An Evaluation of the "Institute Cargo Clauses-General Average-York Antwerp Rules" Process


Creative Commons License

Aytüre S. , Berki Ö.

International Journal of Management and Social Researches, vol.8, no.16, pp.28-39, 2021 (International Conference Book)

  • Publication Type: Article / Review
  • Volume: 8 Issue: 16
  • Publication Date: 2021
  • Title of Journal : International Journal of Management and Social Researches
  • Page Numbers: pp.28-39

Abstract

In this study, the regulations in the axis of “Institute Cargo Clauses-General Average-York Antwerp Rules”, which have an important place in the richness of the subject of maritime trade, and their reflection on the application are analyzed and some suggestions are discussed. “Maritime trade” has a special place in World trade. This "special place" is due to the fact that sea trade constitutes a volume of 80% and 70% in value in the world trade, which reached 20 trillion dollars in the late 2010s, on the one hand, and on the other hand, it constitutes a large part of the trade laws of all countries. In addition to these, maritime trade deserves “special place” with its historical development, wide terminological infrastructure and rich variety of operational transactions. The General Average Rules are regulated by the "York-Antwerp Rules", which are a separate legal text, not within the Institute Cargo Clauses. In addition, the terminological analysis of the concept of "marine adventure" in the article 1272 of the Turkish Commercial Code is included.