York Antwerp Rules: Overview
The York Antwerp Rules are an established set of maritime regulations that govern how losses are apportioned when cargo is sacrificed (jettisoned) to save a ship and the remaining cargo. Originating in 1890 and amended several times since, they codify the ancient maritime principle known as the law of general average.
Core concepts
- General average: When a deliberate sacrifice or expenditure is made for the common safety of the ship and cargo, all parties in the maritime venture (shipowner and cargo owners) share the resulting loss proportionately.
- Particular average: Losses borne by an individual cargo owner, not shared by others.
- Salvage average: Costs related to salvage operations and payments to rescuers.
How the rules apply
The York Antwerp Rules set three conditions that must all be met for general average to apply:
1. Danger to the ship must be imminent.
2. There must be a voluntary jettison or deliberate sacrifice of cargo or property to save the whole.
3. The attempt to avoid the danger must be successful.
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If these conditions are satisfied, the financial burden of the sacrificed property is distributed among the shipowner and the owners of all remaining cargo in proportion to the value of their saved interests.
When jettisoning is used
Jettisoning cargo is a last-resort emergency measure used to stabilize a vessel or prevent a greater loss (for example, following hull damage or severe weather). Because the crew must act quickly, it is often impossible to identify whose cargo is thrown overboard. The York Antwerp Rules provide the legal and financial framework to compensate those who lose cargo in such situations.
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Where the rules appear
The rules are commonly incorporated into:
* Bills of lading
* Contracts of affreightment
* Marine insurance policies
Including the rules in these documents establishes expectations and procedures for allocating losses if general average is declared.
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Key takeaways
- The York Antwerp Rules formalize how losses from deliberate sacrifices at sea are shared.
- All three specified conditions (imminent danger, voluntary sacrifice, and successful avoidance of danger) must be met for general average to apply.
- The rules ensure proportional contribution by shipowners and cargo owners and are frequently referenced in shipping contracts and insurance.