Commercial Maritime Law

Author: Melis Ozdel
Publisher: Hart Publishing
ISBN: 9781849466752
Published In: April 2020
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Dr. Melis Ozdel (Director, UCL Centre for Commercial Law): Res Judicata in Maritime Arbitration
Peter MacDonald Eggers QC, (7 King's Bench Walk): Insurance and Disclosure: Common Law and Civil Law Perspectives
Mr Lawrence Teh (senior partner, Dentons & Rodyk Davidson LLP, Singapore): Common law relevance in a civil law Asia
Stephen Cogley QC, (XXIV Old Buildings): The Res Cogitans
Emeritus Professor Marc Huybrechts (University of Antwerp): The common law “action in rem” and the suit against the master “qualitate qua” in continental law: Are these two ways of proceedings really “twin brothers”
Professor Martin Davies (Tulane University, Tulane Maritime Law Centre, USA): Parallel proceedings for limitation of liability and insolvency: Issues and a few possible solutions
Emeritus Professor Francis Reynolds (Oxford University): Actual carriers at common law
Professor Dr Dieter Schwampe (Partner at Dabelstein & Passehl Rechtsanwalte, Germany): Actual carriers at civil law
Sir Bernard Rix (20 Essex Street): The common law and civil law traditions of contract interpretation in the context of maritime law