declare general average

简明释义

宣布共同海损

英英释义

To officially announce a general average, which is a principle in maritime law where all parties involved in a sea voyage share the losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole.

正式宣布一般平均损失,这是海事法中的一个原则,在海上航行中,所有参与方共同承担因自愿牺牲部分船只或货物以拯救整体而造成的损失。

例句

1.After the fire on board, the crew decided to declare general average to protect the interests of all parties involved.

在船上发生火灾后,船员决定声明共同海损以保护所有相关方的利益。

2.The port authority advised the ship's owner to declare general average due to the extensive damage caused during unloading.

港口管理局建议船东因卸货过程中造成的广泛损坏而声明共同海损

3.The shipping company had to declare general average after the vessel encountered a storm, leading to cargo damage.

在船只遭遇风暴导致货物受损后,航运公司不得不声明共同海损

4.Before the cargo can be released, the insurer required the captain to declare general average formally.

在货物被释放之前,保险公司要求船长正式声明共同海损

5.In maritime law, it is essential to declare general average when sacrifices are made to save the ship.

在海事法中,当为了拯救船只而作出牺牲时,必须声明共同海损

作文

In maritime law, the term declare general average refers to a principle that allows for the equitable distribution of losses incurred during a sea voyage. When a ship encounters an emergency situation, such as a severe storm or a fire onboard, the captain may decide to sacrifice certain cargo to save the vessel and the remaining cargo. This act of sacrifice is not taken lightly, as it involves significant financial loss to some parties involved. However, it is deemed necessary for the greater good of preserving the ship and its crew. When such sacrifices are made, the shipowner can declare general average, which means that all parties with an interest in the cargo must contribute to the losses according to their respective shares of the total value of the cargo and the vessel.The concept of general average has its roots in ancient maritime practices, where the safety of the ship was prioritized over individual cargo interests. This principle ensures that no single party bears the entire burden of loss, promoting fairness and cooperation among all stakeholders involved in the shipping process. For example, if a ship carrying various goods encounters a storm and the captain decides to jettison some cargo to prevent capsizing, the owners of the jettisoned cargo will be compensated by the other cargo owners and the shipowner based on the value of their goods.Declaring general average is a formal process that requires documentation and assessment of the losses incurred. A general average adjuster, who is a professional experienced in maritime law, is typically appointed to evaluate the situation and determine the contributions owed by each party. This process can be complex and time-consuming, as it involves meticulous calculations and negotiations among the affected parties.It is important for shipowners and cargo owners to understand the implications of declare general average. In many cases, insurance policies may cover general average contributions, but this is not always guaranteed. Therefore, it is crucial for all parties involved to have adequate insurance coverage and to be aware of their rights and obligations under maritime law.Furthermore, the process of declaring general average can have significant financial implications for businesses involved in international trade. Companies must factor in potential losses and liabilities when engaging in shipping activities. A well-drafted contract of carriage can help mitigate risks associated with general average claims by clearly outlining the responsibilities and liabilities of each party.In conclusion, the principle of declare general average serves a vital role in maritime law by promoting fairness and cooperation among parties involved in shipping. It ensures that losses incurred during emergencies are shared equitably, protecting the interests of all stakeholders. Understanding this principle is essential for anyone involved in maritime trade, as it can significantly impact financial outcomes and business operations. By being informed about general average and its implications, shipowners and cargo owners can better navigate the complexities of maritime law and protect their interests effectively.

在海事法中,术语declare general average指的是一种原则,允许在海上航行期间对遭受的损失进行公平分配。当一艘船遇到紧急情况,例如严重的风暴或船上火灾时,船长可能决定牺牲某些货物以拯救船只和剩余的货物。这种牺牲的行为并非轻而易举,因为它涉及到某些相关方的重大经济损失。然而,这被认为是为了保护船只和船员的更大利益而采取的必要措施。当这样的牺牲发生时,船东可以declare general average,这意味着所有对货物有利益关系的各方必须根据他们各自的货物和船舶总价值的份额来承担损失。一般平均责任的概念源于古代海事实践,在这种实践中,船只的安全优先于单独货物的利益。这个原则确保没有一方承受全部损失的负担,促进了所有参与航运过程的利益相关者之间的公平与合作。例如,如果一艘船载着各种货物遇到风暴,船长决定抛弃一些货物以防止翻船,那么被抛弃货物的所有者将根据其货物的价值由其他货物的所有者和船东进行赔偿。声明general average是一个正式的过程,需要文档和损失评估。一般平均调整员,通常是一位在海事法方面经验丰富的专业人士,通常会被任命来评估情况,并确定每方应承担的贡献。这个过程可能复杂且耗时,因为涉及到细致的计算和受影响方之间的谈判。对于船东和货物拥有者来说,理解declare general average的含义非常重要。在许多情况下,保险政策可能覆盖一般平均责任的贡献,但这并不总是保证的。因此,所有相关方都必须拥有足够的保险覆盖,并了解自己在海事法下的权利和义务。此外,声明general average的过程可能对参与国际贸易的企业产生重大财务影响。公司在进行航运活动时必须考虑潜在的损失和责任。精心起草的运输合同可以通过清晰地列出各方的责任和义务来帮助减轻与一般平均责任索赔相关的风险。总之,declare general average原则在海事法中发挥着至关重要的作用,通过促进参与航运的各方之间的公平与合作,确保在紧急情况下遭受的损失得到公平分配,保护所有利益相关者的利益。理解这一原则对于任何参与海事贸易的人来说都是至关重要的,因为它可能对财务结果和商业运营产生重大影响。通过了解一般平均责任及其影响,船东和货物拥有者可以更有效地应对海事法的复杂性,保护自己的利益。