The subject of the 6th International Conference of Maritime Law, held on 4-6 October 2007, was the modern issues related to the marine insurance. The marine insurance has a close connection with the maritime commerce. This is why it constitutes one of the most ancient ways of protection of the maritime businessmen from losses due to maritime risks.
The maritime loan, an institution with Greek origins, paved the way to the marine insurance. Its difference lies in the fact that, while the maritime loan was in fact compensation paid before the loss of the ship, the marine insurance is a promise to pay compensation after the loss of the ship. Furthermore, the institution of general average, also an institution with Greek origins, is a special way of paying damages in maritime law. From a social and financial point of view, this institution is losing ground at the present period. In the past, the institution of general average was really helpful for the maritime activity, as it permitted to allocate the dangers related to it amongst all participants. This is why this institution paved the way to mutual insurance. The wide use of the institution of the marine insurance limited its importance. The sacrifices which are characterized as general average are by principle covered today by the insurance of the vessel and the cargo. Regulating the general average is in fact a way to regulate damages amongst the insurers.
In the first session papers were presented by Lia Athanassiou, Assistant Professor of Commercial Law in the Law School of Athens, Attorney-at-Law, on the “The problem of the international harmonization of maritime insurance law”, by Robert Merkin, Professor of Commercial Law in the University of Southampton, on “The Future of Marine Insurance Warranties In English Law” and by Antoine Vialard, Professor Em. in Bordeaux University on “La faute de l’ assuré dans le droit français des assurances maritimes”. The chairman of the second session Antonios Koutsofios, Attorney-at-law, gave the floor to the next speakers according to the programme. First presentation was made by Victoria Athanassopoulou, Attorney-at-law, Dr.iur., who lectured on “The principle of good faith in the contract of maritime insurance”. Mark Templeman, Attorney-at-law, Q.C., examined “Insurable interest in English Law: Touchstone or Millstone?” and Kyriaki Nousia, Lecturer in the University of Birmingham, developed the topic “Insurable interest in Marine Insurance Contracts in a Representative Sample of Common Law and Continental Law Jurisdictions: Time for Reform?”. In the first session of the second day, under the direction of the chairman Panagiotis Papatheodoropoulos, Attorney-at-law in the Piraeus Bar Association, were presented the lectures of: Jürgen Basedow, Professor of Commercial Law in the University of Hamburg, Director of the Max Planck Institution for Comparative and Private International Law, “Classification societies as marine insurers?”, Aliki Kiantou-Pampouki, Professor Em. in the Aristotle University of Thessaloniki, “The insurer’s liability in the event of damages caused by unseaworthiness”, Malcolm Clarke, Professor of Commercial Law in Cambridge University, “Scope of the law of misrepresentation and non-disclosure”, Christian Scapel, Professor of the Law and Political Department in the Marseille University, Attorney-at-law, “La subrogation de l’ assureur maritime” and Jerome Kullmann, Professor of Private Law in Paris-Dauphine University, Director of the Insurance Institution in Paris, “L’evanouissement du risque: pas de risque, pas de prime? L’exemple de la construction de navire et de l’assurance de la perte sur revente”. In the afternoon session of the same day under the direction of the chairman Nikolaos Baltazanis, Attorney-at-law, lectures were presented by: Koichi Otani, Professor of Commercial Law and Maritime Insurance Law in Waseda University “Cargo Insurance in Japan”, Taco van der Valk, Attorney-at-law (Rotterdam), “Recent Development sin Netherlands’ Cargo Insurance Law”, Vlassios Makris, Attorney-at-law, Dr.iur. “The problem of land risks in maritime insurance”, Georgios Theocharidis, Attorney-at-law, Dr.iur., Researcher in Athens University of Economics and Business, “Insurance of mortgage creditor’s of the ship interest”. In the last session of the Conference under the direction of chairman Mikes Kountouris, Attorney-at-law, Vassileios Kiantos, Professor Em. in Aristotle University of Thessaloniki made a presentation on “Conceptual characteristics of the marine insurance of anticipated profit”, Georgios Oikonomou, Attorney-at-law, on “Abandonment of the ship to the insurer” and Dimitrios Christodoulou , Lecturer of Commercial Law in Athens Law School, Attorney-at-law, who presented “Comparative remarks for the scope and the function of “held covered” clauses in maritime insurance contracts”. The Conference was completed with conclusions made by Professor Ioannis Rokas.
The minutes and reports of the Conference were published in a special edition under the title “Current issues of Maritime Insurance” published, with care of the Pireaus Bar Association, by A. Sakkoulas in 2010.
Piraeus Bar Association Board of Directors
K. Petalas President, P. Iliadis- A. Alexandropoulou-Alevromiti Vice-Presidents, K. Resvanis Secretary General, I . Giatrakos Treasurer, Members : G. Apostolidis, Th. Arvanitopoulos, M. Galanopoulou, K. Gourgarea, A. Dimovic, G. Karamizaris, N. Liapakis, S. Manousakis, P. Papatheodoropoulos, D. Pollalis, K. Sarigianni, E. Tsouroulis, M. Floropoulou-Makri. F. Chalkia.
Organizing Committee of the Conference
A. Antapassis President. Members: L. Athanassiou, D. Astras, N. Gerasimou, S. Giannakakis, N. Gogios, Th. Zafeiras, I. Iriotis, G. Theocharidis, G. Iatridis-Ramantanis, M. Kountouris, S. Kousoulis, N. Konstantinidis, K. Markakis, G. Bairaktaris, N. Baltazanis, I. Oikonomidis, G. Oikonomou, P. Pappas, A. Papadimitriou, D. Rediadis, I. Sarantitis, P. Sioufas, N. Skorinis, Pasch. Timageni, P. Tsiridis.
Ioannis Rokas, Professor of Commercial Law in Athens University of Economics and Business