Maritime Law Journal №1/2022 | January-February-March 2022

31/3/2022

Журнал МОРСКОЕ ПРАВО 1/2022 – Maritime Law Journal 1/2022

 

The first issue of 2021 covers the period from January to March. The journal highlights the most important maritime law events and reviews the most interesting court cases. Besides, the magazine traditionally reflects statistics of “maritime” cases in the Commercial Courts of the Russian Federation for the period from January through March.

The issue came at a difficult time in history, namely the conflict between Russia and Ukraine. The Russian Maritime Law Association (RUMLA) had issued a statement on the need for a peaceful solution to the conflict. Due to the disagreement with the Association’s position, several members withdrew from the Association. At the same time the Association was featured in the publications of international media such as Ship2Shore and TradeWinds, the world’s most authoritative specialized publication in the field of shipping. The position of the Russian Maritime Law Association was delivered to the Comité Maritime International (CMI). The Italian Maritime Law Association (Associazione Italiana di Diritto Marittimo) and its president Giorgio Berlingieri expressed their support.

For information purposes, we decided to publish the Association’s statement dated 01 March 2022 in compliance with current Russian law. Several members of the editorial board were against the publication and withdrew from the board.
We believe it is important to report all news about the Association’s activities in the journal and we hope for mutual understanding between people.
This issue provides an overview of sanctions in connection to Russian actions in Ukraine, both Russian «special economic measures» and sanctions imposed on Russia by foreign countries.

This issue also summarises the results of the second seminar on judicial sale of ships held on the 01 February 2022.
RUMLA is grateful to Bulat Karimov and Ivan Kobchenko who keep statistics on “maritime” cases. Prior to the publication of the Maritime Law Journal, statistics on “maritime” cases have not been published, as commercial cases were not categorised as “maritime”. However, such categorisation and statistics are important for the industry. In this issue we take a closer look at the case N A70-14648/2021 and comment on how the court qualified demurrage as well as the case N A40-33406/2021 which deals with the limits of liability of a freight forwarder and its counterparties.

In the “Publications” section, the reader will find an article by Konstantin Gnitsevich on the explanations of judicial practice as a product of the 1942 German reform of justice institutions and judicial system. Although the article is not directly related to maritime law, it is highly relevant and of interest to any practicing litigator, including those specialising in maritime law.

One of the hot topics is autonomous shipping. This issue has two articles devoted to it. Anna Arkhipova formulates proposals to precise the terminology of the bill on autonomous shipping, which was introduced to the Duma in December 2021. In particular, its provisions on the classification of autonomous ships, the status of the remote crew, the features of the contract of carriage. The article points out that adoption of the Bill in its current wording, especially without detailed provisions on autonomous vessels’ liability and its insurance, may result in serious problems. Ivan Kobchenko continues the study of the allocation of tortious liability between the shipowner and software developer in the case of harm to third parties due to an error of the artificial intelligence of an autonomous vessel. In part two of the article, the focus of attention shifts to the second of the two previously formulated model situations, namely the infliction of harm due to a ship collision (on the basis of Russian law). Part one of the article dealt with the model situation of harm other than from ship collision and was published in the Maritime Law Journal 4/2021.

A traditional feature of the journal is the review of new literature on maritime law and the law of the sea, and this issue reviews fifteen books published in 2021-2022.

The case reviews and articles, news and reviews of new publications are aimed to have a wide appeal to those with interest in maritime law – attorneys, judges, students, and keep them keep abreast of the developments. We publish articles by academics, practicing lawyers and also by young lawyers to shape a legal community of all generations.

We are happy to contribute to the unification of maritime law in all its aspects!

President of the Russian Maritime Law Association (RUMLA) Konstantin Krasnokutskiy