Can PECL help with vexing issues of maritime law? Critical reflections from the example of the Rotterdam Rules
This paper studies the trajectory, background and objectives of PECL and identifies the link between contract law and maritime laws (namely carriage of goods by sea and international sale of goods).The author will present the intricacies of these laws, in an attempt to justify why, despite extensive...
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Book Section |
| Language: | English |
| Published: |
Intersentia
2015
|
| Subjects: | |
| Online Access: | https://repository.londonmet.ac.uk/5229/1/Dr%20I%20Magklasi%20%E2%80%98Can%20PECL%20help%20with%20vexing%20issues%20of%20maritime%20law%27.pdf |
| _version_ | 1824446417995825152 |
|---|---|
| author | Magklasi, Ioanna |
| author2 | Verheyen, Wouter |
| author_facet | Verheyen, Wouter Magklasi, Ioanna |
| author_sort | Magklasi, Ioanna |
| collection | LMU |
| description | This paper studies the trajectory, background and objectives of PECL and identifies the link between contract law and maritime laws (namely carriage of goods by sea and international sale of goods).The author will present the intricacies of these laws, in an attempt to justify why, despite extensive codification and standardisation, maritime law is still in need of legal certainty and occasionally of fairer application of the law to the disputes not only by national courts, but also in the wider European context. After determining the principles of PECL and maritime law, the author reflects upon the benefit that certain provisions of PECL could have on the better integration of the latest harmonising convention in the area of international carriage of goods by sea, namely of the Rotterdam Rules, by providing interpretational help to volume contracts with derogations in a way that promotes both PECL and maritime law’s objectives. |
| first_indexed | 2024-07-09T03:59:05Z |
| format | Book Section |
| id | oai:repository.londonmet.ac.uk:5229 |
| institution | London Metropolitan University |
| language | English |
| last_indexed | 2024-07-09T03:59:05Z |
| publishDate | 2015 |
| publisher | Intersentia |
| record_format | eprints |
| spelling | oai:repository.londonmet.ac.uk:52292020-08-07T10:26:08Z http://repository.londonmet.ac.uk/5229/ Can PECL help with vexing issues of maritime law? Critical reflections from the example of the Rotterdam Rules Magklasi, Ioanna 340 Law This paper studies the trajectory, background and objectives of PECL and identifies the link between contract law and maritime laws (namely carriage of goods by sea and international sale of goods).The author will present the intricacies of these laws, in an attempt to justify why, despite extensive codification and standardisation, maritime law is still in need of legal certainty and occasionally of fairer application of the law to the disputes not only by national courts, but also in the wider European context. After determining the principles of PECL and maritime law, the author reflects upon the benefit that certain provisions of PECL could have on the better integration of the latest harmonising convention in the area of international carriage of goods by sea, namely of the Rotterdam Rules, by providing interpretational help to volume contracts with derogations in a way that promotes both PECL and maritime law’s objectives. Intersentia Verheyen, Wouter Smeele, Frank Hoeks, Marian 2015-07-31 Book Section PeerReviewed text en https://repository.londonmet.ac.uk/5229/1/Dr%20I%20Magklasi%20%E2%80%98Can%20PECL%20help%20with%20vexing%20issues%20of%20maritime%20law%27.pdf Magklasi, Ioanna (2015) Can PECL help with vexing issues of maritime law? Critical reflections from the example of the Rotterdam Rules. In: Common core, PECL and DCFR: could they change shipping and transport law? Ius Commune Europaeum (136). Intersentia, pp. 27-40. ISBN 9781780683324 |
| spellingShingle | 340 Law Magklasi, Ioanna Can PECL help with vexing issues of maritime law? Critical reflections from the example of the Rotterdam Rules |
| title | Can PECL help with vexing issues of maritime law? Critical reflections from the example of the Rotterdam Rules |
| title_full | Can PECL help with vexing issues of maritime law? Critical reflections from the example of the Rotterdam Rules |
| title_fullStr | Can PECL help with vexing issues of maritime law? Critical reflections from the example of the Rotterdam Rules |
| title_full_unstemmed | Can PECL help with vexing issues of maritime law? Critical reflections from the example of the Rotterdam Rules |
| title_short | Can PECL help with vexing issues of maritime law? Critical reflections from the example of the Rotterdam Rules |
| title_sort | can pecl help with vexing issues of maritime law critical reflections from the example of the rotterdam rules |
| topic | 340 Law |
| url | https://repository.londonmet.ac.uk/5229/1/Dr%20I%20Magklasi%20%E2%80%98Can%20PECL%20help%20with%20vexing%20issues%20of%20maritime%20law%27.pdf |
| work_keys_str_mv | AT magklasiioanna canpeclhelpwithvexingissuesofmaritimelawcriticalreflectionsfromtheexampleoftherotterdamrules |