Frank Stewart Dethridge Memorial Address 2006: International commercial law, maritime law and dispute resolution - the place of Australia, New Zealand and the Asia Pacific region in the coming years
Published 2006-09-27
Keywords
- dispute resolution,
- Asia Pacific Region,
- public international law,
- economic treaties,
- free trade agreements
- international commerce,
- maritime law uniformity,
- international maritime conventions,
- high seas,
- maritime law harmonisation,
- International Maritime Consultative Council,
- IMO,
- CMI,
- UNIDROIT,
- UNCITRAL,
- lex mercatoria,
- American Law Institute,
- UNIDROIT Principles of Transnational Civil Procedure,
- maritime arbitration,
- Admiralty jurisdiction,
- Asia Pacific Regional Arbitration Group,
- anti-suit injunction ...More
Abstract
In this address, Justice Allsop raises for consideration some issues which are important in connection with the conduct and administration of maritime law and dispute resolution, in the context of economic growth within the Asia Pacific region in particular. His Honour also proposes some suggestions in regard to this field. Approximately the first third of his Honour's paper is dedicated to providing some historical context for the universalism of maritime law among nations and its lengthy history. Following this, his Honour proceeds to consider past efforts to unify or harmonise maritime law internationally, especially with the introduction of binding international maritime conventions in the 20th Century. His Honour then considers commercial dispute resolution and the role of courts, as well as the significance of commercial maritime arbitration and arbitration centres.