York Antwerp Rules Definition
The York Antwerp Rules are a set of model internal maritime rules concerning the rights and obligations of vessel and cargo owners when cargo aboard a vessel must be jettisoned (thrown overboard). The rules were created by an international committee in 1864. The rules are now promulgated by the Comite Maritime International (CMI), which is a group made up of Maritime Law Associations across the world.
A Little More on What is the York Antwerp Rules
Shippers and common carriers routinely integrate these rules into their contracts (shipping agreements, bills of lading, affreightment contracts, and insurance policies).
The York Antwerp rules generally come into play when there is a situation at sea where the vessel could be lost. The following conditions must generally be met:
- There is an imminent danger to the ship (hull damage, weather, etc.);
- A portion of the ship’s cargo must be jettisoned to save the ship or the remainder of the cargo (there must be no time to arbitrage); and
- The attempt to avoid disaster must be successful (the ship survives).
If the vessel acts under these conditions, all stakeholders (cargo owners and vessel owners) must share proportionally in the losses. The owners of the jettisoned goods receive compensation from the other stakeholders. Each party’s portion of responsibility is generally a percentage of the value of goods being shipped or resultant profits.
The York Antwerp rules embody a concept known as “General Average”.
References for York Antwerp Rules
Academic Research on York Antwerp Rules
- · General Average and the York–Antwerp Rules, Felde, L. S. (1952). Tul. L. Rev., 27, 406. This research analysis explains the York-Antwerp rule as well as the general average rule.
- · The York–Antwerp Rules: Background to the Changes of 1994, Hudson, N. G. (1996). J. Mar. L. & Com., 27, 469. According to this paper, the York-Antwerp rule which serves as a yardstick to measuring the extent of the changes observed in 1994. These analyses explained the rate at which the rule was used to bring about changes in the economy in that year (1994).
- · York-Antwerp Rules 1950, Yancey, B. W. (1951). Loy. L. Rev., 6, 121. This paper focuses on the York-Antwerp rule in 1950. It explains how the York-Antwerp rule can be adopted into the economy when it comes to cargo and shipping of economic goods.
- · The road to Vancouver-the development of the York–Antwerp Rules, Cornah, R. (2004). JOURNAL OF INTERNATIONAL MARITIME LAW, 10, 155-166. This paper defines General Average as a concept that is unique to maritime transport and takes its origin from the earliest days of sea-borne trade in the Mediterranean area. In the 18th century, there was a disagreement between the European/US law and the English practice in the application of this principle birth the inconvenience to the commercial interest ranging from 1860 till when the concerted international effort towards greater culminating and uniformity in the York-Antwerp rule of 1860 became operative by inserting it into the contract.
- · Some important points of view on York–Antwerp Rules [J], Gao-jian, P. E. N. G. (2007). Annual of China Maritime Law, 2007-00. This research lists and explains the various points of view to be considered when explaining dialoguing on the York-Antwerp Rules.
- · Interpreting the Rule of Interpretation in the York–Antwerp Rules, Fernandez, C. J., & Fernandez, A. W. (1999). J. Mar. L. & Com., 30, 413. This research paper explains how a government/firm can explain and interpret the rule of interpretation as regards the York-Antwerp rules.
- · General Average-The Progress of The IUMI Proposals for the Reform of the York–Antwerp Rules, Browne, B. According to the existing analyses by various scholars, this research work explains the General Average and the progress of the IUMI proposals as regards the reform of the York-Antwerp rules.
- · Analysis of York–Antwerp Rules 2004 [J], Ruo-hong, C. H. E. N. (2005). Journal of Shanxi University (Philosophy and Social Sciences), 3. This paper gave detailed explanations of the analysis of the York-Antwerp rules. The hypothesis test carried out by several economists and other important factors to note when explaining the York-Antwerp rules.
- · The York–Antwerp Rules, 1890, Raikes, F. W. (1890). Law Mag. & L. Rev. 5th ser., 16, 286. This research work explains the York-Antwerp rule postulated in the year 1890 and how it helped the economy as at then. The pros and cons, as well as further academic research, carried out in the year 1890 as regards the York-Antwerp rule.
- · American Maritime Interests and the York–Antwerp Rules, Kuhn, A. K. (1926). American Journal of International Law, 20(2), 339-340. This research work explains the relationship between the American Maritime interests and the York-Antwerp rule and the method in which both factors adopts in the shipping sector of the economy.
- · The York–Antwerp Rules 140 years on, Kaminski, Z. (2006). Prawo Morskie, (22), 167-181. This paper basically explains the York-Antwerp rules after 140 years of being successful in government and the various developments that have been achieved from the adoption of the York-Antwerp rule.
- · Report of the York–Antwerp Rules, 1924, Kuhn, A. K. (1926). Proceedings of the American Branch of the International Law Association, 31. This research paper explains the report of the 1924 economy after the adoption of the York-Antwerp rule. It explains the methods in which the York-Antwerp rule took in the 1924 economy.