gCaptain.com

The Guardian tells us:

A Chinese cargo ship believed to be carrying 77 tonnes of small arms, including more than 3m rounds of ammunition, AK47 assault rifles, mortars and rocket-propelled grenades, has docked in the South African port of Durban for transportation of the weapons to Zimbabwe, the South African government confirmed yesterday. It claimed it was powerless to intervene as long as the ship’s papers were in order.

Copies of the documentation for the Chinese ship, the An Yue Jiang, show that the weapons were sent from Beijing to the ministry of defence in Harare. Headed “Dangerous goods description and container packing certificate”, the document was issued on April 1, three days after Zimbabwe’s election. It lists the consignment as including 3.5m rounds of ammunition for AK47 assault rifles and for small arms, 1,500 40mm rockets, 2,500 mortar shells of 60mm and 81mm calibre, as well as 93 cases of mortar tubes.

The carrier is listed as the Cosco shipping company in China.

The structure of shipping companies is a complicated one. Each vessel must be registered (flagged), insured, classed, managed and crewed. For reasons of liability, tax avoidance, media relations and general profit motives ship owners will often use purpose build corporations with storefronts located in the countries offering the best terms or amicable laws. The end result is purpose built complexity. This is the reason why the Cosco is not liable for the clean-up of oil spilt by the Cosco Busan and will likely deny ties to the shipment of these arms. To find the truth would require a large scale investigation well beyond the scope of this blog, or even a well funded news group.

The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency.In the exigencies of hazards faced at sea, crewmembers often have precious little time in which to determine precisely whose cargo they are jettisoning. Thus, to avoid quarrelling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo was on board would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril.

Source: Wikipedia

Do you or you’re firm disagree with Wikipedia’s suggestion? Consider sponsoring an Admiralty Law tidbit and we’ll publish your answer next week with a link to you’re site.

Our favorite new industry blog MarineBuzz.com brings us news of a new way to avoid the courts and reduce Maritime Lawyer’s fees. They tell us:

Good news for the Shipping companies in the USA.Settlement of marine disputes through courts is a cumbersome process. THE MARITIME ARBITRATION ASSOCIATION OF THE UNITED STATES (MAA) is the national organization of the maritime community for alternative dispute resolution. Alternative dispute resolution (ADR), including arbitration and mediation, is faster and less expensive than courtroom litigation.

1.The Maritime Arbitration Association of the United States (MAA):

• As a nonprofit organization, the MAA educates the maritime community about ADR and administers cases under its Rules. Maritime disputes require specialized legal expertise. The MAA is the only national ADR organization whose arbitrators and mediators are maritime lawyers. They are peer-reviewed for the highest standards of ethics, impartiality and competence. To ensure predictability and fairness, cases are handled in appropriate U.S. venues, rather than distant cities or foreign countries.
• The MAA helps achieve the fair and just resolution of maritime disputes, whether they are related to cargo, marinas, passengers, shipyards, or vessels.

To continues reading their article CLICK HERE then head over to the homepage for other great stories: MarineBuzz.com