Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - “THE LAW OF TUG, TOW AND PILOTAGE” (SECOND EDITION)
By Alex L. Parks
Published by E. & F. N. Spon Ltd. (1982, cxxvi and 1208 pp., plus 20 pp. index) Casebound. No Price Stated
This book is not what one might initially suppose it to be from its title and place of authorship. Even most mercantile lawyers might be forgiven for supposing it to be a small volume about the American legal position on a fairly narrow area of maritime law. But the book—now in a more ambitious, second edition—is very different.
It is written from an American point of view. But its lengthy list of cited cases embraces decisions from American, United Kingdom, Australian, Canadian and New Zealand courts, and the author has been assisted by lawyers from the five jurisdictions. So the subject-matter is dealt with in its proper international and comparative context—which it will therefore assist in developing—and the book has much enhanced, practical utility.
A considerable difficulty confronting any author writing on one or more particular topics in commercial law is the extent to which he strikes a balance between, first, concentrating on his chosen topics and, secondly, expounding on related topics which cannot properly be ignored if the body of the work is to be properly clothed. By not adopting a restrictive approach, the author has gone a considerable way towards providing a work of reference for maritime law problems generally. Although included for their manifest relevance to tug, tow and pilotage, the chapters dealing with collisions, limitation of liability, marine insurance, charter-parties and salvage provide extensive coverage of each subject in its own right.
Paradoxically, however, the book’s stronger points have produced its weaker ones. Successive paragraphs frequently narrate the facts and decisions of case after case, together with other source material. This furthers the book’s usefulness for reference, but weakens attempts to present a coherent description of the relevant law, unhindered by the sheer volume of material. The work was originally conceived to appeal not only to lawyers but to others involved in shipping practice. Its simplicity of presentation is therefore to be welcomed—but perhaps these other readers would benefit most from a clearer division between a straightforward description of the law and of the detailed sources which produce it. The author’s approach conforms with the popular method of many writers on specific “practical” subjects, concentrating
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