Year: 2018 Language: english Author: F D Rose Genre: Textbook Publisher: Informa Law Edition: 3rd ISBN: 978-1-138-06093-7 Format: PDF Quality: eBook Pages count: 462 Description: There are four main aims in writing the third edition of this book. The first is to provide a reasonably succinct account of the principles and rules of this specialist and, in practice, complex area of law, which has its place at the conjunction of the law of carriage of goods by sea, marine insurance and unjust enrichment. Its second aim is to combine an exposition of legal principles with a statement of the rules that are applied in practice. All law concerns real activities and a proper account of it must relate to what actually happens in practice, where theory and principle do not always fit easily with particular rules or policies. To some extent this should be easier with general average, where for over a century an attempt had been made to provide a consistent core of international principles and rules in the York-Antwerp Rules. However, the York-Antwerp Rules display both positive and negative aspects of the voluntary creation and application of standard terms. Last year, the 42nd international conference of the Comité Maritime International (CMI) in New York was inter alia the culmination of a long process to revise the Rules, particularly in the light of the unpopularity of the 2004 Rules as well as continuing changes in practice. The New York conference produced not only a new set of Rules but also, to accompany them, a not uncontroversial set of Guidelines, ostensibly for explanatory purposes, especially for those who are unfamiliar with the arcane world of general average. Inevitably, therefore, a third aim of this book is to examine and explain the York-Antwerp Rules 2016 along with a general update of the relevant law and practice.
Contents
It is, of course, usual, when a new edition of a widely used regime is introduced, to offer a new edition of a book in the area. It is further the practice for the discussion in that new edition to focus on the new regime as if it replaces previous regimes, leaving readers to consult previous editions for learning on the older regimes. That is a less helpful practice today than in previous times, when the drift from use of hard copies to online access has meant both that previous online accounts are less, if at all still, accessible and there is less likelihood of retention of previous editions of hard copies. It is in any event a particular problem with the York-Antwerp Rules, because new editions do not auto - matically suppress older editions. Indeed, in practice, parties retain their freedom to choose which version (if any) of the York-Antwerp Rules they use, whether they be from 2016, 2004, 1994, 1990 (amending 1974), 1974 or even earlier. Indeed, as this book goes to press, there is an appeal pending before the Supreme Court (happily not averse to taking its first dip into the mysterious world of general average) concerned with interpretation of the 1974 Rules
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General Average
Language: english
Author: F D Rose
Genre: Textbook
Publisher: Informa Law
Edition: 3rd
ISBN: 978-1-138-06093-7
Format: PDF
Quality: eBook
Pages count: 462
Description: There are four main aims in writing the third edition of this book. The first is to provide a reasonably succinct account of the principles and rules of this specialist and, in practice, complex area of law, which has its place at the conjunction of the law of carriage of goods by sea, marine insurance and unjust enrichment.
Its second aim is to combine an exposition of legal principles with a statement of the rules that are applied in practice. All law concerns real activities and a proper account of it must relate to what actually happens in practice, where theory and principle do not always fit easily with particular rules or policies. To some extent this should be easier with general average, where for over a century an attempt had been made to provide a consistent core of international principles and rules in the York-Antwerp Rules.
However, the York-Antwerp Rules display both positive and negative aspects of the voluntary creation and application of standard terms. Last year, the 42nd international conference of the Comité Maritime International (CMI) in New York was inter alia the culmination of a long process to revise the Rules, particularly in the light of the unpopularity of the 2004 Rules as well as continuing changes in practice. The New York conference produced not only a new set of Rules but also, to accompany them, a not uncontroversial set of Guidelines, ostensibly for explanatory purposes, especially for those who are unfamiliar with the arcane world of general average. Inevitably, therefore, a third aim of this book is to examine and explain the York-Antwerp Rules 2016 along with a general update of the relevant law and practice.
Contents
It is, of course, usual, when a new edition of a widely used regime is introduced, to offer a new edition of a book in the area. It is further the practice for the discussion in that new edition to focus on the new regime as if it replaces previous regimes, leaving readers to consult previous editions for learning on the older regimes. That is a less helpful practice today than in previous times, when the drift from use of hard copies to online access has meant both that previous online accounts are less, if at all still, accessible and there is less likelihood of retention of previous editions of hard copies. It is in any event a particular problem with the York-Antwerp Rules, because new editions do not auto - matically suppress older editions. Indeed, in practice, parties retain their freedom to choose which version (if any) of the York-Antwerp Rules they use, whether they be from 2016, 2004, 1994, 1990 (amending 1974), 1974 or even earlier. Indeed, as this book goes to press, there is an appeal pending before the Supreme Court (happily not averse to taking its first dip into the mysterious world of general average) concerned with interpretation of the 1974 RulesScreenshots
General Average
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