Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - ANUARIO DE DERECHO MARITIMO, VOL. 1
ANUARIO DE DERECHO MARITIMO, Vol. 1, edited by Ignacio Arroyo. Editorial Karpos S.A.., Madrid (1981, xxvii and 1074 pp., plus 10 pp. Index). Paperback.
This constitutes the first volume of a Spanish yearbook on maritime law, edited by Professor Ignacio Arroyo of the Autonomous University of Barcelona. The launch of such a yearbook was partially attributable to the significance that the sea has always had for a maritime nation such as Spain and the absence of a specialist journal in the field of maritime law. Its scope is intended to be wider than that of a book for academics and students; it is hoped also to be of use to practitioners and judges and to influence reform in the law.
The yearbook does not intend to enter the controversy of drawing what are perceived to be artificial distinctions between the various legal disciplines, whether maritime law or private commercial law, or the law of the sea as public international law. On the contrary, its aim is interdisciplinary, to discuss those issues that originate or take place upon the sea, both from a conceptual and practical viewpoint. In this sense, an attempt is made to redefine maritime law and to extend its purview beyond the parameters of private commercial law, to cover any subject dealing with the sea. This is facilitated by the fact that maritime law possesses an international character and by its being not simply concerned with the sea as a medium for commerce.
The yearbook is divided into 10 sections, being a variety of articles and other features one usually expects to find in such works, namely: Spanish practice and cases on maritime law during the year 1979–80; current news and developments regarding maritime law, international organizations and conferences; book and journal reviews; and a compilation of conventions and national legislation on maritime affairs.
The first section is composed of a series of articles of a conceptual nature. Thus, for example, Professor Arroyo writes on the development of maritime law in different legal systems, drawing comparisons with English, American, French and Italian law, and evaluating the contribution of international organizations to maritime law and the law of the sea. In his view, the Anglo-American tradition of maritime law, particularly the English element, suffers from a lack of systematic planning and is piecemeal. The common law does not recognize a field of maritime law properly so-called, but English law has achieved one virtually by trial and error, by a combination of admiralty and commercial case law. Professor Arroyo believes the codes of the civil law systems to be eminently preferable in that they provide an overall structure delimiting the subject.
Professor Emmanuel du Pontavice writes on the evolution of the law of the sea and maritime law, analyzing whether this evolution has been prompted by the developing States and whether it constitutes a revolution; while Judge Nagendra Singh, President of the International Court of Justice, writes on the responsibility of flag States, which include the obligations and duties of States in relation to shipping on the high seas, jurisdiction and protection, the freedom of the seas, sovereign immunity, and sovereign equality.
The second section is composed of articles of a more varied nature, some concerned with certain specific issues. Thus, some, like that of Professor José Juste Ruiz, examine the effects that the new law of the sea on fisheries will have on Spain, while others, like
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