Chapter 1 Reviewer Flashcards
Introduction to Maritime Law
Two distinct operational departments on a cruise ship
sailing operations and hotel operations
is responsible for both operational sectors
Ship captain
they assist the ship captain and assign and supervise the work of the personnel under them.
officers and managers
the primary duty of personnel in this operation is to take care of the needs and welfare of the passengers while they are on a cruise in a most entertaining manner and with generous kindness.
hotel operations
covers hotels, restaurants, resorts, and may include some activities of travel agencies and entertainment establishments.
hospitality
The operation of these hospitality facilities is subject to this law.
hospitality law
would base decision on their own interpretation of the law.
Non-lawyer hospitality managers
responsible for the day-to-day operation of a hospitality facility, they make decisions every day on problems affecting the business, some of which are of legal issues.
Managers
is often taken to mean the branch of jurisprudence governing ships and shipping as it affects the business of owning and managing ships, port operations, crew employment or other shipping activity.
Maritime Law
It comes from statutes passed by a legislative body of a State, international maritime conventions and customs as generally accepted practices or habits that are absorbed in the rules of law which the court adopted.
Maritime Law
legal regulations governing shipping and relevant activities, the use of the sea and exploitation of its resources, and the protection of the marine environment.
Maritime Law
is generally defined as a set of rules decreed by the government of a state in order that the relationship between the state and its members and the relationship among the members themselves are controlled in order that a peaceful order in the society is established.
law
rules and regulations that are ordered by a governing authority
laws
the internal legal rules of a particular State embodying laws primarily governing the relationship between individuals and government and relationship between or among individuals themselves.
‘national’ or ‘municipal’ or ‘domestic’ law
is concerned with the legal relationships between individuals or groups of individuals such as corporations, companies, etc., and its primary purpose is the protection of individual interests;
Private Law
concerns matters related to the distribution and exercise of power by public authorities and the legal relations between the State and the individuals.
Public Law
consists of rules governing the foreign affairs of the country. It is about the relationship between the state and of international organizations and dealings of the state with other countries.
International Law
consists of laws on international trade, boundary disputes and warfare methods. It is also concerned with the use of the seas in times of war and with the exploitation of the resources of the sea.
Public International Law
any international agreement relating to maritime matter, concluded between two or more States in written form and embodied in a single instrument or in two or more instruments, governed by international law.
maritime convention
Very important sources of maritime law
international maritime conventions
They call for conventions since the instruments adopted are generally intended for global application.
United Nations’ specialized agencies, International Maritime Organization (IMO) and the International Labor Organization (ILO)
the main asset of a shipping company
ship
a large vessel capable of transporting goods, people, livestock, and other items by sea (water).
ship
it is a vessel designed primarily for carriage of leisure passengers.
cruise ship