Appropriateness of Traditional Attribution Rules for the Provision of Ship Leases
Dr. Abdulsalam Al-Fadhl
Assistant Professor
Faculty of Law – Yarmouk University – Jordan
Dr. Salim Khasawneh
Assistant Professor
Faculty of Law – Yarmouk University – Jordan
Abstract:
Economic and social openness between states have led to the flow of goods and services across borders, which required multiple means of transport. Hence, the need for maritime transport has increased and there has been a multiplicity of shipping contracts and transport contracts based on charter party agreements. The latter is at the forefront of these contracts, especially in the context of irregular shipping.
Because maritime transport is linked to states and persons of different nationalities, it has granted transportation an international status. Undoubtedly, the internationalization of these contracts raises problems of conflicts of laws because legislative systems differ from country to another, particularly those relating to rules governing transport issues. This study, therefore, highlights these rules through detailed analysis and comparison aiming at clarifying the appropriateness of these rules to the nature of the transport contract and determining their ability to achieve the legal security expected of the contract parties.
This study came up with a set of conclusions. The most important of which was that the rules of attribution adopted by the Jordanian legislator as well as most Arab legislators, were not in line with the nature of ship lease contracts. It, therefore, recommended the need to adopt flexible rules in line with the most recent legislative developments.
Keywords: Shipping, Conflict of Laws, Ship Flag, Objective Rules, Charter Parties.