ABSTRACT

The ship, although originally thought of, planned and built for transport, has since developed into something designed and manufactured to serve countless diverse – not always very commendable – interests and objectives. Clearly, if in any individual conflict a clear and unambiguous definition for a ship exists in the applicable domestic legislation or in an international convention, as the case may be, such definition shall be taken into regard. Therefore, it is submitted that ability to navigate and capacity to carry are the two essential defining features of ships; consequently, to be a ship an object in question must be able to navigate through the sea and have the capacity to carry passengers and/or goods over the sea. The carrier undertakes to transport the cargo delivered by the shipper (or charterer, as the case may be) from the port of loading to the port of discharge pursuant to a contract of carriage.