The Concept Of Collective Ownership In Ship

The Concept of Collective Ownership in Ship is proposed as a viable policy instrument for managing and responding to the multifaceted problems that confront maritime transportation in general and shipping in particular. The concept of collective ownership lays the justification for making the safety and security of shipping a priority in national, regional and global policy space. Elements of the concept can be found in historical and contemporary shipping practices including bottomry, general average, salvage and limitation of liability. It is noted that a fundamental challenge in the maritime industry is how to maintain a delicate balance between the need to safeguard private rights (exclusive interest) and the requirement to adopt policies and laws that are crucial for safety and security of shipping. What the concept of collective ownership does is to navigate the complexity and provide a logical basis for accommodating exclusive rights within the larger inclusive interest of society. In so doing the concept guarantees the protection of both exclusive and inclusive interests in maritime trade whilst ensuring that the productive elements and benefits of shipping are maximised.

Autorentext

Kamal-Deen Ali is the Director Legal, Ghana Navy. He holds a Master of Law degree from the International Maritime Law Institute, Malta and Master of Arts and Bachelor of Law degrees from the University of Ghana. He has vast academic and research expertise in Law of Sea, Ocean Governance, Maritime Policy and Maritime Security.