Codification of Maritime Law: Challenges, Possibilities and Experience, 1st Edition (Hardback) book cover

Codification of Maritime Law

Challenges, Possibilities and Experience, 1st Edition

Edited by Zuzanna Pepłowska-Dąbrowska, Justyna Nawrot

Informa Law from Routledge

352 pages

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Hardback: 9780367343613
pub: 2019-12-10
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Description

This book is the first of its kind to explore the problems inherent in the unification of maritime law. Featuring contributions from leading experts at European maritime law research centres, it considers international conventions, current maritime practice, standard forms and recently adopted or drafted national codifications of maritime law from the codification point of view.

The book is divided into four parts which represent different views on the main topic. Part I gathers chapters dedicated to different aspects and methods of unification of maritime law on a global scale, as well as several specific issues of maritime law from the regulatory point of view. Part II of the book consists of those papers that centre around the issue of transport of goods. Part III is dedicated to codifications of carriage of passengers, cruise law and leisure navigation. Finally, Part IV addresses national codifications of maritime law.

Codification of Maritime Law: Challenges, Possibilities and Experience seeks to provide common ground for future unification of maritime law, which makes the book useful both for private and public maritime lawyers and states’ maritime administrations worldwide.

Table of Contents

Part I General Remarks 1.Codification: Problems of Differing Legal Cultures Professor Francis Reynolds 2.Codification and Unification of Maritime Law: Friends or Foes? Professor Eric Van Hooydonk 3. Unification of Maritime Law – A Failed Strategy? Professor Erik Røsæg 4. Codification by Treaty of Private Maritime Law from the Perspective of a Public International Lawyer Professor Andrew Serdy 5. Codification – Best Left to States or to Someone Else? Professor Andrew Tettenborn 6. Successes and Failures of Uniform Maritime Law Instruments: Is There Room for a New Approach? Professor Juan Pablo Rodriguez Delgado 7. The Gap Between EU And EEA Law: Opportunities and Threats of EEA Consolidation Milagros Varela Chouciño 8. The Maritime Labour Convention: A Code of Minimum Rights and Maximum Impact Dr Julia Chagas Llesa Part II Codification Issues in Transport of Goods by Sea 9.The Rotterdam Rules Codification and International Trade – Harmony or Discord Professor Rhidian Thomas10.Sea Transport Documents in Banks’ Hands - Bridging the UCP with Commercial Shipping LawDr Jingbo Zhang 11.The Challenges Of ICTs in the Shipping Sector Among International Uniform Law, Codification and Lex Mercatoria: The Electronic Bill Of Lading Dr Elena Orrù12.The Future of the Regulation of the Contract for the Multimodal Carriage of Goods in the Context of the Rotterdam Rules Dr Daniel Dąbrowski, Konrad Garnowski13.Regulation of the Multimodal Carrier’s Liability Regime with a Special Focus of Selected National Maritime and Transport Laws Patryk Ciok Part III Codification in the Area of Carriage of Passengers and Leisure Navigation 14.The Role of Sailing and Leisure Navigation in the Codification of Maritime Law (in the Framework of the Spanish Maritime Navigation Law of 2014) Professor Juan L. Pulido Begines15.Yacht Codes – A Solution to the Problem of Equivalent Safety Standards for Large Yachts Richard Coles16.Claims for Personal Injuries by Cruise Ship Passengers under International and EU Regimes Dr Olena Bokareva Part IV National Codifications of Maritime Law 17.Maritime Law Codification in Japan: Elements Considered and Those Not ConsideredProfessor Souichirou Kozuka18.Codification of Maritime Law: The Experience of Spain Professor José Manuel Martín Osante19.The Interrelations between Compulsory Insurance of Shipowners for Maritime Claims and the Shipowner’s Limitation of Liability: A Case of Lack of Coordination in Italy Among Disciplines of Different but Complementary SubjectsProf. Dr Massimiliano Musi20.Recent Maritime Law Codifications - Reasons and Scope. The Polish Perspective as Compared with Other Chosen Jurisdictions Dr Justyna Nawrot, Dr Zuzanna Pepłowska-Dąbrowska

About the Editors

Dr Justyna Nawrot is an Assistant Professor at the University of Gdansk, where she teaches maritime law. In 2015, she was nominated as a member of the Polish Codification Commission for Maritime Law. She is a Vice President of the Polish Maritime Law Association, Vice Editor of ‘Prawo morskie’, scientific journal edited by the Polish Academy of Sciences and acts as an arbitrator in maritime disputes. Dr Nawrot has been also member of the Maritime Law Commission’s board under the auspices of Polish Academy of Sciences.

Dr Zuzanna Peplowska-Dabrowska is an Assistant Professor at the Nicolaus Copernicus University in Torun. Since 2015, she has been a member of the Polish Codification Commission for Maritime Law. Dr Peplowska-Dabrowska is also Vice President of the Polish Maritime Law Association, a member of the Maritime Law Commission’s board of the Polish Academy of Sciences and an arbitrator in maritime disputes.

About the Series

Maritime and Transport Law Library

For academics and practitioners alike, our Maritime and Transport law library offers cutting edge research titles on the whole spectrum of transport law, including shipping, aviation, rail and road. Our authors come from the premier maritime institutions, law firms and chambers across the world and are among the leaders in their fields.

With key texts including the annual conference papers from the prestigious Institute of International Shipping and Trade Law, as well as authoritative and comprehensive texts such as David Glass’ Freight Forwarding and Multi-Modal Transport Contracts Aleka Mandaraka-Sheppard’s Modern Maritime Law.

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Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW051000
LAW / International
LAW052000
LAW / Jurisprudence
LAW066000
LAW / Maritime