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:

1. Cross-border Insolvency and Admiralty: A Middle Path of Reciprocal Comity

Professor Martin Davies

2. Singapore: Common Law Relevance in a Civil Law Asia

Lawrence Teh

3. The Common Law and Civil Law Traditions of Contract Interpretation in the Context of Maritime Law

Sir Bernard Rix

4. Actual Carriers in Civil Law – The German Example

Prof Dr Dieter Schwampe

5. Actual Carriers in Common Law

Professor Francis Reynolds

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?

Professor Marc A Huybrechts

7. The Res Cogitans

Stephen Cogley QC

8. Marine Insurance and the Duty of Disclosure: Common Law and Civil Law Perspectives

Peter MacDonald Eggers QC

9. The Doctrine of Res Judicata in Commercial Maritime Arbitration

Dr Melis Özdel