maritime flavor

maritime flavor. The relation of a given case to shipping concerns. • This is a factor used in determining federal admiralty jurisdiction over a particular matter by analyzing whether the matter sufficiently relates to marine and shipping concerns and whether there is need for a federal response. [Cases: Admiralty 10(2), 17. C.J.S. Admiralty §§ 62–63.]

“There is perhaps no more elusive concept in the law of admiralty than ‘maritime flavor.’ … While ‘maritime flavor’ is incapable of precise definition, certain observations may be helpful. Generally, courts find ‘maritime flavor’ in those events and transactions which are major concerns of the shipping industry. This is tempered by the realization that exercise of federal control will not necessarily promote maritime shipping with the same vigor as control by a coastal or predominantly maritime state. Since federal law will not necessarily be more favorable, courts may find ‘maritime flavor’ only when there is a perceived need for a uniform national rule, which can only be provided by the federal sovereign.” Frank L. Maraist, Admiralty in a Nutshell 23 (2d ed. 1988).


专业法律词汇 词条贡献者
法律翻译Jessie,在一家亚洲一流律师事务所的北京办公室担任全职法律翻译,擅长翻译有关港口、铁路、公路与海运的法律文件。
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