Обзор новостей морского права, выпуск № 2, Июль 2020
This article is devoted to the analysis of contemporary trends of reforming of York- Antwerp Rules on general average, about what in the literature, both Russian and foreign, is currently little information. In the study of international organization documents in the field of maritime trade were identified those problematic issues, on which new amendments to the York-Antwerp Rules on general average are planned. It is concluded that despite the growth of the abolition of the position of supporters of general average as an anachronism and a full transition to the marine insurance practice shows how countries and individuals are really interested in maintaining and further improving the York-Antwerp Rules as a source of law, applicable to international maritime transport of cargo.
This article is devoted to the major trends of regulate relations associated with such basic institutions of private international sea law as a maritime lien, rescue ships and other property at sea. These legal institutions not only have special significance in terms of their theoretical study and scientific analysis, but also play an important role in merchant shipping, which increases many times in international trade relations. In this paper, using the method of comparative law study, authors conducted a detailed analysis of the legal framework of the main institutes of private international sea law ( such as maritime lien, rescue ships and other property at sea) which serve as sources of domestic and external rules (international treaties, customs of merchant shipping). Authors touches the diversity and abundance of sources of the institutes of international private sea law due to the specifics of relations connected with the foreign rule of law. The urgency of the problem under consideration is also confirmed by the presence of contemporary international trends in reform and unification of the mentioned institutions, the private maritime law, as evidenced by the adoption of the international maritime community of new conventions, international organizations, the development of new instruments that are widely used in merchant shipping known as a «soft law», and the implementation by states international norms into national legislation.