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Codification of Maritime Law
Challenges, Possibilities and Experience




ISBN 9780367343613
Published January 9, 2020 by Informa Law from Routledge
296 Pages

 
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Book 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

Foreword

Professor Erik Røsæg

Preface

Notes on Contributors

Table of cases

Table of legislation

PART I GENERAL REMARKS

CHAPTER 1 CODIFICATION: PROBLEMS OF DIFFERING LEGAL CULTURES

Professor Francis Reynolds

CHAPTER 2 UNIFICATION AND CODIFICATION OF MARITIME LAW: FRIENDS OR FOES?

Professor Dr Eric Van Hooydonk

CHAPTER 3 UNIFICATION OF MARITIME LAW – A FAILED STRATEGY?

Professor Erik Røsæg

CHAPTER 4 CODIFICATION BY TREATY OF PRIVATE MARITIME LAW FROM THE PERSPECTIVE OF A PUBLIC INTERNATIONAL LAWYER

Professor Andrew Serdy

CHAPTER 5 CODIFICATION – BEST LEFT TO STATES OR TO SOMEONE ELSE?

Professor Andrew Tettenborn

CHAPTER 6 SUCCESSES AND FAILURES OF UNIFORM MARITIME LAW INSTRUMENTS: IS THERE ROOM FOR A NEW APPROACH?

Professor Juan Pablo Rodríguez Delgado

CHAPTER 7 THE GAP BETWEEN EU AND EEA LAW: OPPORTUNITIES AND THREATS OF EEA CONSOLIDATION

Milagros Varela Chouciño

CHAPTER 8 THE MARITIME LABOUR CONVENTION: A CODE OF MINIMUM RIGHTS AND MAXIMUM IMPACT

Dr Julia Constantino Chagas Lessa

PART II CODIFICATION ISSUES IN TRANSPORT OF GOODS BY SEA

CHAPTER 9 THE ROTTERDAM RULES AND INTERNATIONAL TRADE: ACCORD OR DISCORD?

Professor Rhidian Thomas

CHAPTER 10 SEA TRANSPORT DOCUMENTS IN BANKS’ HANDS – BRIDGING THE UCP WITH COMMERCIAL SHIPPING LAW

Dr Jingbo Zhang

CHAPTER 11 THE CHALLENGES OF ICTS IN THE SHIPPING SECTOR AMONG INTERNATIONAL UNIFORM LAW, CODIFICATION AND LEX MERCATORIA: THE ELECTRONIC BILL OF LADING

Dr Elena Orrù

CHAPTER 12 THE FUTURE OF THE REGULATION OF THE CONTRACT FOR THE MULTIMODAL CARRIAGE OF GOODS IN THE CONTEXT OF THE ROTTERDAM RULES

Dr Daniel Dąbrowski and Dr Konrad Garnowski

CHAPTER 13 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

CHAPTER 14 THE ROLE OF SAILING AND LEISURE NAVIGATION IN THE CODIFICATION PROCESS OF MARITIME LAW (IN THE FRAMEWORK OF THE SPANISH MARITIME NAVIGATION LAW OF 2014)

Professor Juan L. Pulido Begines

CHAPTER 15 YACHT CODES – A SOLUTION TO THE PROBLEM OF EQUIVALENT SAFETY STANDARDS FOR LARGE YACHTS

Richard Coles

CHAPTER 16 CLAIMS FOR PERSONAL INJURIES BY CRUISE SHIP PASSENGERS UNDER INTERNATIONAL AND EU REGIMES

Dr Olena Bokareva

PART IV NATIONAL CODIFICATIONS OF MARITIME LAW CHAPTER 17 MARITIME LAW CODIFICATION IN JAPAN: ELEMENTS CONSIDERED AND THOSE NOT CONSIDERED

Professor Souichirou Kozuka

CHAPTER 18 CODIFICATION OF MARITIME LAW: THE EXPERIENCE OF SPAIN

Professor José Manuel Martín Osante

CHAPTER 19 RECENT NATIONAL MARITIME LAW CODIFICATIONS – REASONS AND SCOPE: THE POLISH PERSPECTIVE AS COMPARED WITH OTHER SELECTED JURISDICTIONS

Dr Justyna Nawrot and Dr Zuzanna Pepłowska-Dąbrowska

Index

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Editor(s)

Biography

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 Pepłowska-Dąbrowska is an Assistant Professor at the Nicolaus Copernicus University in Toruń. Since 2015, she has been a member of the Polish Codification Commission for Maritime Law. Dr Pepłowska-Dąbrowska 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.