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Flotsam, jetsam, lagan and derelict

January 04, 2023

For other uses of "Flotsam and Jetsam", see Flotsam and Jetsam (disambiguation).

In maritime law, flotsam, jetsam, lagan, and derelict are specific kinds of shipwreck. The words have specific nautical meanings, with legal consequences in the law of admiralty and marine salvage.[1] A shipwreck is defined as the remains of a ship that has been wrecked—a destroyed ship at sea, whether it has sunk or is floating on the surface of the water.[2]

Flotsam on a beach at Terschelling, Wadden Sea

Overview

A wreck is categorized as property belonging to no apparent owner that either sinks to the seabed or floats on the surface of the water, whether it be intentionally cast overboard or as the result of an accident. The term encompasses the hull of the vessel and its fixtures as well as any other form of object on board, such as cargo and stores, and personal effects of the crew and passengers.[3] This also encompasses the narrower definition of salvage, that is, property that has been recovered from a wreckage, or the recovery of the ship itself.

There are a number of factors that contribute to the formation of a shipwreck, which can be divided into physical and cultural processes. A site can be affected by physical processes, that is, naturally occurring processes, such as the corrosion caused by salinity and ocean currents, or the growth of native and foreign marine organisms. It can also be affected by cultural processes, that is, by human interactions, such as adding or removing materials from the site of the wreck. Any archaeological activity, such as excavation, may also be considered invasive and tampering.[4]

In maritime law, different meanings are attributed to the terms, based on jurisdiction as well as context. For example, a distinction is made between goods that wash ashore and those that are for some reason not salvageable and/or lost at sea.

Law of salvage

Ownership of a wreck is a highly controversial issue, as there are no clear lines within which it is defined. It may be acquired through various means that range from succession to confiscation. There is also a distinction to be made between the ownership of the hull itself and the cargo it contains, as the hull may be abandoned intentionally, whereas the cargo may be out of necessity (in the case of an emergency or the need to shed weight from the vessel). In these parameters, abandonment of the ship by its passengers constitutes a loss of possession, but to abandon the claim on the title itself, intention to relinquish it is required. This affects wrecks by limiting that which is considered "abandoned". Generally, a ship is defined as "abandoned" if there is no hope of recovery, known legally as sine spe recuperandi (which is the Latin phrase for "without hope of recovery"), and this fact must be clearly proven by the salvaging party. It must also occur on navigable waters.

The term "salvage" is used to indicate a salvage operation, as well as the subsequent awarded compensation. It is considered a voluntary service rendered in cases such as danger to the wreck, or the surrounding navigable waters. In terms of compensation, it is seen as being awarded to anyone who voluntarily assisted in the recuperation of the wreck, whether it be saved from upcoming danger, or from loss.

The law of salvage has its origins in the Roman practice of negotiorum gestio, which dictated that one who preserved or improved upon the property of another was owed compensation from the owner, even if the service was not requested by the latter. The law did not apply to maritime regulations, but were the basis for following ordinances, such as the Marine Ordinance of Trani, which stated that a "finder" was to be rewarded, whether the owner claimed the goods or not. The laws have evolved since negotiorum gestio, and today, in the United States, a salvor who voluntarily brings the goods back into port may legally lay claim to them, or deliver them to a marshal, in return for a reward.[5]

Flotsam

 
Look up flotsam in Wiktionary, the free dictionary.
"Flotsam" redirects here. For other uses, see Flotsam (disambiguation).

Flotsam /ˈflɒtsəm/ (also known as "flotsan") refers to goods from a sunken vessel that have floated to the surface of the sea, or any floating cargo that is cast overboard.[5]

In maritime law, flotsam pertains to goods that are floating on the surface of the water as the result of a wreck or accident. One who discovers flotsam is allowed to claim it unless someone else establishes their ownership of it.[6] Even when the source is known, items may be considered flotsam claimable by the finder. This occurred with up to 110 cargo containers lost by MSC Zoe in heavy seas in January 2019 off the German shore of Borkum; the lost goods found on the Dutch coast were considered flotsam.[7]

Jetsam

 
Look up jetsam in Wiktionary, the free dictionary.
"Jetsam" redirects here. For other uses, see Jetsam (disambiguation).

Jetsam /ˈdʒɛtsəm/ designates any cargo that is intentionally discarded from a ship or wreckage. Legally jetsam also floats, although floating is not part of the etymological meaning.[8] Generally, "jettisoning" connotes the action of throwing goods overboard to lighten the load of the ship if it is in danger of sinking.[5]

Per maritime law, one who discovers these artifacts is not required to return them to their rightful owner except in the case where the latter makes a legally abiding claim.[6]

However, according to the U.S. National Oceanic and Atmospheric Administration "flotsam may be claimed by the original owner, whereas jetsam may be claimed as property of whoever discovers it".[9]

Lagan

 
Look up lagan in Wiktionary, the free dictionary.
 
A buoy is sufficient to retain claim to an attached artifact

Lagan /ˈlæɡən/ (also called "ligan") are goods cast overboard and heavy enough to sink to the ocean floor, but linked to a floating marker, such as a buoy or cork, so that they can be found again by the person who marked the item. Lagan can also be large objects trapped within the sinking vessel.[5]

According to maritime law, a buoy or other floating object constitutes sufficient grounds for laying claim to an artifact. Lagan must be returned to the rightful owner.[6]

Derelict

Derelict can refer to goods that have sunk to the ocean floor, relinquished willingly or forcefully by its owner, and thus abandoned, but which no one has any hope of reclaiming.

In terms of maritime law, derelict is considered property abandoned on navigable waters which has no hope of being recovered, or sine spe recuperandi, and no expectation of it being returned to its owner, or sine animo revertendi.[5]

See also

References

  1. ^ "8 Amusing Stories Behind Common Expressions | Reader's Digest". Rd.com. 2011-11-13. Retrieved 2011-12-18.
  2. ^ Cambridge English Dictionary. "Shipwreck definition.": http://dictionary.cambridge.org/us/dictionary/english/shipwreck
  3. ^ Dromgoole, S (1999). "A note on the meaning of 'wreck'". The International Journal of Nautical Archaeology. 28 (4): 319–322. doi:10.1016/S1057-2414(99)80024-7.
  4. ^ Matthew E. Keith, Society for Historical Archaeology. "Site formation processes of submerged shipwrecks." University Press of Florida (2016)[page needed]
  5. ^ a b c d e Norris, Martin J. "The Law of Salvage". Baker, Voorhis (1958)
  6. ^ a b c Columbia Electronic Encyclopedia, 6th Edition. "Flotsam, jetsam, and ligan". (2016) https://www.infoplease.com/encyclopedia/social-science/law/international/flotsam-jetsam-and-ligan
  7. ^ n/a, n/a (2018-01-03). "Flat-screen TVs, Car Parts Wash Ashore As Cargo Ship Containers Break Dutch media reported that local treasure hunters had found an array of items from containers whose contents had spilled, including light bulbs, car parts, Ikea furniture, clothing and toys". NDTV/Reuters. Retrieved 2019-01-03.
  8. ^ . Oxford Living Dictionaries. Archived from the original on October 23, 2017.
  9. ^ National Oceanic and Atmospheric Administration web page What are Flotsam and Jetsam

January 04, 2023
flotsam, jetsam, lagan, derelict, other, uses, flotsam, jetsam, flotsam, jetsam, disambiguation, maritime, flotsam, jetsam, lagan, derelict, specific, kinds, shipwreck, words, have, specific, nautical, meanings, with, legal, consequences, admiralty, marine, sa. For other uses of Flotsam and Jetsam see Flotsam and Jetsam disambiguation In maritime law flotsam jetsam lagan and derelict are specific kinds of shipwreck The words have specific nautical meanings with legal consequences in the law of admiralty and marine salvage 1 A shipwreck is defined as the remains of a ship that has been wrecked a destroyed ship at sea whether it has sunk or is floating on the surface of the water 2 Flotsam on a beach at Terschelling Wadden Sea Contents 1 Overview 2 Law of salvage 3 Flotsam 4 Jetsam 5 Lagan 6 Derelict 7 See also 8 ReferencesOverview EditA wreck is categorized as property belonging to no apparent owner that either sinks to the seabed or floats on the surface of the water whether it be intentionally cast overboard or as the result of an accident The term encompasses the hull of the vessel and its fixtures as well as any other form of object on board such as cargo and stores and personal effects of the crew and passengers 3 This also encompasses the narrower definition of salvage that is property that has been recovered from a wreckage or the recovery of the ship itself There are a number of factors that contribute to the formation of a shipwreck which can be divided into physical and cultural processes A site can be affected by physical processes that is naturally occurring processes such as the corrosion caused by salinity and ocean currents or the growth of native and foreign marine organisms It can also be affected by cultural processes that is by human interactions such as adding or removing materials from the site of the wreck Any archaeological activity such as excavation may also be considered invasive and tampering 4 In maritime law different meanings are attributed to the terms based on jurisdiction as well as context For example a distinction is made between goods that wash ashore and those that are for some reason not salvageable and or lost at sea Law of salvage EditOwnership of a wreck is a highly controversial issue as there are no clear lines within which it is defined It may be acquired through various means that range from succession to confiscation There is also a distinction to be made between the ownership of the hull itself and the cargo it contains as the hull may be abandoned intentionally whereas the cargo may be out of necessity in the case of an emergency or the need to shed weight from the vessel In these parameters abandonment of the ship by its passengers constitutes a loss of possession but to abandon the claim on the title itself intention to relinquish it is required This affects wrecks by limiting that which is considered abandoned Generally a ship is defined as abandoned if there is no hope of recovery known legally as sine spe recuperandi which is the Latin phrase for without hope of recovery and this fact must be clearly proven by the salvaging party It must also occur on navigable waters The term salvage is used to indicate a salvage operation as well as the subsequent awarded compensation It is considered a voluntary service rendered in cases such as danger to the wreck or the surrounding navigable waters In terms of compensation it is seen as being awarded to anyone who voluntarily assisted in the recuperation of the wreck whether it be saved from upcoming danger or from loss The law of salvage has its origins in the Roman practice of negotiorum gestio which dictated that one who preserved or improved upon the property of another was owed compensation from the owner even if the service was not requested by the latter The law did not apply to maritime regulations but were the basis for following ordinances such as the Marine Ordinance of Trani which stated that a finder was to be rewarded whether the owner claimed the goods or not The laws have evolved since negotiorum gestio and today in the United States a salvor who voluntarily brings the goods back into port may legally lay claim to them or deliver them to a marshal in return for a reward 5 Flotsam Edit Look up flotsam in Wiktionary the free dictionary Flotsam redirects here For other uses see Flotsam disambiguation Flotsam ˈ f l ɒ t s e m also known as flotsan refers to goods from a sunken vessel that have floated to the surface of the sea or any floating cargo that is cast overboard 5 In maritime law flotsam pertains to goods that are floating on the surface of the water as the result of a wreck or accident One who discovers flotsam is allowed to claim it unless someone else establishes their ownership of it 6 Even when the source is known items may be considered flotsam claimable by the finder This occurred with up to 110 cargo containers lost by MSC Zoe in heavy seas in January 2019 off the German shore of Borkum the lost goods found on the Dutch coast were considered flotsam 7 Jetsam Edit Look up jetsam in Wiktionary the free dictionary Jetsam redirects here For other uses see Jetsam disambiguation Jetsam ˈ dʒ ɛ t s e m designates any cargo that is intentionally discarded from a ship or wreckage Legally jetsam also floats although floating is not part of the etymological meaning 8 Generally jettisoning connotes the action of throwing goods overboard to lighten the load of the ship if it is in danger of sinking 5 Per maritime law one who discovers these artifacts is not required to return them to their rightful owner except in the case where the latter makes a legally abiding claim 6 However according to the U S National Oceanic and Atmospheric Administration flotsam may be claimed by the original owner whereas jetsam may be claimed as property of whoever discovers it 9 Lagan Edit Look up lagan in Wiktionary the free dictionary A buoy is sufficient to retain claim to an attached artifact Lagan ˈ l ae ɡ e n also called ligan are goods cast overboard and heavy enough to sink to the ocean floor but linked to a floating marker such as a buoy or cork so that they can be found again by the person who marked the item Lagan can also be large objects trapped within the sinking vessel 5 According to maritime law a buoy or other floating object constitutes sufficient grounds for laying claim to an artifact Lagan must be returned to the rightful owner 6 Derelict EditDerelict can refer to goods that have sunk to the ocean floor relinquished willingly or forcefully by its owner and thus abandoned but which no one has any hope of reclaiming In terms of maritime law derelict is considered property abandoned on navigable waters which has no hope of being recovered or sine spe recuperandi and no expectation of it being returned to its owner or sine animo revertendi 5 See also EditCurtis Ebbesmeyer Driftwood Ghost ship Great Pacific garbage patch Marine debris Receiver of Wreck Ship graveyard Treasure trove the legal ramifications of the notion include the distinction between deliberate and accidental lossReferences Edit 8 Amusing Stories Behind Common Expressions Reader s Digest Rd com 2011 11 13 Retrieved 2011 12 18 Cambridge English Dictionary Shipwreck definition http dictionary cambridge org us dictionary english shipwreck Dromgoole S 1999 A note on the meaning of wreck The International Journal of Nautical Archaeology 28 4 319 322 doi 10 1016 S1057 2414 99 80024 7 Matthew E Keith Society for Historical Archaeology Site formation processes of submerged shipwrecks University Press of Florida 2016 page needed a b c d e Norris Martin J The Law of Salvage Baker Voorhis 1958 a b c Columbia Electronic Encyclopedia 6th Edition Flotsam jetsam and ligan 2016 https www infoplease com encyclopedia social science law international flotsam jetsam and ligan n a n a 2018 01 03 Flat screen TVs Car Parts Wash Ashore As Cargo Ship Containers Break Dutch media reported that local treasure hunters had found an array of items from containers whose contents had spilled including light bulbs car parts Ikea furniture clothing and toys NDTV Reuters Retrieved 2019 01 03 jetsam Oxford Living Dictionaries Archived from the original on October 23 2017 National Oceanic and Atmospheric Administration web page What are Flotsam and Jetsam Retrieved from https en wikipedia org w index php title Flotsam jetsam lagan and derelict amp oldid 1110572201, wikipedia, wiki, book, books, library,

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