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Commercial Maritime Law

Edited by: Melis Ozdel

ISBN13: 9781849466752
Published: April 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00



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The title EU Commercial Maritime Law is a misnomer. There is a patchwork of different commercial maritime laws not just in the EU but around the world. However, the title is a true reflection of what many European scholars and practitioners in the field have long desired: a common framework of commercial maritime law within the EU.

Over the last 100 years, the world has seen dozens of conventions and soft law instruments drafted under the auspices of international organisations aiming to achieve harmonisation, as far as possible, in the area of commercial maritime law. Some of these conventions have not stayed the course, while others have received wide acceptance within the EU and worldwide. This book unravels the complexities of bridging the gaps between common law and civil law in commercial maritime law and discusses whether "EU Commercial Maritime Law" will remain as a misnomer despite the countless attempts at harmonisation.

The book brings together internationally renowned scholars to discuss the areas in which the common law and civil law are divided; the impact of these differences on the drafting and ratification of international conventions; the search for a common framework and the procedural aspects of the common law and civil law divide in commercial maritime law.

Subjects:
Shipping, Transport and Maritime Law
Contents:
1. Cross-border Insolvency and Admiralty: A Middle Path of Reciprocal Comity
Professor Martin Davies
2. Singapore: Common Law Relevance in a Civil Law Asia
Lawrence Teh
3. The Common Law and Civil Law Traditions of Contract Interpretation in the Context of Maritime Law
Sir Bernard Rix
4. Actual Carriers in Civil Law – The German Example
Prof Dr Dieter Schwampe
5. Actual Carriers in Common Law
Professor Francis Reynolds
6. Suing the Master of a Vessel Qualitate Qua in Continental Law and the 'Action in Rem' at Common Law: Two Remedies Achieving the Same Result?
Professor Marc A Huybrechts
7. The Res Cogitans
Stephen Cogley QC
8. Marine Insurance and the Duty of Disclosure: Common Law and Civil Law Perspectives
Peter MacDonald Eggers QC
9. The Doctrine of Res Judicata in Commercial Maritime Arbitration
Dr Melis Özdel