NEWSLETTER-2019-metin

71 COMMERCIAL LAW 2016 York Antwerp Rules* Att. Duygu Oner Introduction The Communiqué on the 2016 YorkAntwerp Rules (“Rules”) was entered into force through publication in the Official Gazette dated 19 February 2019 and numbered 30691. The York Antwerp Rules set out the principles of the “general average” for the equitable allocation of sacrifices made in case of a sudden threat in maritime travel. The general average is defined as sharing the damages and costs that are the result of loss suffered in order to save a ship and her cargo from danger in the event of abnormal danger faced by the ship and cargo in the course of maritime travel. The general average is firstly regulated by national laws. The fact that the parties related to transportation in maritime transports (persons related to the cargo and ship) generally have different nationalities, and the differences between national laws has revealed the need to create a uniform body of rules as to general averages. As a result of the works initiated by the International Law Association towards the end of the 19th century, the rules that define the principles and scope of general averages is called the York Antwerp Rules. The York Antwerp Rules are renewed periodically by the International Maritime Com- mittee (“IMC”) according to the requirements of international trade and current issues. As a result of the changes made in 2016, the Rules became the most recent version, as recommended. The York Antwerp Rules do not have the characteristics of an international contract; they are similar to advisory rules that may be added as a term in the freight contract or bill of lading pursuant to the will of parties concerning maritime transport. In practice, the par- * Article of March 2019