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47 J. Mar. L. & Com. 479 (2016)
Is It a Vessel, a Ship or a Boat, Is It Just a Craft, or Is It Merely a Contrivance

handle is hein.journals/jmlc47 and id is 493 raw text is: 



Journal of Maritime Law & Commerce, Vol. 47, No. 4, October, 2016

  Is It a  Vessel, a Ship or a Boat, Is It Just

  a   Craft,   Or   Is It Merely a Contrivance?



                     Gotthard Mark Gauci*

                               I
                      INTRODUCTION

   Over  the centuries, legislators have struggled to define the
terms 'ship' and 'vessel,' and such definitions have been further
beset  by  interpretational problems. The  emergence   of  new
commercial   craft, including autonomous  vessels and  floating
storage regasification units, as well  as the  development   of
innovative 'contrivances' such as amphibious  cars, amphibious
planes, submersible  aircraft, autonomous underwater  vehicles,
and  inflatable banana rafts,' has plagued maritime  law. This
problem  must be seen in the context of an admiralty law system
which  for a substantial period of time was  in the midst of  a
struggle taking place between the Courts of Common Law  and the
Court  of Admiralty.2  Furthermore,  in those  instances where
statutory definitions are provided,  different laws  frequently
provide  definitions which are, in varying  degrees, differently
worded.
   The least problematic definition of 'vessel' is probably the one
contained in arguably the most important regulatory legislation in
maritime  law, i.e. the International Regulations for Preventing
Collisions at Sea, 1972, otherwise known   as COLREGS, Rule


    *Gotthard Mark Gauci LLD (Malta), LLM (Southampton), PhD (Wales),
Lecturer, Plymouth University, UK; Adjunct Professor, World Maritime University,
Sweden. (gotthard.gauci@plymouth.ac.uk)
    'See McEwan v. Bingham [2000] CLY 49.
    2Roscoe E. S., A TREATISE OF THE JURISDICTION AND PRACTICE OF THE
ADMIRALTY DIVISION OF THE HIGH COURT OF JUSTICE, 1 (2d Edition, Stevens and
Sons, London, 1882).


479

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