For example, at first glance, the term “abandonment” gives a preliminary impression
that it is an action by the true owner with regard to a certain property. A mortgagor,
tax assessor or a proprietor would perceive the term as an action by the owner to
relinquish all property rights. A human rights lawyer would view “abandonment” in
terms of child abandonment that occurs when a guardian or anyone in charge deserts
a child without any regard for the child’s safety and security.
98 If the term “abandonment” is placed within the maritime sphere, it will have different connotations. A
marine insurer will define “abandonment” in connection with a notice of abandonment that generally refers to a formal notice of relinquishment by the insured ship
owner to the insurer. On the other hand, an officer of regulatory affairs engaged in
maritime operations will define abandonment with reference to the provisions
stipulated in the regulatory law developed and implemented by the respective
agency. In other words, the officer of regulatory affairs will point to “vessel
abandonment”, which at first sight gives the idea that the subject of abandonment
is a floating, adrift, submerged or partially submerged object with no owner or title.
“Vessel” when conjoined with “abandonment” shifts focus from laws associated
with land and proprietary rights and obligations—to rights, obligations and responsibilities, which are governed by maritime law. Even though the regulatory law of a
State regulates or makes an effort to regulate vessel abandonment and problems
associated therewith, it is observed that the inherent principles of the doctrine of
abandonment are still germane to the understanding of “vessel abandonment”.
Because similar to a property on land, a vessel that is relinquished, given up or
renounced by the owner—floats in a legal vacuum, it is not a subject of private
dispute or a dispute that needs to be settled in court; rather it falls within the area that
concerns management of abandoned vessels. As discussed earlier, from the minute
actual possession has been renounced until the time it remains unattended,
unnoticed, and reclaimed, recovered or retrieved—the vessel is deprived of a legal
identity i.e., title or ownership. The absence of a legal identity makes the legal
vacuum more transparent. Because the law has its limits and can only prescribe the
effects of ownership and the “how” and “when” a forgotten or lost property could be
possessed by an intermeddler or finder. Moreover, during the time a property is
ownerless, the law can only designate the property as ownerless until someone takes
possession of it. In the maritime field, it is generally observed that ownership and
title coupled with rights and obligations tend to provide a vessel with a form of legal
identity simply because it is owned by someone. Similar to a land property that is
deemed abandoned, an abandoned vessel will embody generic traits of res nullius or
res derelicta whereby a natural person via occupatio and possession both actual and
constructive can once again revive the legal identity of the vessel.
In regulatory law, the general rule is that a federal officer has a right to retrieve the
vessel and act as a temporary custodian if it endangers maritime safety and security
or poses an environmental hazard in coastal areas. As a temporary custodian, the
officer is still under an obligation to find the true owner and the true owner needs to
98 Berk (1999), pp. 1–10.
362
T. M. Johansson
that it is an action by the true owner with regard to a certain property. A mortgagor,
tax assessor or a proprietor would perceive the term as an action by the owner to
relinquish all property rights. A human rights lawyer would view “abandonment” in
terms of child abandonment that occurs when a guardian or anyone in charge deserts
a child without any regard for the child’s safety and security.
98 If the term “abandonment” is placed within the maritime sphere, it will have different connotations. A
marine insurer will define “abandonment” in connection with a notice of abandonment that generally refers to a formal notice of relinquishment by the insured ship
owner to the insurer. On the other hand, an officer of regulatory affairs engaged in
maritime operations will define abandonment with reference to the provisions
stipulated in the regulatory law developed and implemented by the respective
agency. In other words, the officer of regulatory affairs will point to “vessel
abandonment”, which at first sight gives the idea that the subject of abandonment
is a floating, adrift, submerged or partially submerged object with no owner or title.
“Vessel” when conjoined with “abandonment” shifts focus from laws associated
with land and proprietary rights and obligations—to rights, obligations and responsibilities, which are governed by maritime law. Even though the regulatory law of a
State regulates or makes an effort to regulate vessel abandonment and problems
associated therewith, it is observed that the inherent principles of the doctrine of
abandonment are still germane to the understanding of “vessel abandonment”.
Because similar to a property on land, a vessel that is relinquished, given up or
renounced by the owner—floats in a legal vacuum, it is not a subject of private
dispute or a dispute that needs to be settled in court; rather it falls within the area that
concerns management of abandoned vessels. As discussed earlier, from the minute
actual possession has been renounced until the time it remains unattended,
unnoticed, and reclaimed, recovered or retrieved—the vessel is deprived of a legal
identity i.e., title or ownership. The absence of a legal identity makes the legal
vacuum more transparent. Because the law has its limits and can only prescribe the
effects of ownership and the “how” and “when” a forgotten or lost property could be
possessed by an intermeddler or finder. Moreover, during the time a property is
ownerless, the law can only designate the property as ownerless until someone takes
possession of it. In the maritime field, it is generally observed that ownership and
title coupled with rights and obligations tend to provide a vessel with a form of legal
identity simply because it is owned by someone. Similar to a land property that is
deemed abandoned, an abandoned vessel will embody generic traits of res nullius or
res derelicta whereby a natural person via occupatio and possession both actual and
constructive can once again revive the legal identity of the vessel.
In regulatory law, the general rule is that a federal officer has a right to retrieve the
vessel and act as a temporary custodian if it endangers maritime safety and security
or poses an environmental hazard in coastal areas. As a temporary custodian, the
officer is still under an obligation to find the true owner and the true owner needs to
98 Berk (1999), pp. 1–10.
362
T. M. Johansson