Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - THE MARITIME LAWS OF THE ARABIAN GULF CO-OPERATION COUNCIL STATES
THE MARITIME LAWS OF THE ARABIAN GULF CO-OPERATION COUNCIL STATES by Richard Price, Solicitor, with Andreas Haberbeck and James Whelan. Graham & Trotman, London (1986). Vol, 1: iii and 259 pp., plus 7 pp. Index; hardback £73. Vol. 2, ix and 821 pp., plus 8 pp. Appendices; hardback £297.
This work, divided into two volumes, provides a comprehensive guide to and commentary upon the maritime laws of the GCC states (Saudi Arabia, Kuwait, Bahrain, Qatar, the United Arab Emirates, and Oman). Volume 1 is devoted to the commentary and volume 2 contains the translations of the major enactments.
In the first volume, the author and editor of the work, Richard Price, first discusses the maritime laws of the GCC in the context of the historical maritime background of the region. Chapter 3 (written in part by Andreas Haberbeck) deals with the legal background, considering in particular the importance of the Shari’a (the Islamic law), which pervades the discussion of every legal topic. This chapter is a useful introduction to the subject, although readers would be wise to heed the warning contained on p. 15 that “those readers with a particular legal problem which may involve the Shari’a should unhesitatingly seek specific Shari’a advice”. The chapter describes, albeit in brief, the framework of the Islamic law of contract, and the difficult issues which surround the prohibition of riba (variously described by Western observers as either usury or interest), maisir (gambling), gharar (risk), and juhala (uncertainty). Chapter 3 describes also the dual court structure of the Shari’a courts and the civil or commercial courts.
The remainder of volume 1 is taken up with an analysis of the maritime laws of the GCC states. In Chapter 5, 19 separate subjects are looked at in detail. Volume 2 contains the translations by James Whelan of the major documents in the GCC appertaining to maritime law.
There is no doubt whatsoever that this work provides an authoritative guide to a subject which, by and large, was unavailable to the English speaker before now. Few lawyers and others working in the field will want to be without it and, although the price might appear daunting, the two volumes will almost certainly pay for themselves many times over. It is strongly recommended.
David Pearl
Fellow of Fitzwilliam College, Cambridge.
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