1st Edition
Codification of Maritime Law Challenges, Possibilities and Experience
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.
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 Dabrowski 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 Peplowska-Dabrowska
Index
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.
