engleski

Maritime Torts - New Conflicts Approach:Is It Necessary?

The interrelation between general and maritime conflicts rules is present especially in maritime torts where the general conflicts rule for torts -lex loci delicti commissi - and the special conflicts rule governing the law of the ship nationality - lex bandi - apply. The law of the ship nationality applies to maritime torts if application of the lex loci delicti is not possibile (torts on high seas) or appropriate (if the damage does not involve a vessel and therefore does not affect a costal State), or if the vessels involved have the same nationality. The flag of convenience and bareboat charters, inseparabe aspects of modern shipping, considerably diminish the significance of the ship nationality as a connecting fartor. Questions arise as to whether flexible solutions could be applied as exceptions to the application of the lex loci delicti in maritime torts as well? Would these exceptions be acceptable in respect of the application of the lex bandi? The answer to these questions will show whether the special maritime conflicts regulation follow new trends of general PIL, as it should.

torts, maritime torts, conflict-of-law rules

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