- Jurisdiction — Arbitrators — Statehood, jurisdiction of states, organs of states
This chapter develops a threefold argument. First, using empirical data it shows the maritime industry’s move away from litigation and towards arbitration. Second, it argues that private actors play a major role in the development of substantial rules of international shipping by the means of standard contracts. Since these contracts do not only result from a unilateral imposition of the terms by one party on the other but from participative procedures that involve many stakeholders, these rules are not only general terms and conditions, they can claim normativity for themselves and thus are a first step in the emergence of a transnational maritime law. Finally, the chapter argues that arbitrators should view themselves as participants in the development of an emerging transnational maritime law. Preconditions for this development are the publication of arbitral awards and mutual observation of arbitrators, allowing a factually binding persuasive precedent to emerge.
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