近日，大连海事大学法学院外籍教授Proshanto K. Mukherjee的著作“Mukherjee on Maritime Legislation”（《穆科技论海事立法》）（第二版）由世界海事大学出版发行（WMU Publications）。大连海事大学法学院司玉琢教授和英国斯旺西大学法学院D. Rhidian Thomas教授受邀为该书第二版的出版撰写了序言。
Mukherjee教授所著的 “Maritime Legislation”《海事立法》）一书是在作者的博士论文基础上完成的，于2002年首次出版。该书是关于海事立法的综合性学术著作，通过追溯海事立法的历史演变，从理论层面和国际维度寻求海事立法的统一性，研究海事立法的性质。该书还介绍了普通法系和大陆法系国家起草海事立法所呈现的不同立法方法。
该书第二版保持了第一版的结构，对部分章节的内容进行了更新。在第一部分的两章中，对普通法有关海事管辖权问题的海事立法的产生和发展做了补充。第三部分，结合港口国监督的各地区备忘录，对区域性立法问题做了新的阐释。第四部分则根据2006年《海事劳工公约》的规定进行了补充和更新。
司玉琢教授在序言中提及Mukherjee教授入职大连海事大学法学院以来取得的学术成就和国际影响，指出：海商法植根于几个世纪以来在连接世界不同地区的海上积累的国际贸易和航运习惯，与其他任何法律部门相比，享有最高程度的统一性。不论普通法系国家还是大陆法系国家，一国海商法的编纂都是航运业最受关注的主题。通过出版《海事立法》第一版，Mukherjee教授首次阐明了海事立法应遵守的原则和规范，并赢得了广泛的赞誉，成为世界知名的海商法起草专家。《中华人民共和国海商法》的修订工作正在进行中，受到持续关注的一个重要议题是，现行立法应更新到何种程度以调整和解决航运领域不断涌现的新问题。通过《海事立法》第二版，Mukherjee教授将继续与我们分享他对海商法如何应对社会变化的思考。相信这本书将成为课题组的重要参考资料，对解决法律修订中出现的分歧有很大帮助。
最后，司玉琢教授祝愿Mukherjee教授在大连海事大学生活愉快，也希望有更多的海商法学者加入大连海事大学法学院，使中国的海商法教育得到与时俱进的发展。
“Mukherjee on Maritime Legislation” (Second Edition) launched with a Foreword by Professor Yuzhuo Si
Recently, Professor Proshanto K. Mukherjee, Professor of Law and Foreign Expert at Dalian Maritime University Law School, had his latest book “Mukherjee on Maritime Legislation” (2nd Edition) published by World Maritime University (WMU Publications). Professor Yuzhuo Si of the Law School of Dalian Maritime University and Professor D. Rhidian Thomas of the Law School of Swansea University wrote the First and Second Foreword, respectively, for this Edition.
The First Edition of “Maritime Legislation” by Professor Mukherjee was completed on the basis of the author's PhD thesis and was first published in 2002. The book is a comprehensive academic work on maritime legislation and examines the nature of maritime legislation by tracing its historical evolution and seeking harmonization in terms of the theoretical aspects and the international dimension of the subject. The book also presents various legislative methodologies pertaining to the drafting of maritime legislation from both common and civil law perspectives as practical essentials.
The Second Edition of the book maintains the structure of the original, with updates to several chapters. In the two chapters in Part I, the historical evolution of maritime law and legislation as well as the phenomenon of admiralty jurisdiction in the common law domain are supplemented by new materials. In Part III, the international dimension of maritime legislation has been revised substantially in the chapters focusing on regional approaches, highlighting the role of regional Memoranda of Understanding on Port State Control as illustrative of a regional approach. Part IV is supplemented and updated in light of the Maritime Labour Convention, 2006.
Referring to Professor Mukherjee’s academic achievements and international influence since he joined the School of Law of Dalian Maritime University, Professor Yuzhuo Si notes in his Foreword that maritime law is rooted in the customs of international trade and shipping which have accumulated over centuries by reason of the sea connecting different parts of the world, and it enjoys the highest degree of uniformity compared with any other branch of law. The codification of domestic maritime law is therefore of most common concern in the globally connected shipping industry, in the contexts of both the common law and civil law systems. Through the publication of the first edition of Maritime Legislation, Professor Mukherjee had, for the first time, illustrated the principles and rules that the drafters of maritime law were expected to observe and had earned his reputation by becoming a world-renowned drafting consultant with respect to maritime legislation including its public and private law dimensions.
With the revision of the Maritime Law of the People's Republic of China underway, there are discussions and debates on the extent to which the current Code should be updated to accommodate as many the latest issues in the field. Through the Second Edition of the book, Professor Mukherjee will continue to share with us his reflections on how maritime law should respond to social change. We believe that this book will be an important reference for the revision group and will be of great help in resolving the discrepancies that arise in the revision of the Law.
Professor Yuzhuo Si wished that Professor Mukherjee would continue to enjoy his life at Dalian Maritime University and hoped that many more maritime law scholars will join the Law School of Dalian Maritime University and make maritime law education in China keep pace with the times.
