A Comparative Study of the Rotterdam Rules and the Chinese Maritime Law

2019 ◽  
Vol 21 (1) ◽  
pp. 167-190
Author(s):  
Cheon Ju ◽  
Sung-Ho Park
Author(s):  
Albrecht Cordes

AbstractConflicts of interests in maritime law in the 13th century: A comparison. Almost simultaneously, at the end of the 13th century, maritime laws were written down all around Europe. This coincidence invites to a synchronic comparative study. The paper compares three different matters on varying abstraction levels: jettison, mariner’s labour law, and situations of common decision building before and during the voyage. The outcome, as in any comparison, are differences and similarities – differences in the degree of the lord’s (king’s, duke’s) influence, but also, e.g., due to the presence of a ship notary on Mediterranean ships. More importantly, the maritime laws less influenced from above abound with casuistic details, apparently products of negotiation processes between the involved parties, including seamen who appear as an influential and self-confident group. Despite the climatic differences between Norway and the Mediterranean, the challenges posed by the characteristics of seafaring in general resemble one another a lot. The solutions however differ greatly and bristle with creative variety. The maritime law of the 13th century looks a lot like a giant experimental lab. Tendencies towards a stronger unification and implementation of certain solutions only belong to the following century.


2020 ◽  
Vol 34 (3) ◽  
pp. 290-311
Author(s):  
Eman Naboush

Abstract The carriage of goods by sea plays a vital role in the United Arab Emirates (UAE) economy as its several seaports are strategically located at the crossroads of the Middle East/southwest Asian region. Therefore, knowledge of the legal rules governing the carriage of goods by sea, as they are applied in the UAE, is important. This study focuses particularly on those rules relating to the carrier’s liability for delay in the delivery of goods by sea to their port of destination. Since in most cases of delay no physical loss of goods incurs, economic loss is a prominent aspect of delay cases. This study analyses the provisions of delay in the UAE and compares those with the pertinent international conventions on the carriage of goods by sea. The aim is to examine the extent to which provisions of UAE commercial maritime laws align with the international conventions regarding delay of cargo delivery.


2020 ◽  
pp. 1-22
Author(s):  
Eman Naboush

AbstractThe carriage of goods by sea plays a vital role in the United Arab Emirates (UAE) economy as its several seaports are strategically located at the crossroads of the Middle East/southwest Asian region. Therefore, knowledge of the legal rules governing the carriage of goods by sea, as they are applied in the UAE, is important. This study focuses particularly on those rules relating to the carrier’s liability for delay in the delivery of goods by sea to their port of destination. Since in most cases of delay no physical loss of goods incurs, economic loss is a prominent aspect of delay cases. This study analyses the provisions of delay in the UAE and compares those with the pertinent international conventions on the carriage of goods by sea. The aim is to examine the extent to which provisions of UAE commercial maritime laws align with the international conventions regarding delay of cargo delivery.


2017 ◽  
Vol 1 (19) ◽  
pp. 45
Author(s):  
Abraham Alejandro Servín Caamaño

Maritime liens, without a doubt, are a unique and hugely important feature of maritime law. Broadly speaking, they represent a claim on or special right to a vessel. However, there is no uniformity when it comes to studying this unique feature. It is from the Anglo-Saxon jurisdictions that we get the majority of our information about its nature and associated problems. In this article, the law on maritime liens is examined through a comparative study of several Anglo-Saxon jurisdictions and Mexican law. Also under investigation are the problems that arise when a national court is faced with a maritime lien created under foreign law, and when that maritime lien differs from those liens established under the law that governs the domestic court.


2020 ◽  
Author(s):  
Bruno Oliveira Ferreira de Souza ◽  
Éve‐Marie Frigon ◽  
Robert Tremblay‐Laliberté ◽  
Christian Casanova ◽  
Denis Boire

2001 ◽  
Vol 268 (6) ◽  
pp. 1739-1748
Author(s):  
Aitor Hierro ◽  
Jesus M. Arizmendi ◽  
Javier De Las Rivas ◽  
M. Angeles Urbaneja ◽  
Adelina Prado ◽  
...  

Sign in / Sign up

Export Citation Format

Share Document