Unification of maritime law — a failed strategy?

The harmonization of commercial maritime law has been a continuous process for more than a century. However, the success of the process is limited. The Conventions have limited geographic scope, national law plays a major role even in harmonized areas and competing harmonization Conventions tend to create new variants of disharmony. In addition, the harmonization process also has a cost. The system has become complicated. Forum shopping has become easier rather than more difficult. The debate on new rules is moved away from the national scene to international fora, where only some lobbyists have access, and the development of the rule-making has stagnated. The chapter also discusses other side effects of harmonization, such as the negative aspects of codification, the misunderstood link to mandatory legislation and the unfair distribution of available insurance capacity.