Private International Law and Maritime International Law: jurisdiction and jurisdiction agreements in law of maritime navigation

Abstract

This paper endeavours to address some of the disparate, legally releevant and yet controversial issues that arise out the international carriage of goods by sea. Given the multiple perspectives from which sea transport law may by observed and assessed, a certain degree of definitional work is essential in order to identify the issues involved from a private international law perspective. In particular, this study aims to analyze the interpretation by our courts of the rules on international jurisdiction contained in Brussels IBis and in the law of maritime navigation and the interaction between normative blocks (European Law, National Law and international law). From the operators sector’s point of view, it will tackle that when the aim of the legal security is achievingor on the contrary the absence of the compatibility of the rules between those deserve rules finishes producing doubts that harm all the interests of the present cast.