Commercial Maritime Law

✍ Scribed by Melis Özdel (editor)

• Publisher: Hart Publishing
• Year: 2020
• Tongue: English
• Leaves: 227
• Category: Library

✦ Synopsis

The title ‘Commercial Maritime Law’ is a misnomer. There is a patchwork of different commercial maritime laws around the world. However, the title is a true reflection of what many legal scholars and practitioners in the field have long desired: a common framework of commercial maritime law. This book unravels the complexities of bridging the gap between common law and civil law and will discuss whether the title will remain a misnomer despite the countless attempts at harmonisation. Internationally renowned legal scholars and practitioners discuss herein 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 embedded within commercial maritime law.

✦ Table of Contents

Foreword
Preface
Table of Contents
List of Contributors
Table of Cases
Table of Legislation
1. Cross-border Insolvency and Admiralty: A Middle Path
of Reciprocal Comity
I. Introduction
II. Three Permutations
III. Conclusion
2. Singapore: Common Law Relevance in a Civil Law Asia
I. Introduction
II. Asia in Perspective
III. Staying Relevant in Asia
IV. Instances of Convergence in Asia
V. Conclusion
3. The Common Law and Civil Law Traditions of Contract Interpretation in the Context of Maritime Law
I. Introduction
II. The Principles of the Common Law
III. The Civil Law Approach
IV. Conclusion
4. Actual Carriers in Civil Law – The German Example
I. Introduction
II. Factual Scenarios Involving Actual Carriers
III. German Law Prior to the Introduction of the Concept of Actual Carriers
IV. (Current) German Law on Actual Carriers
V. Conclusion: Special Aspects for Maritime Performing Carriers
5. Actual Carriers in Common Law
I. Introduction: The Meaning of 'Actual Carrier'
II. The Actual Carrier Problem at Common Law
III. Conclusion: How Things Stand
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?
I. Introduction
II. The Position of the Master
III. The Rule is Based on an International Legal Custom
IV. The International Custom According to Section 38 of the Statute of the International Court of Justice
V. The Legal Justification of the Legal Representation of the Master
VI. A Comparative Analysis
VII. The Common Law
VIII. The Action in Rem
IX. In Rem Action in the UK and the Most Recent Case Law
X. Conclusion
7. The Res Cogitans
I. Introduction
II. The Res Cogitans
III. Conclusion
8. Marine Insurance and the Duty of Disclosure: Common Law
and Civil Law Perspectives
I. Introduction
II. Common Origins: The Law Merchant
III. English Law
IV. Development in Common Law Countries
V. Civil Law Countries
VI. Conclusion: Common Themes
9. The Doctrine of Res Judicata in Commercial Maritime Arbitration
I. Introduction
II. The Rules of Preclusion in Common Law
III. Can an Enforcement Judgment have Any Preclusive Effect on the Enforcement of the Award in Another Jurisdiction?
IV. Conclusion
Index