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International Law of the Shipmaster

CHAPTER 9

THE POWERS, DUTIES AND RIGHTS OF THE SHIPMASTER

THE POWERS, DUTIES AND RIGHTS OF THE SHIPMASTER

“The strongest is never strong enough to always be master, unless he transforms his strength into right, and obedience into duty.” Jean Jacques Rousseau (1712-1778), The Social Contract [1762] 1 ch. 3.

§ 9.0 Powers and Rights. The master faces various demands upon him in any voyage. Some occur more often than others. This chapter deals with the affairs which occur less frequently than others. Because of the extraordinary implications of unusual events to all parties of a maritime venture, the master is given extraordinary powers to deal with them. We shall discuss the master’s duties and powers having to do with the ship and those in it and, briefly, other ships. These include financial duties and powers as well as duties to the ship itself and to those in it and around it. We discuss cargo duties and powers in Ch. 11, The Master’s Role in Cargo. The master also has rights which are as important as the duties, because unless his rights are enforced he cannot perform his principal duty - the safe operation of the vessel and the protection of its contents - at complete efficiency.

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