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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.
1. Cross-border Insolvency and Admiralty: A Middle Path of Reciprocal Comity Professor Martin Davies2. Singapore: Common Law Relevance in a Civil Law Asia Lawrence Teh3. The Common Law and Civil Law Traditions of Contract Interpretation in the Context of Maritime Law Sir Bernard Rix4. Actual Carriers in Civil Law – The German Example Prof Dr Dieter Schwampe5. Actual Carriers in Common Law Professor Francis Reynolds6. 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 Huybrechts7. The Res Cogitans Stephen Cogley QC8. Marine Insurance and the Duty of Disclosure: Common Law and Civil Law Perspectives Peter MacDonald Eggers QC9. The Doctrine of Res Judicata in Commercial Maritime Arbitration Dr Melis Özdel