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Conventions and unification of law
Topic “Conventions and unification of law” in the Maritime Law journal: 30 publications from 20 issues, newest first.
Found: 30 · newest first
Numerous studies have been devoted to the issue of the application of international treaties, particularly conventions, by Russian commercial courts. However, these studies primarily address situations where a foreign element is present in the dispute. No scholarly works analysing the use of international treaties in maritime disputes in the absence of a foreign element have been identified. In light of the above, this article will attempt to present such an analysis.
Sanctions have radically reshaped the landscape of marine insurance, creating new challenges for international arbitration: the nature of disputes and associated risk allocation is evolving, contractual clauses are being reconfigured, and claims to handling mechanisms are being recalibrated. This article examines conflict-of-laws issues “law, jurisdiction, and public policy” and contemporary dispute-resolution practice, including the enforceability of arbitration clauses and the recognition and enforcement of arbitral awards under the 1958 New York Convention. Emphasis is given to the London market. Through selected examples, the article demonstrates how sanctions and compliance requirements transform the allocation of risks between insureds and insurers, including P&I Clubs.
The essay is devoted to analysis of rules applicable to shipbuilding contracts. It examines legal solutions based on the contractual typology of the shipbuilding contract under English and Russian law, and it also provides an analysis of certain aspects of international shipbuilding standard contracts from the standpoint of Russian law. The study emphasises the importance of comparative analysis in shaping legal standards in the field of international shipbuilding.
The transport practice group of Denuo joined RUMLA in the summer of 2025. Partner Anna Otkina and Counsel Anna Antonova are now among the members. In an exclusive interview, they shared the story of how they came into the field of maritime law. They also discussed the potential benefits that Lex Maritima could bring to the sector and pointed out a number of problematic challenges from the fraudulent registration of vessels to ensuring the principle of freedom of navigation is upheld.
This article offers a detailed historical overview of the Russian Maritime Law Society, drawing upon previously unpublished archival materials. It provides a comprehensive analysis of the historical and social background in which the foundations were laid for the establishment of the first association of its kind within the Russian Empire. The article examines rules of maritime law of that period and cites correspondence between the Comité Maritime International (hereinafter referred to as CMI or the Committee) and Russian ministers, in which the supranational organization makes a compelling case for the rationale behind the formation of a national Maritime Law Society. The publication also briefly outlines the history of the Society, revealing the procedures by which new members joined, how meetings were held, and how the members prepared for the Comité Maritime International conferences. Furthermore, for the very first time, we are unveiling a complete list of Society members as of 1913.
“Our object was to give to the sea, which is the natural tie between the nations, the benefit of a uniform law, which will be rational, deliberated, equitable in its inception and practical in its text. We have considered that in our work, the shipowner, the merchant, the underwriter, the average adjuster, the banker, the parties directly interested should have the leading part: that the task of the lawyer was to discern what in this maritime community was the general feeling, which, among these divergent interests, is common to all; to discern also which of the various solutions is the best; to contribute to the common work his science and his experience, but that ultimately the lawyer should hold the pen and that the man of practice should dictate the solutions.”
The article is devoted to establishing the legal nature of the freight forwarding contract. For this purpose, the author analyses the economic nature of the said contract, its subject matter and liability for its breach. In addition, the article provides foreign experience of regulation of the said institute in the legal orders of England, Germany and France. The author compares some aspects of the legal concept of the freight forwarding in Russia and in the legal orders mentioned above. The conclusion of the study is that the freight forwarding contract in the Russian law is formulated not based on the subject matter of the contract but based on its object. The result of this approach is that a rather large number of binding relations may be covered by the definition of the freight forwarding. This, in turn, may lead to adverse consequences for the legal order and civil turnover since, under Russian law, the freight forwarder’s liability is limited.
The article deals with the legal nature of the contract of carriage of goods. For this purpose, the author defines the economic purpose of the contract, its subject matter and the liability for its breach. According to these three components, the article is divided into three parts. The author also examines the regulation of the contract of carriage in foreign jurisdictions, namely English, German and French law. On the basis of the material analysed, the author concludes that it is possible to subdivide the obligations under the contract of carriage into obligations on the cargo and obligations on the vessel. It is pointed out in the article that Russian legal doctrine has a view of carriage which is a bit unique from the other legal systems while there are no actual grounds for such understanding. The author concludes that the contract of carriage in Russian law is an obligation on the cargo which includes an obligation on the vessel.
The article is devoted to the analysis of the concept and importance of mediation in the legal system. The author introduces the stages of planning and conducting mediation, highlights the key functions of the mediator. The article also examines the use of mediation as a way to protect the rights and freedoms of citizens.
This article is essentially a historical review of the Russian Maritime Law Society. The text is divided into four parts. The first part deals with the foundation of the Society and the role of Grand Duke Alexander Mikhailovich Romanov, who approved the Charter of the Society. The second part describes the purpose of the Society, namely, to unite the efforts of lawyers to study, develop and unify maritime law; this part also describes the international analogue of the Society, the Comite Maritime International. The Russian Society was its member. The third part describes the activities of the Comite Maritime International in developing international conventions in the field of maritime law. The lack of information regarding the Russian Society of Maritime Law in the Russian archives is made up for through the archives of Comite Maritime International, namely, the minutes of the negotiations of the conventions drafts. The fourth part deals with the personalities and their activities in the Society.
In December 2021 a bill on autonomous shipping has been introduced into the Russian State Duma. The article analyzes whether it is time to adopt legislation on this subject. The author describes international experience in the field of autonomous shipping and sets out various scenarios according to which Russian legislation on this matter can be developed. Some concerns are raised in relation to the Bill’s terminology, its provisions on classification of autonomous vessels, status of remote crew, and performance of shipping contracts. The article points out that adoption of the Bill in its current wording, especially without detailed provisions on autonomous vessels’ liability and its insurance, may result in serious problems.
The article examines the current state and the main problems of international legal regulation of combating maritime piracy. The conclusion about the necessity of implementation of provisions of the United Nations Convention on the Law of the Sea into the Criminal Code of the Russian Federation is made. Also examined the prospects of creating an international tribunal on piracy and concluded that the creation of an international permanent tribunal on piracy would significantly improve the situation in the sphere of bringing persons who have committed acts of piracy to criminal liability. In addition, the creation of such a tribunal would ensure the security of navigation and additional protection of the constitutional rights of Russian citizens, crew members of merchant ships, as well as promote the economic interests of Russian merchant shipping entities.
The article discusses what mediation is, and what mediation clauses can be recommended for mediation.
