Unification and codification of maritime law. Friends or foes?
Van Hooydonk, E. (2019). Unification and codification of maritime law. Friends or foes?, in: Peplowska-Dabrowska, Z. et al. Codification of Maritime Law. pp. 10-16
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| Abstract |
This paper discusses the achievements and pitfalls of unification and codification of maritime law and their interaction. Today the unification of maritime law, which was launched as a business-orientated but also quite idealistic Belle Epoque project, has become difficult. Not only does unification suffer from inherent procedural complications, but unity is under a serious additional threat from the unguided missile of national re-codification projects, which often seem to lack an internationalist perspective. Against this background, four targeted policy measures are suggested: (1) restore the idealism of unification through awareness-building among proponents of national legislative projects; (2) revive comparative law research to support drafters; (3) issue CMI Guidance on national codifications; and (4) continued compilation of the Lex Maritima, which is still an ongoing project. |
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