It compares the law of agency for shipmasters and crews across jurisdictions and examines the duties of shipmaster, encompassing liabilities and penalties in all IMO member states.

The book's publication date is September 2009. No doubt it will be updated as the years pass. We believe it is destined to become a classic work in maritime and shipping law.

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