Commercial Maritime Law

Description

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. 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