Can PECL help with vexing issues of maritime law? Critical reflections from the example of the Rotterdam Rules

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

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Abstract / 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.

Item Type: Book Section
Uncontrolled Keywords: Rotterdam Rules; international trade law; international sale contracts; Principles of European Contract Law (PECL)
Subjects: 300 Social sciences > 340 Law
Department: Guildhall School of Business and Law
Depositing User: Ioanna Magklasi
Date Deposited: 07 Aug 2020 10:26
Last Modified: 07 Aug 2020 10:26
URI: http://repository.londonmet.ac.uk/id/eprint/5229

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