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Il diritto commerciale nel tempo della pandemia. Tra neoprotezionismo, zone franche ed emergenza portata a sistema
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Insurance risks and new maritime silk road: a historical perspective
No full textL’articolo prende spunto dal piano organico della Repubblica Popolare Cinese del 2013 con il quale si propone di ricostruire gli antichi collegamenti commerciali tra Oriente e Occidente. La Nuova Via della Seta evoca volutamente un passato millenario che non coincide con la narrazione occidentale, ma con lo spirito dalla dinastia Han: di uno scambio commerciale in un clima di tolleranza e convivenza, di scambio tra culture, religioni, idee e persone. Il progetto si inserisce in un contesto di profondi cambiamenti dovuti all’innovazione tecnologica che rende più efficiente e più sicura la navigazione ma che tuttavia, apre nuovi problemi giuridici e crea anche nuovi rischi. L’articolo si propone di affrontare le principali questioni giuridiche, quali: il rischio e la sicurezza per la gente di mare, la responsabilità in caso di incidenti, forme di assicurazione, da una prospettiva storica.The article takes its cue from the People's Republic of China's 2013 organic plan to rebuild the ancient trade links between East and West. The New Silk Road deliberately evokes a millennial past that does not coincide with the Western narrative, but with the spirit of the Han dynasty: of trade exchange in a climate of tolerance and coexistence, of exchange between cultures, religions, ideas and people. The project is set in a context of profound changes due to technological innovation that makes navigation more efficient and safer but also opens up new legal problems and creates new risks. The article aims to address the main legal issues, such as: risk and safety for seafarers, liability in case of accidents, forms of insurance, from a historical perspective
Maritime Contracts and Private International Law: Between Party Autonomy and Uniform Law
Full text linkMaritime contracts stand out as a field characterized by the driving role of uniform law. The process of unification of the law governing contracts of carriage of goods by sea started in the Middle Ages, in the form of collections of th the usages of the trade, developed by merchants in the field of maritime traffic. It has been in more modern times, starting form the end of the XIXth Century, that the process of unification of the rules of substantive law in the field has taken the form of international conventions, due, at first, to the leading role of private institutions, such as the International Law Association and the Comité maritime international, and, at a later stage, of inter-governmental organizations and related bodies, such as UNCITRAL. As the author notes, the adoption of international conventions bearing uniform rules of substantive law in the field could not lead to a setting aside of the conflict of laws problem, due to the limits inherent in both the substantive and personal or territorial scope of application of international law conventions. Problems of coordination accordingly arise between uniform law and private international law conventions, or, as in the peculiar case of EU Member States, EU Regulations. These, and especially, in matters of contract, the Rome I Regulation not less than its predecessor, the Rome Convention of 1980, are based on party autonomy as a general rule for finding the applicable law. The author discusses the role left to aprty autonomy in such a scenario largely dominated by uniform law conventions, which, within the limits of their scope of application, tend to apply directly in their Contracting States, independently of the rules of private international law, arguing that the scope for party autonomy, both in terms of designating the applicable law, and of establishing the substantive terms of the contract, is likely to prove larger in those maritime contracts, such as those based on a charter party, where a substantially equal bargaining power is likely to exist between the parties, as a difference form liner terms contracts, normally incorporated in a bill of lading, or, rather, in a sea waybill, where generally shippers are expected to accept the contractual terms unilaterally set out by the carrier
An Introduction to the 21st Century Maritime Silk Road from the Perspective of the Law of the Sea
Full text linkFinancial assistance for waterways and ports. The EU rules on state aid and foreign direct investment and their effects on the development of maritime Silk Road in Europe
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