Maritime Law in Motion

✍ Scribed by Proshanto K. Mukherjee; Maximo Q. Mejia, Jr.; Jingjing Xu

• Publisher: Springer Nature
• Year: 2020
• Tongue: English
• Leaves: 796
• Category: Library

✦ Synopsis

This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers’ affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.

✦ Table of Contents

Maritime Law in Motion
Foreword
Preface
Contents
About the Authors
The Effect of the Arbitration Clause Incorporated in a Bill of Lading to Third Persons
1 Introduction
2 Assessment in Terms of Arbitration Legislation
2.1 Determining the Validity of Arbitration Agreement
2.2 Validity of Foreign Arbitration Agreement
2.3 Validity of the Arbitration Clause in the Bill of Lading
2.3.1 Liner Bill of Lading
2.3.2 Charterparty Bill of Lading
3 Assessment in Terms of Commercial Law
3.1 Arbitration Clause Along with Other Carriage Agreements/Bills of Lading Not Issued as a Reference to Any Charterparties (i...
3.2 Bill of Lading Issued as a Reference to a Charterparty in Which Charterparty Provisions Are Referred in General or Explicit
4 Assessment in Terms of Law of Obligations
4.1 In Regard To a Bill of Lading as a Negotiable Instrument the Unavailability of Examining Generalized Transaction Terms Und...
4.2 The Infeasibility of Examination of Generalized Transaction Terms in Contracts Between Merchants
4.3 Freedom of Contract and the Principle of Diligent Businessman in Commercial Law
4.4 Article 55/1 of TCC and the Issue of Constituting Unfair Competition
4.5 The Privity of Practical Commercial and Customary Applications Compared to TCO (TCC Article 1/2)
4.6 The Effect of the Compulsory Provisions Regarding Maritime Law Under TCC
5 Conclusion
References
Regime Interaction and GAIRS
1 The Need for Normative Integration of Environmental Media: The Ship Waste Case
2 Significance of GAIRS in the Development of the Law of the Sea and Beyond
3 GAIRS and Ship Waste Management in the Sea/Land Interface
3.1 Ship Waste Management on Land and the Duty Not to Transform Pollution
3.2 Environmentally Sound Management (ESM) of Wastes
4 Port Reception Facilities
4.1 The Obligation to Ensure´´ the Provision of Port Reception Facilities 4.2 The Obligation to ProvideAdequate´´ Port Reception Facilities
4.2.1 Satisfy the Requirements of Ships That Usually Use the Port
4.2.2 Prevent Undue Delays of Ships at Ports
4.2.3 Avoid Creating Disincentives for Using Reception Facilities
4.2.4 Contribute to the Improvement of the Marine Environment
4.2.5 Allow the Final Disposal´´ of Wastes Generated on Board Ships on Land in an Environmentally Appropriate Way 5 Compliance Challenges 6 Concluding Remarks: Integration of Port Reception Facilities with National Waste Management Systems References Maritime Rules for Rail Carriage: China´s Initiative to Incorporate Rules from the Road to the Belt 1 Introduction 2 The Chinese Belt and Road Initiative and Chongqing Pilot Free Trade Zone 2.1 An Evolving Initiative 2.2 The BRI Is Based on Flexibility 2.3 Chongqing PFTZ Can Develop Laws in Accordance with Business Needs 3 Using Maritime Rules in Railway Carriage to Facilitate Trade Finance in Chongqing PFTZ 4 Consideration of Different Forms of Trade Finance in the CLFS Proposal 5 The Possibility to Monetize Receivables 6 Rules for Supporting Better Information Exchange and Facilitating Access to Finance 7 Concluding Remarks References A Critical Analysis of Carriage of Passengers by Sea: Uniformity Through International and Regional Approaches 1 International Regime on Carriage of Passengers by Sea 1.1 Historical Evolution 1.2 Athens Convention 1974 1.3 Scope of Application and Salient Features of Athens Convention 1974, as Amended by the Protocol of 2002 2 Carrier´s Liability and Limitation of Liability 2.1 Athens Convention 2002 2.2 Global Limitation of Liability Under the International Convention on Limitation of Liability for Maritime Claims, 1976, as... 3 Harmonisation of Carriage of Passengers by Sea in the Context of the EU 3.1 Implementation of the Athens Convention Within the EU 3.2 EU Legislation on Passenger´s Rights 4 Conclusion References Books and Articles Legislation Cases Other Documents Occupational Hazards in the Light of the Maritime Migration Challenge 1 Introduction 2 Rescue Versus Interception 3 Human Rights Protection at Sea 4 Criminalisation of Maritime Professionals 5 Rescue at Sea and Occupational Hazards 6 Final Remarks References Governance of International Shipping in the Era of Decarbonisation: New Challenges for the IMO? 1 Introduction 2 Origins and Evolution 3 The Climate Change Era and the Decarbonization Challenge 4 Mandate and Structural Constraints 5 Conclusion References Good Faith in Maritime Law Contracts 1 Introduction 2 Analysing Good Faith: Through the Looking Glass of Contract Law 3 Application of Good Faith in Maritime Contracts 4 Conclusion References Cases Legal Aspects of Green Shipping Finance: Insights from the European Investment Bank´s Schemes 1 Introduction and Context 2 Literature Review, Definitions and Concepts 3 Core Contractual Undertaking with Reference to Green Obligations 4 Types of EIB Green Finance 5 Legal Competence and Criteria for Green Finance Under the EIB Schemes 6 Managing Project Risk 7 Conclusion References When Was the Last Time You Were Restrained by a Prince? Conservatism and the Development of Maritime Law 1 Introduction 2 Back to the Future with Multimodal Transportation 3 The New York Produce Exchange Time Charter 4 The Both-to-Blame Collision Clause 5 General Average 6 Conclusion References Private Maritime Security Companies Within the International Legal Framework for Maritime Security 1 The Threat of Maritime Piracy: State Response and the Rise of PMSCs 1.1 Setting the Scene for the Emergence of PMSCs 1.2 PMSC Anti-piracy Services: The Controversy Surrounding Their Engagement 2 The Role of PMSCs in the International Maritime Security Framework 2.1 The Legal Framework Governing PMSC Engagement 2.1.1 International Legal Instruments 2.1.1.1 UNCLOS 2.1.1.2 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and Its Protocol 2.1.1.3 International Convention for Safety of Life at Sea and the ISPS Code 2.1.1.4 UN Firearms Protocol 2.1.1.5 The IMO Interim Guidelines 2.1.2 Municipal Regulation as Part of the International Legal Framework 2.1.3 Industry (Self) Regulation 2.2 The Role of PMSCS in International Maritime Security 2.2.1 The Law Enforcement Role of PMSCs 2.2.2 The Norm-Making Role of PMSCs 2.2.3 The Impact of the Role of PMSCs on International and Domestic Law 3 PMSCs as Participants in the International Maritime Security Governance Framework: Are PMSCs Usurping the Powers of the Stat... 4 Conclusion References Cases Compensation for Cargo Damage in International Maritime Transportation: Chinese Law Perspective 1 Introduction 2 Sea Carriage Disputes in China´s Maritime Judicial Practice 3 Scope of Compensation for Loss of Goods Under CMC 3.1 Carrier Liability for Economic Losses Besides Liability for Loss of Goods 3.2 Carrier´s Responsibility for Costs Connected to Loss of Goods 4 Scope of Compensation for Damage to Goods Under CMC 4.1 Calculation of Compensation for Damaged Goods in Judicial Practice 4.2 Maritime Courts´ Different Standards for Determining Value of Goods at Time of Loading 4.3 Defects in Article 55 of CMC: Use of Value at Loading Port for Calculation of Amount of Loss of Goods 5 Limitation of Carriers´ Liability for Loss of or Damage to Goods 6 Compensation When Carrier Delivers Goods Without Presenting Bill of Lading 7 Conclusion References Cases Innocent Passage Under UNCLOS: An Exploration of the Tenets, Trials, and Tribulations 1 Introduction 2 Socio-Cultural Perspectives 3 Res Ipsa Loquitur 4 Spatial Dimension 4.1 Spatial Dimension: Safety Attribution 4.2 Spatial Dimension: Environmental Attribution 4.2.1 The Canadian Arctic Waters Pollution Prevention Act 4.2.2 Western European PSSA 4.2.3 Compulsory Pilotage in Torres Straits 5 The Cargo Dimension 5.1 Hazardous and Noxious Substances 5.2 Nuclear Material 5.3 Proliferation 5.4 Arms and Ammunition 6 The Social Dimension 6.1 Crew 6.2 Privately Contracted Armed Security Personnel 6.3 Refugees 7 The Inherent Dimension 7.1 Passage of Warships Through Territorial Seas 7.2 The Chinese Approach 7.3 The Case of Finland 7.4 Autonomous Ships and Unmanned Maritime Systems 8 Bridges as Barriers to Innocent Passage 9 Conclusion References What Challenges Lie Ahead for Maritime Law? 1 Introduction 2 Development of International Maritime Law in the Twentieth and Twenty-First Centuries 3 The Future Role of the IMO Committees in the Development of International Treaties 4 Proposals for the Development of Two New Treaties Recently Brought Before the IMO Legal Committee 4.1 Civil Liability for Offshore Oil Pollution 4.2 Recognition of Foreign Judicial Sales of Ships 5 Future Challenges in the Light of Developments in Shipping 5.1 Shipping in the Polar Regions 5.1.1 The Effect of Climate Change on Shipping 5.1.2 UNCLOS 5.1.3 The Antarctic Treaty 5.1.4 The Arctic Council 5.1.5 Consideration of Polar Issues Within IMO and the Polar Code 5.1.6 Consideration Within the CMI 5.1.7 Legal Issues to Be Considered 5.2 Unmanned Ships 5.2.1 The Concept of `Unmanned Ships´ 5.2.2 Future Role of Unmanned Ships 5.2.3 Consideration of Issues Relating to Unmanned Ships in Various Fora 5.2.4 Are Unmanned Craft `Ships´ for the Purpose of International Conventions? 5.2.5 Legal Issues to Be Considered 5.2.6 Methods for Adapting the Regulatory Framework 6 Concluding Observations References Sanctions Compliance Risks in International Shipping: Closure of Five Crimean Ports, the Sanctions Regime in Respect of Ukrain... 1 Introduction 2 The Public Law Dimension: Changing Face of Sanctions 2.1 Preliminary Remarks 2.2 EU and US Sanctions Applied in Respect of Actions Relating to Ukraine 2.2.1 EU Sanctions in Respect of Actions Relating to Ukraine 2.2.1.1 Restrictive Measures and theEvolution´´ of Regulation EU/269/2014
2.2.1.2 Broader Economic Sanctions Imposed on Russia by the EU
2.3 US Sanctions in Respect of Actions Relating to Ukraine
3 The Ukraine Situation
3.1 Closure of Five Crimean Ports by Ukraine
3.2 The Private Law Dimension: Commercial Problems Generated by the Ukraine Sanctions Regime
3.3 Are the Five Closed Crimean Ports Politically Unsafe Ports?
3.4 The Use of War Risks Clauses with Respect to Crimean Ports
4 Conclusions
References
Cases
Shipowner´s Implied Obligations in a Charterparty Relating to Lien on Cargo: English and Chinese Law Perspectives
1 Introduction
1.1 Background
1.2 Purpose
1.3 Structure
2 Lien Clause as a Self-Help Remedy
2.1 The Notion of Self-Help
2.2 Bailment
2.3 Reasonableness and Good Faith in Self-Help
3 Duty to Act Reasonably
3.1 Implied Duty
3.2 Reasonable and Equitable
4 Application of Good Faith Doctrine to Cargo Liens
4.1 Preliminary Observations
4.2 Definitions of Good Faith
4.3 Current Position of Good Faith in Common Law
4.3.1 Express Duty of Good Faith
4.3.2 Implied Duty of Good Faith
5 Contractual Discretion
5.1 Preliminary Thoughts
5.2 The Notion of Contractual Discretion
5.3 The Relevant Case Law
6 The Chinese Law
6.1 Implied Obligation to Act in Reasonable Manner in Chinese Law
6.2 Good Faith Principle in Chinese Law
6.3 Reasonable Requirements in the CMC
6.4 The Mitigation Principle
6.5 The Fairness Principle
7 Conclusion
References
Cases
An Exposé of Canadian Abandoned Vessels and Derelicts´´ Through a Legal Analysis of Doctrinal Silos 1 Introduction 2 Abandonment: A Doctrine of Legal Principles and Components 2.1 Ownership 2.2 Possession: Actual, Constructive and Adverse 2.3 Res Nullius, Occupatio and Bona Vacantia 2.4 Dereliction 2.4.1 Legal Abandonment 2.4.2 Lost Property and Illegitimate Possession 3 Abandoned Vessel and the Doctrine of Abandonment 4 Commentary: Abandonment Through the Lens of Wreck and Derelict Cases 5 Concluding Remarks References Legislation Jurisprudence Secondary Material: Monographs Secondary Material: Chapters and Articles Other Materials Korean Collision Avoidance Rules and Apportionment of Liability 1 Introduction 2 Function of Collision Avoiding Rules in the Damage Compensation 3 Collision Avoiding Rules in Korea 3.1 General 3.2 COLREGS 3.3 The KSSA 3.3.1 Rules in Respect of Vessels in Sight of Each Other 3.3.2 Rules Applicable in Restricted Visibility 3.3.3 Rules in Any Condition of Visibility 3.4 The Open Port Ordinance Act 4 Current Issues in Korean Collision Avoiding Rules 4.1 Ordinary Seamanship 4.2 Vessel Waiting at Sea with Engine Ready 4.3 Vessel at Anchor 4.4 Tug-barge 4.5 Danger of Collision 4.6 Requirement for Vessel to Have Priority 4.7 Legal Status of Cuttlefish-Catching Vessel 4.8 Legal Meaning of Recommended Course 5 Apportionment of Fault Ratio 5.1 Function of KMST 5.2 Guideline for the KMST´s Umpire Regarding Apportionment of Collision Liability 5.2.1 Cases Decided by the KMST with Fault Ratio 5.2.2 Fault Ratio in the KMST and Civil Court 6 Conclusion References The Application of Human Rights and Ethics Principles to Self-protection Measures by the Ship Against Pirates and Armed Robbers 1 Introduction 2 The International Law Relating to Piracy 2.1 UNCLOS 2.2 SUA 2.3 Shortcomings of UNCLOS and SUA 3 Human Rights 3.1 Human Rights Applicable for Seafarers 3.1.1 Self-defence 3.1.2 The Right Not to Be Subjected to Torture or Ill Treatment 3.1.3 The Right to a Safe and Secure Workplace 3.1.4 The Right to Information 3.1.5 The Right to Withdraw from Unsafe Zones 3.2 Human Rights Applicable to Pirates 3.2.1 Gathering Evidence 3.2.2 Interception and Boarding 3.2.3 Detention 4 Ethical Justification of Countermeasures 4.1 Plan 4.1.1 Right to Information 4.1.2 Company Guidance to Master-Ship 4.1.3 Crew Training 4.2 Communicate and Stay Informed 4.3 Avoid 4.3.1 Increase Speed/Rerouting 4.3.2 Region Avoidance 4.4 Detect 4.4.1 CCTV 4.4.2 Optimize Radars 4.5 Deter 4.5.1 Use of Non-lethal Weapons 4.5.2 Photographs 4.5.3 Unarmed Guards 4.5.4 Armed Guards 4.6 Defense: Use of Non-lethal Weapons 5 Conclusion References Cases Blockchain and Bills of Lading: Legal Issues in Perspective 1 Introduction 1.1 Background 1.2 Purpose and Structure 2 Concept of Blockchain Technology 2.1 Definition and Nature 2.2 Key Features of Blockchain Technology 2.2.1 Decentralization 2.2.2 Transparency 2.2.3 Immutability 3 Concept of Smart Contract 4 Blockchain, Smart Contracts and Bills of Lading 5 Blockchain Bill of Lading and Other Electronic Bill of Lading Compared 6 Legal Implications of Blockchain Bill of Lading 6.1 General Legal Framework 6.2 Regulatory Framework 6.3 Legal Issues: Pros and Cons of Blockchain and Smart Contracts 6.3.1 Preliminary Thoughts 6.3.2 Documentation Problems 6.3.3 Transparency 6.3.4 Security and Documentary Fraud 6.3.5 Jurisdiction and Governing Law 6.3.6 Liable Party 6.3.7 Security and Cybercrime Risks 7 Conclusion: Proposal for Consideration References Environmental Challenge in Port Development: The Legal Perspective in Cross-Disciplinary Research 1 Introductory Remarks 2 Constitutional Issues 3 Research on Environmental Differentiated Port Dues 4 Incentives Regarding Port Developments 4.1 Sea Side Incentives 4.2 Land Side Incentives 5 The Swedish Perspective 6 Outlook in Europe 7 Analysis of Findings 8 Final Words References Taxation and Ship Management: A Canadian Case Study 1 Introduction 2 Background: The Common Law Setting 3 Canada´s Current Tax Regime and International Shipping: The Principal Elements 4 Institutional and Other Initiatives 5 General Conclusions and Evaluation References Literature and Other Sources Case Law Legislation The Evolution of Seafarer Education and Training in International Law 1 Introduction: Historical Evolution of Seafarer Education and Training 2 TheInternationalization´´ of Seafarer Education and Training
3 The Role of the Development of Open Registries
4 The Route to the Status Quo of International Law Relating to Seafarer Education and Training
5 Challenges to the International Legal and Administrative Framework of Seafarer Education and Training
6 New Challenges and Opportunities for the Future
7 Conclusion
References
Coastal, Flag and Port State Jurisdictions: Powers and Other Considerations Under UNCLOS
1 Introduction
2 The Coastal State
2.1 Preliminary Observations
2.2 Internal Waters
2.3 Territorial Sea
2.4 Contiguous Zone
2.5 Exclusive Economic Zone
2.6 Continental Shelf
2.7 High Seas
2.8 Ports
2.9 Regime of Warships
2.10 Criminal Jurisdiction of the Coastal State
2.11 Legislative Powers of the Coastal State
2.12 Concluding Remarks
3 The Flag State
3.1 Preliminary Observations
3.2 Flags of Convenience or Open Registries
3.3 Roles, Powers and Responsibilities of the Flag State
3.4 Duties of the Flag State
3.5 Concluding Remarks
4 The Port State
4.1 Preliminary Observations
4.2 Port State Control
4.3 Compliance with International Conventions
4.4 Concluding Remarks
5 Summary and Conclusion
References
Air Pollution, Climate Change, and Port State Control
1 Port State Control: Background and Legal Bases
1.1 UNCLOS
1.2 IMO and ILO Conventions
2 PSC in the Context of Air Pollution Prevention and Climate Change Mitigation
2.1 UNCLOS
2.2 MARPOL Annex VI
2.3 PSC´s Essential Role
3 PSC Implementation and Effectiveness
3.1 Implementation
3.2 Effectiveness
4 Conclusion
References
Conventions and Instruments
A Century of Piracy Treaties: An Overview for the Future
1 Introduction: A Century of Piracy Treaties
2 Background: Bilateral and Multilateral Treaties of the Eighteenth and Nineteenth Centuries
2.1 Draft Piracy Codes
2.2 The Treaty Relating to the Use of Submarines (1922), the Convention on Duties and Rights of States in the Event of Civil S...
2.3 The International Law Commission Draft (1956) and the Geneva Convention on the High Seas (1958)
2.4 The Convention of the Law of the Sea (1982)
2.5 The Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (1988) [SUA Convention] and ...
2.6 Asian Agreements: Early Cooperative Frameworks and the Regional Cooperation Agreement on Combating Piracy and Armed Robber...
2.7 Early African Agreements: The Djibouti Code of Conduct (2009) and the Jeddah Amendment (2017)
2.8 Later African Agreements: The Code of Conduct Concerning the Repression of Piracy, Armed Robbery Against Ships, and Illici...
3 Conclusion: An Overview and the Future
References
Windfall in the Law of Subrogation: Marine Insurance in Motion
1 Introduction
2 Subrogation
2.1 Subrogation and Indemnity
2.1.1 Subrogation, Restitution and Unjust Enrichment
2.1.2 Subrogation, Indemnity and Gift
2.1.3 Subrogation and Abandonment
3 Windfall
3.1 English Case Law
3.2 American Cases
3.3 Critique of the Leading Cases
4 Conclusion
References
Cases
Ship Nationality, Flag States and the Eradication of Substandard Ships: A Critical Analysis
1 Introduction
2 Nationality, Registration and Ownership of Ships: Overview of the Law
2.1 Nationality and Registration
2.2 Types of Registries
2.2.1 The Traditional Closed Registry System
2.2.2 The Open Registry System
2.2.3 The Secondary Registry
2.2.4 The Hybrid Registry
2.2.5 Bareboat Charter Registration
2.3 Ownership and Registration
2.4 Genuine Link
3 Sub-standard Shipping
3.1 Preliminary Observations
3.2 Maritime Safety and Seaworthiness
3.3 Environmental Protection
3.4 Maritime Security
3.5 The Human Element
4 Regulation and Enforcement of Standards: Responsibility and Blame
4.1 Preliminary Remarks
4.2 Coastal State
4.3 Port State
4.4 Industry Controls
4.4.1 Classification Societies
4.4.2 International Safety Management (ISM) Code
4.5 Flag State Implications
5 The Possible Way Forward
5.1 The Premise
5.2 Replacement Regime in the Absence of Ship Nationality and Flag State
6 Conclusion
References
Books and Articles
Cases
Pedagogies and Strategies in International Maritime Business
1 Introduction
2 Maritime Pedagogical Strategies for a Sustainable Industry Future (Maritime Teaching and Learning)
2.1 Defining Pedagogy
2.2 Certain Benefits of Understanding Maritime Pedagogy (History and Culture)
3 Some Examples of Maritime Pedagogy Concerns and Strategies
3.1 Language in Maritime Pedagogy
3.2 Thinking, the Inverted Class Room, Augmented Reality, STEM and Finance in Maritime Pedagogy
4 Challenges in Maritime Pedagogy
5 Practical Applications
6 Conclusion
References
Cyber Risks Insurance in the Maritime Sector: Growing Pains and Legal Problems
1 Introduction
2 Cyber Risks in the Maritime Sector
2.1 Risks Posed for Shipping Companies
2.2 Vulnerabilities in the Maritime Sector
3 Insurance Against Cyber Risks
3.1 A General Overview of the Cyber Risks Insurance Market
3.2 Cyber Risk Cover
3.3 Silent (Non-Affirmative) Cyber Cover
3.4 Cyber Exclusions
4 Conclusions
References
Cases
The Legal Concept and Significance of Clean Shipping Transport Documents
1 Introduction
2 The Nature and Scope of the Carrier´s Duty
2.1 The Basic Obligation
2.2 Standard of Vigilance
2.3 The Test and Packaging
2.4 Condition and Quality of Goods Distinguished
2.5 Time When the Test Is Applied
3 The Preconditions to a Valid Notation
4 Can the Contractual Obligation Be Excluded?
5 Can the Parties Contractually Define When Goods Are to Be Regarded as in Apparent Good Order and Condition´´? 6 The Evidentiary Significance of Documentary Representations 7 Wider Potential Legal Liabilities 8 Final Comment References Liability Insurer´s Right to Limit Liability for Maritime Claims: English and Chinese Law Perspectives 1 Introduction 2 Historical Evolution 3 Basic Characteristics of Limitation of Liability 4 Limitation Regimes Under Conventions 5 Limitation Rights of Insurers and Modalities of Application 5.1 Preliminary Remarks 5.2 The So-Called Parasitical Mode 5.3 The Independent or Separate Identity Mode 6 Comparison of the Two Modalities 6.1 Arguments in Favor of the Parasitical Mode 6.2 Justification for the Independent Mode 7 Harmonization in Convention Law 8 The Position in Chinese Law 9 Summary and Conclusion References Cases Shipowner Protection in the Wake of the Collapse of O.W. Bunker: The Second Circuit Approval of Interpleader Actions in Hapag-... 1 Introduction 1.1 O.W. Bunkers Case: Factual Backgroud 1.2 Purpose 1.3 Structure 2 Background 2.1 Interpleader and Anti-suit Injunctions 2.2 In Rem Actions and the Personification Doctrine 3 The Court´s Decision 4 Analysis of the Decision 5 Conclusion References Cases The International Legal Regime Governing Shipboard LNG 1 Introduction 2 The Regulatory Law Element of Shipboard LNG 2.1 Reduction of Sulphur in Ship Emissions 2.2 The Evolution of the IGF Code 2.3 LNG Carried as Cargo 3 The Private Law Dimension 4 Greenhouse Gas (GHG) Emissions and LNG Implications 5 Concluding Remarks References Intelligent Ships 1 The Concept of Intelligent Ships 2 The Status Quo of Intelligent Ships 3 Key Technologies of Intelligent Ships 3.1 Information Perception Technology 3.2 Communication Navigation Technology 3.3 Energy Efficiency Control Technology 3.4 Route Planning Technique 3.5 State Monitoring and Fault Diagnosis Technology 3.6 Early Warning and Rescue Technology for Distress 3.7 Autonomous Navigation Technology 4 The Epitaxy of Intelligent Ships 5 Legal and Regulatory Issues Faced by the Development of Intelligent Ships References The United Kingdom Tonnage Tax Regime: Compatibility with Relevant European Union Tax Law and Policy 1 Introduction 1.1 Background 1.2 Purpose 2 The Tonnage Tax Phenomenon 2.1 Concept and Historical Development 2.2 Important Elements of Tonnage Tax 3 Tonnage Tax Regime in the UK 3.1 Background 3.2 Tonnage Tax Versus Income Tax in the UK Regime 4 Maritime State Aid 4.1 Preliminary Observations 4.2 Maritime State Aid and Harmful Tax Competition 5 Tax Avoidance in the Context of Tonnage Tax 5.1 UK Tonnage Tax Scheme and Tax Avoidance 5.2 Tax Avoidance and the CFC Rules 6 Compatibility of UK Tonnage Tax Regime with EU Law and Policy 7 Summary and Conclusion References Books, Articles, Judicial Opinion Legislation and Conventions Cases Advisory Jurisdiction of the International Tribunal for the Law of the Sea as a Full Court: Legal Basis and Limits 1 Introduction 1.1 Background 1.2 Purpose and Structure 2 The SRFC Advisory Opinion of 2 April 2015 3 Advisory Jurisdiction of the Full Tribunal: Legal Basis 3.1 Article 288 (2) of UNCLOS 3.2 Article 21 of the ITLOS Statute 3.2.1 Interpretation ofMatters´´
3.2.2 Other Arguments
3.3 Article 138 of ITLOS Rules
3.4 Concluding Remarks
4 Limits on the Advisory Proceedings of ITLOS as a Full Court
4.1 International Agreement Related to the Purposes of the Convention Specifically Provides For´´ 4.2 Scope ofBody´´
4.3 Interpretation of Legal Question´´ 5 Conclusion References Lex Maritima in a Changing World: Development and Prospect of Rules Governing Carriage of Goods by Sea 1 Introduction 2 The Era Shaping the Hague Rules 2.1 Steamships, Opening of Suez Canal, and Liner Conferences (1850s-1900s) 2.2 The Wave of Harter-Style Domestic Legislation Prior to the Hague Rules (1892-1919) 3 The ILA, ICC, Private Participants and a Model Bill of Lading 4 The Era of Successor Rules: Containerisation andPackage´´
5 Rotterdam Rules: The Dawn of the Next Technological Revolution
5.1 Digitalisation and Electronic Commerce
5.2 Multimodal Transport and the Rotterdam Rules
5.2.1 Article 82 of the Rotterdam Rules
5.2.2 Article 26 of the Rotterdam Rules
6 Conclusion
References