Tilbake til søkeresultatene


Charterparty standard form contracts, international customs and lex mercatoria.

Tildelt: kr 25 000




2009 - 2009

The project deals with the problem of the unification of private international maritime law by virtue of maritime international customary rules (lex mercatoria maritima), in the tramp market. The project I am submitting is intented to be the test of the g eneral theory developed, in summer 2008, at Ottawa University according to which it is possible to achieve the uniformity of international private maritime law, even a part from international conventions, and to recover the civil law tradition in that sys tem. The test will be conducted by examining specific clauses of different standard voyage and time charterparty contracts, and will have the aim to verify if some of them may be considered as international customs and, as such, may be applied ex se. It h as been chosen to test the theory in the said field, first of all, because the discipline contained in the said contracts represents, in the field of international carriage, the result of private interests self regulation, by mean of party autonomy. Secon dly, because the discipline flowing from standard form contracts represents the "praxis's clot", regularly observed by contracting parties. Thirdly, because law institutes involved with the tramp market carriage present an high degree of applicability in the legal systems, where the controversies rising from them are brought. Aim of the research is, hence, to find a common denominator in the most important standard voyage and time charterparty's clauses, such as the discipline crystallized in the forms co uld be ascribed to a transnational maritime legal system. So, could we talk about a "Maritime law of the World"? Could we consider all those clauses sharing the common denominator as international trade customs? I decided to submit the reaserch to the Sc andinavian Institute of Maritime law, because it is top notch in maritime research, especially in the field of charterparties, for whose study, unlike other insitutes, it has a specialized section.