ABSTRACT

This chapter examines the development and refinement of the basic principles of general average that have taken place in the nineteenth and twentieth centuries, through the adoption of the York-Antwerp Rules, resulted from the influence of commercial interests, rather than the dictate of governments. Beginning with the Ordonnance de la Mer of 1681, the majority of European countries proceeded to publish codes of maritime law which incorporated provisions as to general average. In general, the laws of most European countries favour the admission in general average of expenses at a port of refuge which have as their object the continuation of the voyage in good safety. Anglo-Saxon jurisprudence, on the other hand, looks to the attainment of safety as the object of a general average act, so that once the common adventure is in a position of safety, no further allowance can be made in general average.