The Captain’s Judgment

On a German merchant ship, the law gives one person the last word. The Maritime Labor Act, das Seearbeitsgesetz, states: Der Kapitän ist der Vorgesetzte aller Besatzungsmitglieder. The captain is the superior of all crew members. He holds the highest power to give orders to the crew and to everyone else on board. The same section protects his judgment against the company that owns the ship. Er darf vom Reeder nicht daran gehindert werden, alle Entscheidungen zu treffen, die nach dem fachlichen Ermessen des Kapitäns für die Sicherheit des Schiffes […] erforderlich sind. The shipowner may not stop him from making any decision that the safety of the ship, its voyage or the people on board requires in his professional judgment. If he cannot use his powers himself, he may hand them to the chief mate or the chief engineer, each within his own department. Every use of these powers must be reported to the captain within 24 hours. The captain must enter the transfer, and any use of force or arrest, in the ship’s log without delay.

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