Abstract
The headline of Rares’ article may sound catchy when bearing in mind that the Flying Dutchman in maritime mythology stands for a ghost ship that can never reach its destination and is fated to sail the seven seas in eternity. But as drastic as this comparison might sound, it seems to be very appropriate. This book will be guided by the question whether insolvency law and maritime law are separated by fundamentally different legal concepts and policies or whether harmonisation can be achieved to some extent. In other words, will the Flying Dutchman continue to sail aimlessly or is there a chance to guide this doomed ship into known and safe waters?
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- 1.
Rares (2010), p. 246.
- 2.
The terms ‘admiralty’ or ‘maritime’ law are used interchangeably in the legal terminology of the Anglo-American law tradition and they have the same meaning. Maritime law in legal categorisation does not include the Law of the Sea, as this forms part of public international law.
- 3.
McCullough (2007/2008), p. 458 states: Maritime lawyers have a general belief that bankruptcy and maritime laws in the United States are “antithetical”.
- 4.
See UNCITRAL (1992), A/CN.9/398, Annexure A.
- 5.
E.g. the insolvency and following liquidation of Lehman Brothers Holdings Inc.
- 6.
See for this and the following sentence VDR (2014), p. 12.
- 7.
See PricewaterhouseCoopers (2013), p. 9.
- 8.
The CMI Questionnaire is available at http://www.comitemaritime.org/Cross-Border-Insolvency/0,27129,112932,00.html (last visited on 10 June 2018).
- 9.
See Gombrii (2012), pp. 366, 367.
- 10.
See UNCTAD Review of Maritime Transport (2015), on p. 36.
- 11.
Following the referendum on 23 June 2016, the majority of British people voted for the United Kingdom to exit the EU. The consequences that will follow from this referendum, triggering the exit process of the United Kingdom, cannot be determined to its full extent yet.
References
Gombrii, K. J. (2012). Letter 2 May 2012. CMI Year Book 2011/2012, pp. 366–367.
McCullough, R. (2007/2008). Law wars: The battle between bankruptcy and admiralty. Tulane Maritime Law Journal, 32, 457–491.
PricewaterhouseCoopers. (2013). Still battling the storm - Global shipping benchmarking analysis.
Rares, S. (2010). Admiralty law - The Flying Dutchman of cross-border insolvency. In K. Lindgren (Ed.), International commercial litigation and dispute resolution (pp. 246–268). Sydney: Ross Parsons Centre of Commercial, Corporate and Taxation Law.
UNCITRAL. (1992). 25th year congress on Uniform Commercial Law in the 21st century. New York.
UNCTAD. (2015). Review of maritime transport. New York.
VDR - Verband Deutscher Reeder e.V. (2014). Annual report 2014. Hamburg.
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Göretzlehner, E. (2019). Introduction. In: Maritime Cross-Border Insolvency. Springer, Cham. https://doi.org/10.1007/978-3-030-11793-1_1
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