Law Commons^™

On The Feasibility Of Speed Limits In Ocean Container Shipping, Manwo Ng

Information Technology & Decision Sciences Faculty Publications

The maritime industry is witnessing an increasingly loud call to contribute to the global trend towards environmental sustainability and decarbonization. One possible policy measure is the use of speed limits to reduce harmful emissions from ocean shipping. While the idea of slowing down ships to obey speed limits might seem intuitive, one key distinguishing characteristic of container shipping is that it is designed to adhere to a fixed, typically weekly, sailing schedule. This paper contributes to the literature investigating the feasibility of speed limits by demonstrating that speed limits are not always feasible in container shipping because of the rigid …

How Icebreaking Governance Interacts With Inuit Rights And Livelihoods In Nunavut: A Policy Review, Breanna Bishop, Jade Owen, Lisette Wilson, Tagalik Eccles, Aldo Chircop, Lucia Fanning

Articles, Book Chapters, & Popular Press

Sea ice is a contested space when it comes to navigation in ice-covered regions. For Inuit in Nunavut, Canada, sea ice is an integral platform of coastal connectivity, allowing access to areas of subsistence and cultural value. For vessels transiting Arctic waters, sea ice poses potential risks to vessel, crew, and passenger safety consequently, icebreaking is considered an essential service. Yet, many communities in Nunavut have described icebreaking as having, or potentially having significant negative impacts on community and ecological wellbeing. Several policies regulate and provide guidance to icebreakers operating in ice-covered waters. With anticipated increases to icebreaking demand in …

Principles Of International Law And The Adoption Of A Market-Based Mechanism For Greenhouse Gas Emissions From Shipping, Hillary Aidun, Daniel J. Metzger, Michael B. Gerrard

Faculty Scholarship

Emissions from shipping are a significant driver of human-induced climate change. International action to date has not succeeded in setting those emissions on a sustainable trajectory. The International Maritime Organization has committed to implementing an effective, international approach to tackle international shipping’s contribution to climate change.

This paper considers international law principles, exploring whether and how these principles may provide a basis for the IMO to address those contributions. The polluter pays principle, which counsels that whoever produces pollution should cover the costs their pollution imposes on others, is a doctrine of international law that offers strong support for the …

Regulating Jurisdiction Collisions In International Law: The Case Of The European Court Of Justice's Exclusive Jurisdiction In Law Of The Sea Disputes, Darío Maestro

Michigan Journal of International Law

To maximize their chances of receiving a favorable disposition, claimants often aspire to bring complex disputes to more than one international court. However, doing so may bring their claims under the jurisdiction of more than one branch of international law simultaneously, creating what this note calls a jurisdiction collision. This practice poses a challenge to the cohesion of international adjudication as competing international tribunals, relying on differing precedents, may give differing interpretations to the same rule.

Concentrating on the classical roots of international law and its changing significance over time and within different contexts, this note considers the benefits …

Law School News: Fall 2020 Reopening: The Faq 07-09-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Introduction, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot

Articles, Book Chapters, & Popular Press

This chapter introduces a multidisciplinary collection of chapters addressing various aspects of governance of Arctic shipping written by leading international scholars. It investigates how ocean changes and anthropogenic impacts affect our understanding of risk, policy, management and regulation for safe navigation, environment protection, conflict management between ocean uses, and protection of Indigenous peoples’ interests in Canadian Arctic waters. The book is divided in three parts, together providing a multi-faceted and interdisciplinary view on governance of Arctic shipping. The first part addresses conceptual and empirical aspects of risk governance, management, and assessment in the Canadian Arctic. The second part focuses on …

Law School News: A Busy, Busy Time In Admiralty Law 10-18-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Ballasted: Stabilizing Ships And Destabilizing Seas, Tracie S. Barry

Access*: Interdisciplinary Journal of Student Research and Scholarship

This article critically assesses the history of ballast water as a vector for invasive species, management, current regulations and technological advancements in water treatment. The transport of invasive species is a global threat to ecosystems as well as economies. Ballast water, used to stabilize ships has been implicated in the spread of invasive species, including zebra mussels and harmful algal species. In 2017, the International Convention for the Control of and Management of Ship’s Ballast water and Sediments, in an effort to mitigate the spread of invasive species was entered into force. However, at the same time legislation was presented …

Decarbonizing International Shipping: Potential Roles Of The Imo’S Initial Strategy And The Un Climate Regime, Meinhard Doelle, Aldo Chircop

Articles, Book Chapters, & Popular Press

This article assesses the IMO’s 2018 Strategy to reduce GHG emissions from international shipping in light of the long-term goals of the Paris Climate Agreement, and considers its ambition, adequacy and effectiveness in ensuring a fair contribution to the global decarbonization effort. The article proceeds in four parts. In Part 1, we offer a brief history of efforts to reduce emissions from international shipping under the UN Climate Regime. This is followed in Part 2 with a similar overview of historical efforts under the IMO. In Part 3, we discuss the key elements of the 2018 IMO Strategy, followed by …

Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev

Georgia Journal of International & Comparative Law

No abstract provided.

S16rs Sgfb No. 12 (Igv Comp), David Lawrence, Gabrielle Triche

Student Senate Enrolled Legislation

No abstract provided.

Unpacking The Compensatory Principle: Causation, Mitigation, Certainty Of Loss And Remoteness: The Mtm Hong Kong, Yihan Goh, Man Yip

Research Collection Yong Pung How School Of Law

The High Court decision of Louis Dreyfus Commodities Suisse SA v MT Maritime Management BV (The MTM Hong Kong) affirms that the compensatory principle mandates the assessment of actual loss resulting from the breach of a charterparty. Owing to the unexpected delay in obtaining a substitute charter after the original charterers had repudiated the charterparty. The MTM Hong Kong raised a previously unconsidered issue: is the court allowed to take into account the vessel owners’ losses occurring after the date that the charter voyage would have been completed? Under the Smith v McGuire measure of compensation, an owner is conventionally …

F15rs Sgfb No. 4 (Scantrons & Bluebooks), Lagrange, Alexandra De Gravelle, Abishek Stanley

Student Senate Enrolled Legislation

No abstract provided.

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

Taxation Aspects Of Foreign Investments In India, Udai V. Singh

Georgia Journal of International & Comparative Law

No abstract provided.

Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare

Catholic University Law Review

In 1927, the United States Congress passed the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation coverage to maritime workers injured outside the purview of state workers’ compensation laws. Rigid judicial interpretation of the original Act, however, led to inequitable outcomes in the maritime industry. Workers neither on land nor on the water when injured could not claim workers’ compensation benefits under state or federal laws. The 1972 amendments to the LHWCA sought to cure this inequity. The amended Act included a situs requirement. This Comment analyzes the most important judicial interpretations of the situs requirement of …

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman

Georgia Journal of International & Comparative Law

No abstract provided.

China’S Role In The Changing Governance Of Arctic Shipping, Nengye Liu

Research Collection Yong Pung How School Of Law

This paper explores the role that China could play in the development of an effective international legal system for the governance of Arctic shipping. The first part describes the current international legal regime applicable to shipping activities in the Arctic. The second assesses China's relations with the United Nations Convention on the Law of the Sea (UNCLOS), the International Maritime Organization (IMO) and the Arctic Council. China's potential contribution to the governance of Arctic shipping is addressed in the final part.

Lines Across The Sea: Trans-Pacific Passenger Shipping In The Age Of Steam, Frances Steel

Frances Steel

Empires were shaped by interactions across borders. The movement and exhange of people and goods have always been central to historical work on empire, but it is only in recent years that explicit discussion of imperial networks across terrestrial and oceanic space has come to the forefront of history writing. This is explained in part by a growing interest in the relationship between imperial spatial forms and the historical roots of globalistion. The main focus of analysis has tended to lie with the places connected and shaped by multiple and overlapping trajectories. There is scope to extend our understanding of …

Operational Responses To Piracy -- A First Principles Approach, Mark Sloan

Case Western Reserve Journal of International Law

No abstract provided.

Maritime Piracy: A Sustainable Global Solution, Paul R. Williams, Lowry Pressly

Case Western Reserve Journal of International Law

No abstract provided.

Juvenile Pirates: "Lost Boys" Or Violent Criminals?, Milena Sterio

Case Western Reserve Journal of International Law

No abstract provided.

Rules Of Engagement And Legal Frameworks For Multinational Counter-Piracy Operations, Laurie R. Blank

Case Western Reserve Journal of International Law

No abstract provided.

Somali Piracy -- Are We At The End Game?, Jon Huggins, Liza Kane-Hartnett

Case Western Reserve Journal of International Law

No abstract provided.

Greenhouse Gas Emissions From International Shipping: The Response From China's Shipping Industry To The Regulatory Iinitiatives Of The International Maritime Organization, Yubing Shi

Faculty of Law, Humanities and the Arts - Papers (Archive)

The International Maritime Organization (IMO) received its mandate to regulate shipping greenhouse gas (GHG) emissions from the Kyoto Protocol. However, the IMO Convention and the UN Convention on the Law of the Sea also provide it with competence in this area. In exercising its mandate, the IMO has developed regulatory initiatives. China’s shipping industry is playing a growing role in the international shipping market, and its response to these initiatives will have a substantial effect on the future application of these regulations. This article analyses the GHG mandate of the IMO, examines the main outcomes achieved within the organization on …

Assessment Of The Maritime Legislative Regulatory Framework Relating To The Jamaica Logistics Hub With Special Reference To Selected Contemporary Maritime Issues, Deniece Melissa Aiken

World Maritime University Dissertations

No abstract provided.

Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation In The Arctic, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.

Will The Rotterdam Rules Be Accepted? A Liner Cargo Interest Perspective, Mary Brooks, Jason Mackey

Dalhousie Law Journal

The paper begins with some background on modern liner shipping and cargo interest perspectives before considering the Rotterdam Rules 2008 (The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea), which could ultimately replace Canada's existing carriage of goods legislation. The authors explore the key issues arising from the implementation of the Rules, and discuss why, from a manufactured goods perspective, there will likely be limited acceptance by cargo owners. They conclude that the gains made in the areas of electronic documentation and greater clarity on delay, as well as altered limits of liability do …