Maritime Organisation, Management and Liability: A Legal Analysis of New Challenges in the Maritime Industry

Description

This book identifies and examines the legal challenges facing the shipping industry and ship management today. It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods. The book will be a useful resource for academics and practising lawyers working in shipping and maritime law. Preface Contents List of Contributors Table of Cases Table of Legislation Table of International Instruments Management and Organisation of Shipping Enterprises: Public and Private Law Framework 1. Nationality Requirements: Flag State Rules from an International Law Perspective I. Introduction II. Verification of the Nationality of a Ship III. Implications of a Genuine Link for the Validity of the Nationality of a Ship IV. Implications of Change of Ownership for the Nationality of a Ship V. Conclusions 2. Nationality Requirements: Implications for Shipping Enterprises I. Introduction II. Registration III. Choices for Shipping Enterprises: Open Registries IV. Choices for Shipping Enterprises: Other Types of Registers V. Nationality Issues for Shipping Enterprises: Choosing the Flag VI. Nationality Issues for Shipping Enterprises: Particular Flags VII. Conclusions 3. Private International Law Strategies in Ship Management and Crewing Arrangements I. Introduction II. The Law of the Flag III. (Ab)use of Party Autonomy IV. Mandatory Rules and Extraterritorial Application V. Protective Augmentation of Party Autonomy VI. International Regulation VII. Jurisdiction and Forum VIII. Extra-contractual Claims IX. Collective Bargaining Agreements and Industrial Action X. Conclusions Sustainability Perspectives on Management and Organisation in Shipping 4. Maritime Value Chains and Liability for Work Injuries I. Introduction II. Regulatory Framework III. Some Starting Points IV. Direct Liability V. Vicarious Liability for Independent Contractors? VI. Limitation of Liability VII. Conclusions 5. Sustainable Shipping: The New Governance Approach to Ship Recycling I. Introduction II. The Problem of Ship Dismantling III. The Legal Framework IV. Differences between the Waste Law and the Ship Recycling Approaches V. Interaction of the Regimes and Consequences for the Management of Ship Recycling VI. Conclusions Challenges in Shipping Management and Organisation Stemming from the Financial Market 6. Ship Arrest and the Hanjin Bankruptcy: Lessons for Ship Management I. Introduction II. The Collapse of Hanjin and the Rise of Conflicting Proceedings III. Overview of Cross-Border Insolvency and the Model Law IV. Different Approaches by Different Countries V. Analysis VI. Conclusions 7. Ship Arrest and Insolvency Proceedings: A European Perspective I. Torm – A Case of Insolvency of a European Shipping Company II. Ship Arrest and Insolvency Law III. Effects of Insolvency Proceedings on Ship Arrest in Local Ports – The Example of Danish Law IV. Effects of Insolvency Proceedings on Arrest of Ships in Foreign Ports – A European Perspective V. Forum Shopping – Shopping for Courts or for Ports? VI. General Perspectives – Are Maritime Law and Insolvency Law Conflicting Regimes? Management and Organisation in a Digitalised Maritime Sector 8. Surrender, Release and Digital PIN Codes I. Introduction II. Glencore International AG v MSC Mediterranean Shipping Co SA III. An Original Bill of Lading in Exchange for the Goods or a Delivery Order IV. The Digital PIN Code as a Symbol of the Goods V. The Digital PIN Code as a 'Delivery Order' VI. The Agreement to Deliver the Goods to the First Presenter of the PIN Codes VII. Conclusions Appendix 9. Electronic Bills of Lading, Blockchain and Distributed Ledger Technology (DLT) I. Introduction II. Paper v Electronic Bills of Lading III. Blockchain, Distributed Ledger Technology (DLT) and the Law IV. Blockchain Networks V. Standardisation VI. Interoperability VII. Conclusions 10. Web Portals and Data Sharing by Ocean Carriers I. Introduction II. Data Sharing Agreements and Collection and Processing of Data by Ocean Carriers III. The Risks of Hacking or Disclosure to Unauthorised Third Parties IV. Regulation of Electronic Exchange of Data V. Regulations Protecting Data VI. Conclusions Management and Organisation: Autonomous Shipping 11. Autonomous Ships and Hull and Machinery Marine Insurance I. Introduction II. Examples of the Ships III. Autonomous and Unmanned Ships and Marine Insurance IV. The Inchmaree Clause V. Seaworthiness VI. Liability and Limitation VII. Conclusions 12. On the Carriage of Goods on Autonomous, Remotely Controlled, Crewed and Uncrewed Ships I. Introduction II. The Normative Requirement: Taking Reasonable Care of the Goods III. Cargo Liability for Salvage IV. Contracts for the Carriage of Goods by Sea V. Regulatory Interventions and the Contract of Carriage VI. Normative Requirements VII. The Person Liable for the Loss of or Damage to the Goods VIII. The Standards of Performance IX. Conclusions Index