Legros, Cecile --- "Improving international uniform transport law by creating interpretative committees" [2019] ELECD 1645; in Chuah, Jason (ed), "Research Handbook on Maritime Law and Regulation" (Edward Elgar Publishing, 2019) 2

Book Title: Research Handbook on Maritime Law and Regulation

Editor(s): Chuah, Jason

Publisher: Edward Elgar Publishing

Section: Chapter 1

Section Title: Improving international uniform transport law by creating interpretative committees

Author(s): Legros, Cécile

Number of pages: 24

Abstract/Description:

International transport is mainly governed by international uniform conventions. The goal of these conventions is to ensure uniform and consistent application of the rules governing specific issues of transport. Such uniformity, however, may only be achieved if the international convention is implemented and construed uniformly by the courts of each contracting State party. In practice, this is not always the case and interpretation discrepancies are frequent. There are various causes for divergent interpretations, the major one being the absence of an international court having jurisdiction on international trade law issues. The purpose of this chapter is to explore news ways of improving uniform application of international transport law conventions. Notably, I propose to entrust committees with uniform interpretation, either in relation with the statutes of international umbrella transport organizations when they exist, or informal academic committees for the conventions which do not have a parent organization.