Law of the Sea Commons^™

The Role Of The Foreign Cause In The Exemption Of The Marine Carrier From Liability In Accordance With The Rotterdam Rules: A Comparative Legal Study, Mohamed Sayed Harb

UAEU Law Journal

The research revolves around the role of the foreign case in exempting the maritime carrier from liability according to Rotterdam Rules, through which we study the position of the Rotterdam Rules on the foreign cause compared to Egyptian, French and Saudi law. Accordingly, we deal with the definition of the foreign cause and its cases that are consistent with the subject of the study, As well as clarify the extent of the authority maritime carrier to foreign cause to exclude its liability for damage or loss of goods or damage caused by delays in delivery; Beside examine the impact of …

Maritime Collision Under Uae Maritime Law A Comparative Study, A Hassan M

UAEU Law Journal

Despite the vastness of the seas and oceans, and in spite of the technical developments in marine navigation, many maritime collisions among ships and tankers occur. These collisions may be due to various reasons such as the enormous size of modern tankers and ships as well as the high navigation speeds they travel at. However, in our opinion, human error is the main reason behind such collisions.

The result of maritime collisions maybe fatal and may cause enormous financial loss, and in the case of petrol tanker collisions enormous beach and sea pollution maybe the result. Such maritime collisions may …

What Constitutes A “Unit” Or “Package” In Bills Of Lading? )*( A Study Of American, English, Kuwaiti And Emirati Decisions, A Hassan M

UAEU Law Journal

In 1924, the Hague Rules were adopted. The purpose of the Rules was to establish a standardized set of definitions and rules to govern the terms and conditions used in ocean bills of lading. One of its unique provisions limits a carrier's liability for lost or damaged cargo on a “per package or unit” basis; however, the said Rules failed to define the term “package” and “unit” which lead to disputes between carriers and shippers. To resolve their differences, both shippers and carriers heavily litigated the issue of what a “package” and “unit” is for purposes of limiting a carrier's …

Containerized And Palletized Cargo, A Hassan M

UAEU Law Journal

Containerization and Palletization revolutionized the non-bulk and non­liquid carriage of goods trades at sea and changed the simple concept of ‘package’ as the term was probably understood in 1936. Industry began to ship goods, either banded together on pallets or packed in trailer-like containers to be loaded, stowed and unloaded as a ‘unit’. Often the goods being banded or packed were themselves ‘packages’ in the traditional sense of the word. Modern containers are able to hold hundreds of "packages". The very concept of a cargo-hold was transformed when vessels were retrofitted to hold containers, which functionally became part of the …

Maritime Privileges A Study Of Omani And English Law, A Hassan M

UAEU Law Journal

This article compares and analyses maritime liens in Omani and English law. The maritime lien is a unique security existing only on the ship and the freight. It entitles the claimant to a privileged right in a ship. The most important characteristic about the maritime lien is that it comes into existence automatically, without any cause if an action being taken by the claimant such as registration, and, in principle, follows the ship wherever she sails in the world.

Maritime liens secure claims for salvage, seamen's wages, master's wages and disbursements and damage done by ships in both Omani and …

Joint Loss (General Average), A Study Of Emirati Law, York-Antwerp Rules And English Law, A Hassan M

UAEU Law Journal

The rules concerning general average are amongst the oldest in the maritime field. They have their basis in the fact that, during a voyage, the ship, cargo and freight form part of a common venture. The principle underlying the rules is simple. If the common venture comes under threat during a voyage - for instance, because the ship springs a leak and is in danger of sinking - then extraordinary sacrifices and expenditure necessary to prevent the loss of the venture must be apportioned according to the value of each respective interest.

The rules on general average have developed over …

Navigating The Blue Economy, Edward Canuel

William & Mary Environmental Law and Policy Review

The time has come, the Walrus said,

To talk of many things:

Of shoes—and ships—and sealing-wax—

Of cabbages—and kings—

And why the sea is boiling hot—

And whether pigs have wings.

And like the conversation of the Walrus and Carpenter walking along the “wet as wet could be” sea, the blue economy offers us the opportunity to talk of many things. Part I of this Article analyzes what the blue economy is and its relevance. Governance mechanisms, including ecosystem-based management and marine spatial planning are introduced and reviewed. The section discusses the benefits associated with such mechanisms, including streamlined decision-making, …

Ship Mortgage: A Comparative Study Of English And Emirati Law, A Hassan M

UAEU Law Journal

Maritime exploitation requires large sums of money. It is the means or methods resorted to by ship companies to obtain the necessary funds for maritime exploitation is mortgage of the ship. The UAE Maritime Law addressed the maritime mortgage in Articles 97 to 114.

This research aims to shed the light on the maritime mortgage system under UAE law by comparing it with the English law which is considered the most advanced law in this area.

Term Condition In Marine Insurance Of Goods In Light Of The Latest Version Of The Terms Of Marine Insurance: A Comparative Study Between The Jordanian And British Laws, Mahmoud M. Ababneh

UAEU Law Journal

This paper aims to investigate the Term clauses in the marine cargo insurance contract as manifested in the new version issued by the Institute of London Underwriters and Lloyds committees in 2009. The importance of this research comes from the fact that most of the Arab Marine Insurance market, including Jordan, using the Institute Cargo Clauses for insuring the goods is shipped by sea. The term of the insurance cover is a corner stone in the marine insurance contract as it provides the commencement and the cases where the insurance terminates. The complicated dispute between the two parties of the …

Liability Of The Maritime Carrier Towards Passengers, Belal A. Badawy

UAEU Law Journal

Transport is undoubtedly of great importance in passenger’s lives. Not only because it is a legal phenomenon, but also a socio-economic phenomenon across all societies.

This search deals with this topic; it is divided into two sections, the first deals with Cases of the Passengers Carrier’s Liability and its Basis, while the second deals with Area of Responsibility of the Maritime Carrier of Passengers under both of the Egyptian Law and Athens Convention relating to the Carriage of Passengers and their Luggage by Sea.

Ukraine V. The Russian Federation: Navigating Conflict Over Sovereignty Under Unclos, NilüFer Oral

International Law Studies

Following Russia’s annexation of Crimea in 2014, or according to Russia, its accession following a referendum, Ukraine brought several international cases against the Russian Federation, including two cases under Annex VII of UNCLOS: The Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait in 2016 and The Detention of Three Ukrainian Naval Vessels in 2019. At the center of these disputes is the conflict between Ukraine and Russia over sovereignty of Crimea. Russia contested jurisdiction in all cases invoking different exceptions under UNCLOS, including the argument that the dispute concerns sovereignty over Crimea and …

The Uae, The Syrian Maritime Trade Law And The Rotterdam Rules (Convention On Contracts For The International Carriage Of Goods Wholly Or Partly By Sea), Imad Al-Din Abdel-Hai

UAEU Law Journal

If the texts of both the Syrian Maritime Trade Law of 2006, which quoted the Hamburg Rules of 1978 Relating to the Transfer of Goods by Sea, and the texts of the UAE Maritime Trade Law of 1981, which transferred all of the Brussels Treaty of 1924 Relating to the Unification of Certain Shipping Documents, no longer commensurate with the technical developments in the maritime navigation and operations of maritime transport and legal developments, the Rotterdam Rules (Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea), represent a quantum leap not only in the field …

Maritime Police Law Of The People’S Republic Of China, Raul (Pete) Pedrozo

International Law Studies

China’s new Maritime Police Law (MPL) purports to regulate the duties of China’s maritime police agencies, including the China Coast Guard, and safeguard China’s sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China’s maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous …

Encirclement, Deprivation, And Humanity: Revising The San Remo Manual Provisions On Blockade, Tom Dannenbaum

International Law Studies

Among the most pernicious trends in contemporary armed conflict is the return of mass starvation in war, in some cases as its primary source of human suffering. This has prompted a renewed focus on the relevant rules of international humanitarian law (IHL). On some issues, there is relative consensus. On the issue of deprivation by encirclement, however, there is confusion.

Some have questioned whether the prohibition on the starvation of civilians as a method of warfare applies to encirclements at all, particularly in the naval context. Others have interpreted the prohibition vanishingly narrowly. In contrast to the more extreme of …

Maritime Autonomous Surface Ships: New Possibilities—And Challenges—In Ocean Law And Policy, Joel Coito

International Law Studies

Landmark developments in autonomous vessel technology have the potential to deliver economic, environmental, and security benefits on the world’s oceans. Tempering the promise of that future is the stark reality that maritime autonomous surface ships (MASS) challenge the existing international order of the seas. This article examines the promise and perils of MASS in three areas of enduring significance to commercial vessels, naval forces, and industry regulators: search and rescue (SAR), maritime counterdrug operations, and navigational safety. This article concludes that autonomous vessel technology will lead to a superior global regime for maritime SAR operations, enhanced detection and interdiction of …

Questions Relating To The Continental Shelf Beyond 200 Nautical Miles: Delimitation, Delineation, And Revenue Sharing, Helmut Tuerk

International Law Studies

Article 76 UNCLOS provides a new definition of the legal continental shelf, which grants coastal States sovereign rights and jurisdiction extending to the outer edge of the continental margin. The broad-shelf States had to make two compromises to have that provision accepted, that is revenue-sharing for the benefit of the international community with respect to the continental shelf beyond 200 nautical miles, enshrined in Article 82 UNCLOS, and the delineation of the outer limits of the continental shelf beyond that distance “on the basis of” recommendations by the CLCS, in order that these limits may become “final and binding.” In …

The Value And Viability Of The South China Sea Arbitration Ruling: The U.S. Perspective 2016–2020, Jonathan G. Odom

International Law Studies

In 2016, an international arbitral tribunal issued a landmark ruling addressing a number of international law issues in the South China Sea. Yet more than four years have passed since that ruling, and the South China Sea situation remains unresolved. The South China Sea arbitration ruling was a positive step in applying a rules-based approach to framing, managing and resolving some of these international disputes. Thus, the international community should reflect upon the value and viability of the arbitral tribunal’s ruling, to include viewing it from the current perspectives of individual States. This article provides a more detailed review and …

U.S. Freedom Of Navigation Program, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

China's Excessive Maritime Claims, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

U.S. Policy On The South China Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.