York-Antwerp rules

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The York-Antwerp Rules ( YAR , York Antwerp Rules ) are internationally agreed insurance rules for the distribution of costs between ship and cargo in the event of a major average . If the YAR were agreed in the charter contract or bill of lading , they replace the respective rules of the countries, for example §§ 588 ff. Of the Commercial Code in Germany. On the other hand, it happens that national law refers directly to the YAR, for example the Swiss Maritime Law (SR 747.30; Section 122, Paragraph 2) expressly mentions the YAR-1974.

The YAR has been administered and approved since 1924 by the Comité Maritime International based in Antwerp ( Belgium ) , an international non-governmental organization for the standardization of maritime law standards . Since the YAR represents the de facto standard in maritime shipping, the CMI is doing something that international agreements or UN commercial law have not achieved.

History of the York-Antwerp Rules

After the originally comparatively uniform rules of the law of the sea increasingly diverged between the nations during the industrial revolution, discussions began in the English port city of York in 1864 about the distribution of costs in the event of an accident, which continued in Antwerp in 1877. In 1873 the “Association for the Reform and Codification of the Law of Nations”, the predecessor organization of the International Law Association (ILA), was founded in Brussels . The ILA published the first York-Antwerp Rules (YAR) in Liverpool in 1890 .

In 1896, Franck, Auguste Beernaert and the Belgian businessman Charles Le Jeune founded the Association Belge de Droit Maritime in Antwerp with the support of the ILA , the predecessor organization of the Comité Maritime International. In 1924 the YAR were expanded with the Stockholm Rules and in 1949 (YAR-1950) were supplemented slightly. In 1974 revised York-Antwerp Rules were published by the CMI (YAR-1974).

CMI publishes revised regulations at intervals. As with the Incoterms, the use of these regulations in trade is left to the trade partners. Different versions are used at the same time, currently the YAR 1974, 1994 and 2004. The latest version published in New York in May 2016 replaces the 2004 version not supported by the shipowners .

literature

  • Jacob Ahlers, The Introduction of the York and Antwerp Rules of General Average: Explanatory Notes on the Antwerp Decisions of September 1, 1877 ; Hamburg; 1878.
  • Richard Lowndes, John Francis Donaldson of Lymington, CT Ellis, and George Rupert Rudolf; Lowndes & Rudolf's Law of general average and The York-Antwerp rules ; 8th edition; London, 1955.

Individual evidence

  1. ↑ a b York Antwerp Rules (YAR) in the Transport Information Service of the German Insurance Association. V. (GDV); accessed on September 22, 2016.
  2. ↑ Previously: §§ 700 ff. HGB in the version valid until April 24, 2013. With the entry into force of the German maritime trade law reform on April 25, 2013, these regulations were changed.
  3. ↑ a b c d M. Berger and W. Helmers (1979) Shipping law and maneuvering ; Volume 2; 8th edition; Springer Verlag, Berlin; ISBN 978-3-662-09809-7 ; P. 215.
  4. ^ Iole Fargnoli and Stefan Rebenich (2011) The Legacy of the Romans: Roman Law and Europe ; Haupt Verlag AG; ISBN 978-3-258-07751-2 ; P. 134 ff.
  5. ↑ a b Richard Cornah (2004) The road to Vancouver - the development of the York-Antwerp Rules ; Journal of International Maritime Law; April-May 2004.
  6. ↑ a b Andreas Maurer (2012) Lex Maritima: Fundamentals of a transnational maritime trade law ; Mohr Siebeck; ISBN 978-3-16-151781-5 ; Page 76.
  7. ↑ Leslie Scott und Cyril Miller (1947) The Unification of Maritime and Commercial Law through the Comité Maritime International ; The International Law Quarterly Vol. 1, No. 4 (Winter, 1947), pp. 482-497.
  8. ↑ a b Albert Lilar and Carlo van den Bosch (1972) International Maritime Committee 1897 - 1972 ( Memento of the original from March 26, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. .  @1@ 2Template: Webachiv / IABot / www.comitemaritime.org
  9. ↑ Johannes Müller, Martin Berger, Heinrich Kedenburg, Joseph Krauss, Joseph Krauss, Helmut Menz (2013) Handbook for ship command: shipping law, cargo, seamanship, stability of signaling and radio systems and other areas ; 2nd volume; 6th edition; Springer Verlag; ISBN 978-3-662-27144-5 ; Page 151 ff.
  10. ^ York Antwerp Rules (YAR) 2016 adopted by the Comite Maritime International (CMI) ; Marine Insurance P&I Club News July 22, 2016; accessed on September 23, 2016.

Web links