Despite quantum leaps in transportation technology in the twentieth century, laws regarding cargo found at sea have remained virtually unchanged since the seventeenth century. Flotsam (floating cargo from a shipwrecked vessel), jetsam (sunken cargo thrown overboard to lighten a distressed vessel), and lagan (discarded underwater cargo marked with a buoy for subsequent retrieval) all belong, according to maritime law, to the original owner no matter how long the cargo remain in the water. Discarded cargo of any type can be held for salvage; the owner may then claim it if they pay an equitable reward to the finder. If, after a reasonable time, the owners fail to appear, the salvager may claim the cargo as his or her own.
The advent of the airplane brought about a new legal dilemma: were salvage laws applicable to cargo retrieved from an airplane downed at sea? According to judicial decisions in the United States, such cargo is placed under appropriate maritime laws as long as it is found in navigable waters. But this should come as no surprise to students of American jurisprudence, since previous United States court rulings have absurdly applied salvage laws to money found on a body floating in a lake. No doubt future American judges will allow cargo salvaged in space to fall under these same laws.
The author mentions quantum leaps in transportation technology in order to
illustrate the contribution of modern technology to transportation
stress the disparity between existing maritime laws and modern circumstances
indicate the importance of technology in modern society
describe the contributions of seventeenth-century sailors to maritime law
present a viable alternative to obsolete salvage laws
The advent of the airplane brought about a new legal dilemma: were salvage laws applicable to cargo retrieved from an airplane downed at sea? According to judicial decisions in the United States, such cargo is placed under appropriate maritime laws as long as it is found in navigable waters. But this should come as no surprise to students of American jurisprudence, since previous United States court rulings have absurdly applied salvage laws to money found on a body floating in a lake. No doubt future American judges will allow cargo salvaged in space to fall under these same laws.
The author mentions quantum leaps in transportation technology in order to
illustrate the contribution of modern technology to transportation
stress the disparity between existing maritime laws and modern circumstances
indicate the importance of technology in modern society
describe the contributions of seventeenth-century sailors to maritime law
present a viable alternative to obsolete salvage laws
