Research Handbook on Maritime Law and Regulation


Research Handbook on Maritime Law and Regulation

9781786438782 Edward Elgar Publishing
Edited by Jason Chuah, Professor of Law, University of Malaya, Malaysia and City, University of London, UK
Publication Date: 2019 ISBN: 978 1 78643 878 2 Extent: 448 pp
There have been important developments in commercial practice, technology, shipping infrastructure and sustainability policies in recent times. This Research Handbook examines the major themes surrounding the thinking and studies of maritime law and practice. The stellar panel of contributors take a diverse range of approaches to identify any emerging theoretical and conceptual perspectives in law on what is essentially a fast paced sector of the global economy.

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The organisation and design of maritime regulation is a critical question for the many trade oriented economies. The Research Handbook on Maritime Law and Regulation addresses the key concepts and issues facing the regulation of maritime affairs, questioning the legal structures through an analysis of current legal and regulatory frameworks.

These unique contributions interrogate the current system of maritime law and regulation, challenging its traditional perceptions as being either convention law based or national law oriented. The contributors cover a range of crucial demands for maritime law and regulation, from shipping contracts to maritime conventions and linkages, embracing an integrated approach to maritime law. Emphasising the link between theory, practice and policy, this Research Handbook focuses on real world developments and their impact on law and regulation.

Comprehensive and enlightening, this Research Handbook is vital reading for researchers and students of maritime law and regulation, providing fascinating insight into the minutiae of its structure and design. Policy makers working in the maritime industry will benefit from the broad and integrated approach to legal frameworks. Legal practitioners, scholars and judicial figures will also enjoy this Research Handbook’s comprehensive engagement with contemporary legal developments in maritime law.
Contributors: Y. Baatz, S. Baughen, A. Chircop, J. Chuah, E. Eftestøl-Wilhelmsson, M. Goldby, J. Hjalmarsson, S. Lamont-Black, C. Legros, A. Lista, P.K. Mukherjee, S. Sankari, M. Spanjaart, P. Todd, W. Verheyen, L. Zhao




Part I
1. Improving International Uniform Transport Law by Creating Interpretative Committees
Cécile Legros

2. What is a unimodal carriage contract? The mode of transport as legal concept
Wouter Verheyen

3. The Carriage of Goods Convention
Michiel Spanjaart

4. Towards Transparency and Predictability in Freight Forwarding – the Case for a Model Law
Simone Lamont-Black

Part II
5. The Quest for Universality and Uniformity: Theory and Practice of International Maritime Regulation
Aldo Chircop

6. Sailing round the CLC. Environmental damage in EU maritime waters.
Simon Baughen

7. Nudging a Behavioural Change in Maritime Carriage of Goods – The Role of Information
Ellen Eftestøl-Wilhelmsson and Suvi Sankari

Part III
8. Classification of contractual terms and termination clauses in English law
Liang Zhao

9. Contracts: time and voyage charterparties and their hybrid forms
Johanna Hjalmarsson

10. The impact of new commercial practices on liner contracts of carriage: new wine in old skins?
Miriam Goldby

11. Knocking on heavens doors: in search for a legal definition of the Bill of Lading as Document of Title
Andrea Lista

12. Renegotiating Shipping Contracts in Turbulent Economic Times
Jason Chuah

Part IV
13. Maritime Conflict of Laws: Zonal and Jurisdictional Issues in Perspective
Proshanto K. Mukherjee

14. Choice of Jurisdiction in Bills of Lading and Cargo Insurance
Yvonne Baatz

15. Arbitration, privity of contract and carriage of goods by sea
Paul Todd


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