General Average, Legal Basis and Applicable Law

1. Introduction
1.1 Unravelling general average’s uniformity myth
1.2 The maritime particularism general average
1.3 Order and scope of the study

2. A modern concept with ancient roots; general average’s historical development and current practice
2.1 Distribution of losses and costs
2.2 Development of the general average concept
2.3 Apportionment in practice
2.4 Evaluation

3. Positioning general average in the legal order
3.1 Legal justification of the right to claim a general average contribution
3.2 Absence of internationally uniform regulation and insufficiency of YAR as legal basis
3.3 Legal bases of general average claim in national law
3.4 Evaluation

4. Effectuating a right to a general average contribution
4.1 Introduction
4.2 General average definitions
4.3 Adjuster
4.4 Adjustment
4.5 General average contributors and creditors
4.6 Measures to safeguard payment of a general average contribution
4.7 Influence of (actionable) fault
4.8 Time bars
4.9 Evaluation

5. Absence of a universal conflict of law rule for general average
5.1 Background
5.2 Uncodified universal private international law rule on general average?
5.3 Legal basis of conflict of law rule
5.4 Evaluation

6. General average and the ‘Rome I and II Regulations’
6.1 Introduction
6.2 Applicability of the Rome I and II Regulations
6.3 Rome I and Rome II’s conflict of law rules
6.4 Rome I or Rome II?
6.5 General average obligations under Rome I and Rome II
6.6 Rome I and II Regulations’ insufficiency to regulate general average
6.7 Inclusion of a conflict of law rule for general average in Rome I and/or Rome II?

7. Conclusion

Summary
Samenvatting

Curriculum vitae
Acknowledgements
Legislations and Conventions
Other rules
Case Law
Bibliography
Index A – Keywords
Index B – Authors
Appendix A – YAR 1994, 2004, 2016
Appendix B – CMI Guidelines relating to General Average