Lloyd's Maritime and Commercial Law Quarterly
THE LACK OF UNIFORMITY AND THE VERY UNFORTUNATE STATE OF MARITIME LAW IN CANADA, THE UNITED STATES, THE UNITED KINGDOM AND FRANCE*
William Tetley, Q. C.†
I. Introduction
It is said that maritime law (the lex maritima), which formed part of the law merchant (the lex mercatoria) was universal and international in nature. When codified at the end of the 12th century into the Rôles of Oléron, this law stretched from the Atlantic ports of Spain up the Atlantic coast of France to England and the low countries. The Consolato del Mare, very similar to the Rôles of Oléron, held sway in the Mediterranean Sea while the Rules of Visby, a later adaptation of the Rôles of Oléron, prevailed in the North Sea and Baltic. These laws did not have national boundaries.
How much different is maritime law today? We have international conventions; but many nations refuse to subscribe to them so that maritime law is neither uniform, nor universal. In the Appendix, I have set out a summary of the major international maritime conventions with a cursory analysis of how Canada, the United States, the United Kingdom and France have complied with them. You will notice that there is far from universal compliance. We in Canada have least to be proud of, and the United States is not far behind. The United Kingdom and particularly France, on the other hand, have been most loyal in conforming to international maritime conventions.
II. The purposes of an International Convention
The purpose—uniformity, certainty and justice
What is the purpose of an international convention? Why attempt to adopt such a convention? In other words what are the advantages of an international convention over individual national laws adopted by individual nations?
Perhaps the answer may be summarized in three principles: (1) Uniformity of law, (2) Certainty of law, and (3) Justice, or a just solution to the problems requiring resolution.
(1) Uniformity of law would simplify the law for the citizens of the nations of the world, for their lawyers, their courts and all other interested parties. This is especially important because ships pass easily from one jurisdiction to another. Uniformity of law would also defeat the present offensive practice of forum shop-
* The text was delivered at the Meredith Memorial Lectures at McGill University on 27 September 1986.
† The author acknowledges the assistance of Brian G. McDonough B.A., B.C.L., LL.B. in the preparation and correction of this paper and Appendix.
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