What is Flotsam and Jetsam in Shipping?
When dealing with specialized areas such as navigation, shipping, and maritime law, it is best to use appropriate terms and names. This eliminates any confusion and avoids accidental misunderstandings.
A simple example is the direction of the two halves of a ship. If the deck observer tells the captain to turn right, it is up to the captain to give the instructions.
Turning in the wrong direction simply because the direction was not specified can lead to problems. On the other hand, it is always best to use the terms “port” and “starboard,” as these terms refer to the ship’s position and not the observer’s direction.
What does it mean literally?
Some nautical terms are often misunderstood and misquoted. In this regard, the two most common terms, “flotsam and jetsam,” can be considered complete misnomers.
According to most people’s perception, these things are nothing more than unwanted waste floating in the ocean. But these two elements are essential elements of salvage law.
In this article, we will discuss the origins of these terms and their unique role in maritime law. Rest assured, you will not abuse these terms again!
Classification of Maritime Terms
The terms “Flotsam and Jetsam” are commonly used in maritime law to refer to objects associated with a shipwreck or salvage operation at sea.
People mistakenly assume that they refer to garbage and debris found on the surface. However, their use is more subtle and can have profound meanings to a trained mariner.
For example, an abandoned box found at sea could be garbage discarded into the sea, or it could be a necessary item lost at sea.
Depending on whether it came from a ship and how and why it landed on the surface, it can be called “flotsam and jetsam”. Using the blanket term “floating wreckage” to refer to all objects floating on the surface without considering their meaning often confuses legal proceedings.
While both “flotsam and jetsam” are classified as words referring to “shipwrecks”, their actual interpretations vary greatly.
The difference is huge when these items are salvaged and sold for financial purposes under the terms and conditions set by maritime law.
Shipwreck
The word “shipwreck” is derived from the French word “floter”, which means to float. The term includes objects that float on the water after a ship has been destroyed in a storm or other accident.
Shipwrecks are only considered accidental disposals, where the crew did not intentionally throw any objects overboard. The original owner has a clear title to these items under the provisions of maritime law.
However, recent maritime rulings have shown that if the shipowner is unwilling to return the goods, he has the right to claim them. Similarly, if the owner dies and the items have no value to his legal heirs, the person who found them also has the right to claim them.
For example, if a container ship is caught in a storm and sinks or loses part of its cargo, it is referred to as a “shipwreck.” In these cases, the owner of the items in the container can claim them, or if they have lost value due to the accident, they can be disposed of.
In extreme cases, the government may request or demand the return of floating objects. This usually occurs when the pieces have historical value and are on display in a museum or gallery.
For warship wrecks or other confidential items, the government reserves the right to return the wreck without a time limit. Even if the ruling party or king changes, it remains the property of the state government and can be claimed at any time.
The International Maritime Organization stipulates that warships and submarines are the exclusive property of the operating country. Even if it sinks, no other country can save it, despite its good intentions.
In this case, the host country must collect and claim the floating garbage. If the ship cannot respond quickly or the location of the wreck cannot be determined, there is a high probability that other countries will attempt to salvage the ship for theft, information gathering, or intelligence gathering purposes.
Jetsam
On the contrary, the word “Jetsam” refers to all items deliberately thrown away by the crew in any type of emergency or disaster, or to lighten the ship’s load. The word “Jetsam” is derived from the abbreviation of the word “jettison”, which means to launch or throw something.
Although the word “flotsam” is supposed to refer to a “floating” object, the same is true for “Justam”. In order to be legally claimed, the wreck must be floating during the salvage process.
Now, let’s talk about why someone would intentionally throw something overboard. The most common reason is to lighten the load of a sinking ship.
Due to leaks, cracks in the hull, or other structural issues, cargo holds can quickly flood. If the flooding is not stopped and the load is lightened, there is a good chance that the ship will sink quickly.
Assuming the flooding has stopped, the next step is to reduce the ship’s weight. This balances the weight-to-buoyancy ratio, ensuring that the ship remains afloat.
Immersion and required thrust weight studies are a primer for naval architects and marine engineers. Unless the prescribed weight limits are reduced, the ship will continue to sink.
Full calculations of the sinking and stability of a damaged ship are made and recorded in the Balance and Stability Booklet. The Master and Chief Engineer can then remove cargo, such as containers, ballast, or bulk cargo, to maintain the ship’s stability.
Another reason for throwing floating objects overboard is the potential threat of pirates. When ship operators know they are in imminent danger from hostile forces, they abandon cargo for two reasons.
First, to create a physical barrier between approaching ships and the ship itself. Since the cargo surrounds the ship, it is nearly impossible for other ships to board the ship. Another reason is to quickly remove valuables from the ship to prevent pirates from boarding.
Accordingly, the Maritime Code provides that all found marine objects are owned by the finder, who may receive the proceeds of the sale of the object.
However, the original owner may also claim and recover the objects if they have a legitimate claim that complies with all IMO and regional laws. The specific terms of ownership depend on the flag flown by the vessel, the region where the marine object is located, and the value of the cargo being transported.
Valuable objects may also be returned to the original owner for a reward or fee, a process known as “third-party salvage”. Shipwrecks – the deliberate discharge of cargo to avoid a ship running aground in a storm.
Importance of shipwrecks and maritime rescue
When sailing, ships are exposed to the elements. Charterers, cargo carriers, and traders involved in this process typically purchase insurance for both the cargo and the vessel to cover any accidents or disasters that may occur during transit. However, to obtain this insurance, you must ensure two basic things:
1. Any maritime casualty or wreck is not caused solely for the purpose of collecting insurance money.
2. Ownership of the goods must be proven beyond a reasonable doubt.
While extensive investigations are ongoing to identify collusion and vandalism, which are punishable crimes, ownership remains a legal grey area.
The finder may claim the lost property, while the owner may also wish to claim it. In this case, the precise term “Flotsam Jetsam” plays an important role in resolving disputes and ambiguities. If a ship is lost at sea due to a storm or other unavoidable circumstances, the shipowner retains all priority claims.
On the other hand, if it was deliberately abandoned (even if it was necessary to do so for the safety of the crew), the finder has a priority claim.
However, depending on the circumstances and the shipowner’s claims, they may also be able to claim ownership of the floating wreck legally. In the next section, we will discuss ways to legally claim the cargo even if it has been disposed of from the ship. It is worth noting that the laws themselves may vary from country to country.
Pros and Cons of Flotsam Jetsam
Positives
Not all Flotsam Jetsam has negative effects. Valuable materials can be used in construction. Researchers use Flotsam Jetsam to study and analyze ocean currents and patterns. The Pacific Garbage Patch is a clear example.
Most shipwrecks still have value, both for their contents and their historical value. For example, the wreck of the Titanic, which sank over a century ago, remains a source of tremendous value.
Artifacts and other artifacts excavated by explorers or found by independent explorers are often sold at auctions and fetch high prices.
Disadvantages
Flotsam Jetsam damages the marine ecosystem. Plastic is an example of Flotsam and Jetsam that is responsible for many marine disturbances.
To prevent this, specific regional maritime laws require shipowners or charterers to ensure a reasonable degree of salvage and recovery. By holding each party responsible for eliminating any potential harm they have unintentionally caused, negative environmental impacts can be prevented.
Given that people often discuss the fragility of the marine environment, individuals worldwide need to recognize the distinction between the two and their significance in the current state of the ocean. The terms “floating wreck” and “airship” have been used as nautical terms since the 17th century.
Other commonly confused terms related to Flotsam Jetsam:
In addition to these two terms, there is another area known as “Ligan” or “Lagan” that is governed by maritime salvage regulations.
The term “Lagan” refers to the ownership of a vessel located in the ocean, marked with a floating tag that clearly indicates and states the ownership.
This method is used to determine ownership when cargo or other items are removed from a ship. As mentioned above, Flotsam Jetsam legally belongs to the person who finds it. To prevent this from happening to valuable cargo, ship operators create a continuous chain of cargo that is then attached to a floating marker.
These markers, such as buoys or other identifiable signs, must be floating to be considered oil spill markers and must display sufficient details about the oil spill, including the date, time, location, and the owner’s name. In this case, the finder is legally obligated to return the wreck to its owner. While the tag must float, the merchandise can be submerged in any case.
The nautical terms “Flotsam Jetsam” and “drifter” have been in use since the 17th century. In addition to these two terms, there is another area called “Ligan” or “Lagan” that is governed by the law of salvage at sea. The term “laggan” refers to the ownership of a vessel located deep in the ocean, which is hoisted with a floating flag indicating and clarifying ownership.
In addition to “leggan”, there are also things called “debris” that are abandoned. There are also shipwrecks deep in the sea, but there is no possibility of salvaging them.
Given the frequent claims about the fragility of the marine environment, people worldwide need to understand the distinction between these two aspects and their significance to the current state of the ocean.
They are voluntarily abandoned for various reasons and, unlike the other terms mentioned above, they are almost impossible to recover. This may be due to the location or due to severe deterioration caused by age and the erosive effects of water.
These assets are divided into two major legal categories:
- Unrecoverable (cannot be restored) and,
- There is no obligation to return them to their own.