RUSSIAN MARITIME LAW ASSOCIATION

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New maritime law literature — reviews from every issue of the journal, collected on a single page. Once there is more material the page can be split by year.

214 publications · 479 thousand words

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Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW AND THE LAW OF THE SEA

1. Sharma, S. (2026). A Practical Guide to Actions Brought by the Maritime and Coastguard Agency. Law Brief Publishing.

This book offers comprehensive and practical insight into the enforcement powers of the Maritime and Coastguard Agency (“MCA”). It demystifies a complex and often overlooked area of law, clearly explaining how maritime legislation is applied, enforced, and prosecuted across the UK and beyond. Combining detailed legal analysis with practical guidance, this work goes beyond theory to explore the full spectrum of MCA enforcement–from pollution and collision regulations to unsafe operations and corporate liability. It highlights key legislation, procedural considerations and enforcement strategies, providing invaluable clarity on how investigations are conducted and prosecutions are pursued.

2. Bublik, V. A. (Ed.). (2026). Current Issues in the Legal Regulation of maritime Transport Activities: A Collection of Articles. Statut.

This book is a collection of academic articles addressing key issues of the legal regulation of maritime transport and logistics activities. The authors analyse contemporary challenges of the digitalisation of logistics processes, the need to harmonise national and international legislation, the development of uniform safety standards for the carriage of cargo and passengers, and the procedures for holding carriers liable in the context of the use of autonomous vessels. In addition, the book examines the specific features of the legal regulation of seaport operations and the use of electronic documentation in the carriage of cargo by sea.

3. Kilpatrick, R. L., Jr. (2026). Geopolitical Disruption in Shipping: Sanctions, War, and Force Majeure. Hart Publishing.

Geopolitical volatility in the modern world is generating physical and economic obstacles that are disrupting shipping activities and causing disputes that raise fundamental questions of commercial law. Studying this phenomenon by exploring common themes among varied dimensions of business disruption, this book first surveys physical disruption to shipping activities across the categories of war, unrest and piracy. It then turns to the purely economic disruption caused by sanctions and alternative forms of statecraft deployed in “trade wars”. The book examines each of these categories by highlighting geopolitical and regulatory context, assessing industry adaptations, and analysing cross-jurisdictional case law to gather insight into the contractual rights and responsibilities impacted by these scenarios.

4. Mansell, J. N. K. (2026). International Merchant Shipping Law: Development of Law for the Safety of Ships, Welfare of Seafarers, and Protection of the Marine Environment. Ethics International Press.

This book complements the author»s previous two books and completes a previously uncompiled trilogy dealing with regulation of ships and seafarers from the early nineteenth century. In particular, the international safety standards developed through a series of Safety of Life at Sea Conventions, subsequent to long-forgotten disasters at sea, during the twentieth century, and the formation of international regulatory organisations for safety, prevention of marine pollution and the welfare of seafarers.

5. Roche, C., Davansant, F., Gibout, C., & Guiziou, F. H. (Eds.). (2026). International Straits: A Multidisciplinary Approach. Brill Nijhoff.

Around 90 % of international trade (in terms of tonnage) is carried out by sea, and these flows use the many natural or man-made straits (maritime and transoceanic canals). As both transverse and longitudinal passageways, straits play a fundamental role in maritime relations. This book takes a multidisciplinary and international approach to the Straits: legal, geographical, historical, environmental, economic and geopolitical. It examines their functions and the issues associated with them, both now and in the past, using specific examples: Artics, Dover, Gibraltar, Hormuz, Kerch, Malacca, Messina, Oresund, etc.

6. Choi, J. (Ed.). (2026). Public Maritime Law in Asia. Springer.

This book is a scholarly compilation that explores the diverse and evolving landscape of public maritime law across Asia. It provides an in-depth analysis of key legislative frameworks, safety and security measures, marine environmental governance, and seafarer welfare within the region. Divided into four thematic sections– Public Maritime Legislations, securing Maritime Safety, Prevention of Vessel-Source Pollution, and Seafarer Rights–the book features contributions from esteemed academics and professionals across Asia. It offers country-specific insights, comparative analyses, and case studies from nations such as South Korea, China, Vietnam, Mongolia, Singapore, and others. The work aims to highlight the unique challenges faced by Asian countries while addressing global maritime issues such as environmental sustainability, safety regulations, and human rights.

7. Pepłowska-Dąbrowska, Z., Vio, I. (Eds.). (2026). Regulating unmanned Vessels: Emerging Solutions. Informa Law from Routledge.

While the technology on crewless ships (Maritime Autonomous Surface Ships, MASS) develops rapidly, the legal framework requires revisions to accommodate this new phenomenon. Although there is a broad understanding that there are no substantial barriers to the operation of MASS in legal terms, there is a need for a thorough revision process to provide for a proper regulatory framework. Future regulation should be based on several principles, including protecting the rights of victims of MASS operations and preserving the maritime environment, but, on the other hand, it should not hinder the development of technology and new industries. This book proposes regulatory solutions to the problems arising from MASS operations, carefully balancing the interests of many, at times new, parties involved.

8. Anggadi, F. (2026). Sea-Level rise and the Legal Stability of Maritime Zones. Oxford University Press.

Under the United Nations Convention on the Law of the Sea (UNCLOS), a State’s maritime zones and the rights they confer are tied to its land territory. As climate change accelerates coastal erosion and inundation, traditional assumptions suggest these entitlements could shrink or disappear, with profound implications for access to marine resources. This book explores the development of a new legal perspective that supports the preservation of maritime zones despite rising sea levels. It advances a contemporary interpretation of UNCLOS, drawing on a broad spectrum of state practice as reflected in international declarations and domestic legislation. Through systematic analysis of this evidence within the framework of treaty interpretation, the author consolidates the doctrinal basis for the view that the preservation of maritime zones may be achieved through interpreting existing provisions of UNCLOS, rather than requiring a treaty amendment.

9. Rainey, S. (2026). The Law of Tug and Tow and Offshore Contracts (5th ed.). Informa Law from Routledge.

This book is the only modern work on the law of towage and offshore vessel services, providing a comprehensive and extensively researched account of the general law coupled with a detailed clause-by-clause commentary and analysis of all the major standard contracts used in the international offshore, towage and heavylift sectors. The book provides expert coverage of the BIMCO Towcon, Towhire, Supplytime and Heavylift forms, the full suite of BIMCO Wreck Removal forms and the BIMCO Bargehire form, as well as the ISU Salvcon and Salvhire forms in their latest versions. Given the continued use of older forms, a comparison of the previous with the latest forms is an essential characteristic of the work. This fifth edition has been fully updated and revised to take into account the new contracts and forms.

The review was prepared by Ivan Kobchenko

Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW AND THE LAW OF THE SEA

1. Schoenbaum, T.J. (2026). Admiralty and maritime law (7th ed.). West Academic Publishing.

This Hornbook is a handy, streamlined one-volume abridgement of Schoenbaum’s comprehensive Practitioners’ treatise on Admiralty and Maritime Law. The book covers the essential topics of jurisdiction, admiralty rules and practice, maritime torts, seamen’s remedies, maritime workers’ compensation, carriage of goods by sea in international trade, charter parties, towage, pilotage, salvage, collision and limitation of liability. This book places emphasis on the international aspects of maritime law. For this edition the author has reorganised and rewritten most of the sections as well as added important new sections. Every effort was made to analyse and cite every new and recent case on admiralty law up to the time of publication.

2. Richards, D. (2026). Cargo claims: the essential guide. Informa Law from Routledge.

This book examines every aspect of cargo claims from a legal and practical perspective and complements other legal textbooks which specialise in bills of lading or charterparties. Following the life of a typical cargo claim, the book analyses the basis upon which carriers face liability for cargo loss and damage; the law on delay and deviation; cargo interests’ responsibilities for the cargo they ship; defences to cargo claims; the role of cargo insurers and subrogation; P&I cover for cargo claims; and the recovery options available to a carrier facing a cargo liability. It also includes a detailed clause-by-clause commentary on the Inter-Club Agreement.

3. Soyer, B. (Ed.). (2025). Commercial insurance law: emerging trends and new perspectives. Informa Law from Routledge.

This edited volume explores key developments in commercial insurance law, examining both doctrinal issues and their relationship with real-world market practice. It also addresses emerging trends, offering a contemporary perspective on how insurance law is evolving in response to legal, technological, and global changes. The discussion ranges across national and international contexts. The book is divided into four parts. The first parts analyse recent statutory and judicial developments in English law, assessing their impact on market practice. The authors also explore niche insurance sectors and comparative law perspectives. The third part focuses on technology-driven developments and the legal questions they raise. The final part addresses post-settlement issues, such as subrogation and the rights of assignees. In this area, longstanding principles have recently been tested in courts, yielding some unexpected – and practically significant – outcomes.

4. Dogan, F. (2026). Cyber-worthiness in shipping: law, regulation and practice. Informa Law from Routledge.

This book explores the legal and operational implications of Maritime Autonomous Surface Ships (MASS) and the increasing reliance on digital systems in modern shipping. While automation and digitalisation enhance efficiency and safety, they also introduce unprecedented cyber risks that threaten global supply chains, financial stability and regulatory compliance. Redefining the concept of seaworthiness by incorporating cyber-worthiness and communication-worthiness, this book ensures that vessels are not only physically fit for sea travel but also resilient against cyber threats and equipped with secure communication systems. By analysing international regulations such as UNCLOS, SOLAS, STCW, and marine insurance frameworks, the book identifies critical legal gaps and proposes necessary updates to align with the digital age.

5. Zanella, T.V. (2026). Law of the sea and maritime security. Routledge.

This book provides an accessible and detailed examination of the intricate legal frameworks governing maritime security and jurisdiction at sea, systematically exploring the impact of key international law concepts on maritime security. Divided into three parts, the first section guides readers through maritime zones, from internal waters to the high seas, clarifying the legal rights and responsibilities of coastal and flag states as established in combating maritime crimes. The second part addresses contemporary maritime crimes, such as piracy, drug and human trafficking, migrant smuggling, terrorism and environmental offences, providing practical insights into international legal regulations and enforcement mechanisms. Finally, the third part explores the lawful use of force at sea and examines the increasing overlap between maritime law enforcement and human rights obligations.

6. Esu, R. (2026). Managing legal risks in voyage charterparties for autonomous ships. Informa Law from Routledge.

This book explores the legal challenges posed by autonomous shipping within the framework of voyage charters, focusing on the key contractual obligations of seaworthiness, care for cargo, and deviation. Traditionally, these obligations have assumed the presence of a human crew. Autonomous vessels challenge these established legal norms, requiring a re-evaluation of how liability is determined and shared between shipowners and charterers. This book sets out to redefine the shipowner-charterer dynamic, offering a thorough analysis of how the absence or reduction of human presence aboard vessels affects the fulfilment of traditional maritime obligations. It distinguishes itself by avoiding the common focus on regulatory matters. Instead, it provides a detailed exploration of the contractual relationships between shipowners and charterers, considering both commercial and technical dimensions. It addresses the necessity for adaptation in response to the rise of Maritime Autonomous Surface Ships (MASS) and offers practical guidance on how such adaptation should be approached.

7. Kraska, J., Lagdami, K. (Eds.). (2026). Marine technology, ocean development and the law of the sea. Cambridge University Press.

This volume examines how advancements in information technology and biotechnology are influencing the evolution of ocean law and policy. These technologies, including blockchain, satellite and submarine cable communications, nuclear power at sea, seabed mining, underwater archaeology, marine genetics, and decarbonization, are changing the architecture of ocean governance. This volume explores both the opportunities and challenges these advancements pose to the law of the sea, which is evolving to adapt to ever accelerating rates of global change. Looking forward, the book considers the role of the law of the sea in the future of ocean governance.

8. Hudson, B. (2026). Maritime law: a handbook of admiralty jurisdiction, shipping, and the law of the sea. Independently published.

This book offers a clear, authoritative, and engaging guide to maritime law, designed to make a complex subject accessible without sacrificing depth or precision. Covering everything from admiralty jurisdiction, ship ownership, charterparties, carriage of goods, marine insurance, and maritime claims to contemporary issues such as environmental protection, maritime security, digitalization, autonomous vessels, and climate change regulation, this book provides a complete and structured overview of the field. Each chapter explains not only what the law is, but why it exists and how it operates in real maritime practice.

9. Zimenkova, O.N., Maistrenko, A.G., & Tarikanov, D. V. (Eds.). (2026). Property rights and their protection. Maritime law: a collection of articles in honour of the 75th birthday of Natalya Georgievna Markalova. Statut.

This book is a celebratory collection of articles honouring the 75th birthday of Natalya Georgievna Markalova, PhD, Associate Professor and Head of the Civil and Business Law Department at the All-Russian Academy of Foreign Trade, one of Russia’s leading researchers and practitioners in maritime and banking law. The included articles were authored by academics from the All-Russian Academy of Foreign Trade (VAVT), the Moscow State Institute of International Relations (MGIMO), the M. V. Lomonosov Moscow State University (MSU), the O. E. Kutafin Moscow State Law University (MSAL), the Patrice Lumumba People’s Friendship University of Russia (RUDN), and Belarusian State University, all of whom are linked to the honouree through professional interests and personal friendships. The articles cover issues relating to shipping law, civil and business law, family law, copyright law, labour law, civil and commercial proceedings and arbitration, international trade law, private international law and public international law.

10. Serdy, А., Lalonde, S. (Eds.). (2026). Research handbook on the law of the sea. Edward Elgar Publishing.

In light of the challenges facing the United Nations Convention on the Law of the Sea and its implementing agreements, this Research Handbook explores how issues including climate change, technological developments and increasing geopolitical instability threaten our seas. Contributing authors undertake a comprehensive examination of the foundational regimes outlined in the law of the sea, from traditional rules such as the freedom of navigation on the high seas, to emerging developments such as the issue of unmanned ships. Chapters cover key themes, namely the spatial and substantive limits of maritime zones, the new challenges in navigating the high seas regime, the legal regime for the seabed, emerging issues and litigating the law of the sea. Addressing 19 distinct challenges, both classic and contemporary, this book debates whether the existing laws of the sea are still relevant and effective, or whether they require adaptation and revision.

11. Van Houte, P.M. (2025). Russian’s shadow fleets on the high seas: why unilateral seizures violate international law. Independently published.

This groundbreaking study delivers a rigorous, officer-level analysis of the international legal framework governing maritime operations in an era of hybrid conflict. Drawing on UNCLOS, the UN Charter, and the laws of armed conflict, it dismantles the political rhetoric surrounding the “shadow fleet” and shows why most proposed high-seas seizures are not only reckless but plainly unlawful. From Hugo Grotius and the foundations of freedom of the seas, through modern UNCLOS enforcement provisions, to the complex interplay of neutrality, flag-state jurisdiction, and hybrid naval operations, this book provides a comprehensive legal and strategic roadmap. It demonstrates that unilateral maritime seizures risk escalation, liability, and even war, while outlining lawful, non-kinetic alternatives available to policymakers and naval planners.

12. Grant, T.D. (2026). Sovereignty disputes and the United Nations Convention on the Law of the Sea: a public order perspective. Manchester University Press.

Because maritime questions are often admixed with territorial sovereignty questions, parties sometimes seek to settle them together. Jurisdiction under the United Nations Convention on the Law of the Sea – UNCLOS – according to the received view does not encompass disputes concerning territorial sovereignty. In this book, the author argues that the received view overstates the exclusion of sovereignty disputes. In Coastal State Rights, UNCLOS Annex VII arbitrators overstated the scope of the term ‘sovereignty dispute’ as well, an error of definition compounded when they ignored evidence probative as to whether a sovereignty dispute exists. Examining UNCLOS, its drafting history, and decades of decided cases, this book relates an important problem of international dispute settlement to the public order of which UNCLOS forms part.

The review was prepared by Ivan Kobchenko

Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW AND THE LAW OF THE SEA

1. Zhuo, R. (2025). A comparative study of international, U.S., and Chinese ship-source hazardous substances pollution: prevention, control, response, and compensation. Routledge.

The book systematically discusses how to better regulate and reduce ship-source hazardous substances pollution. It analyses international, U.S., and Chinese laws and regulations from the perspectives of pollution prevention and control, emergency response and environmental remediation, and liability and compensation for damage. Through case studies of major ship-source hazardous substances pollution incidents in the United States and China, the author concludes that prevention, control, and response measures must be considered alongside conflicts between pollution control objectives and other economic, social, and political constraints.

2. Leucci, P. (Ed.). (2025). ASCOMARE yearbook on the law of the sea, 2024. Volume 4: humanity across the waves – rethinking the law of the sea through a human rights lens. Luglio Editore.

The Associazione di Consulenza in Diritto del Mare (ASCOMARE) is pleased to present the fourth volume of its Yearbook series on the Law of the Sea, which brings together contributions from distinguished international academics and practitioners. The volume explores the extent to which the law of the sea contributes, constructively or otherwise, to the development, application, and potential reconfiguration of collective frameworks for the protection of fundamental rights, including in areas not traditionally associated with the maritime domain.

3. Kapogianni, V., Loefflad, E. (Eds.). (2025). Genocide and the ocean: law, history and genocidal realities beyond borders and beneath waves. Routledge.

This collection explores the intricate legal, conceptual, and material relationship between genocide and the ocean. Traversing a wide range of topics, it brings into conversation numerous legal regimes that are too rarely considered in relation to one another – including, but not limited to, the international legal regime on genocide, international human rights and refugee law, the law of the sea, international cultural heritage law and environmental law, the law of self-determination, and the criminality of maritime violence. Recognising that the relationship between genocide and the ocean exceeds what law alone can comprehensively capture through its own internal logic, contributors move beyond traditional doctrinal analysis to engage interdisciplinary perspectives.

4. Jubaidi, D., Khoirunnisa, K. (2025). Legal navigation in sea transportation. Cambridge Scholars Publishing.

This book provides a comprehensive exploration of the legal landscape surrounding the transportation of goods by sea, with a focus on the use of Letters of Indemnity (LoI) and Bills of Lading. This book aims to bridge the gap between legal theory and maritime business practice, shedding light on the challenges and complexities faced by shippers, carriers, and consignees in the application of these essential documents. The primary objectives are to analyse the regulatory frameworks governing ocean freight both internationally and nationally and to understand the legal implications of LoIs and Bills of Lading in maritime transport. This book uses a mixed-methodology approach, combining case studies, legal analysis, and industry examples to offer practical insights.

5. Krabbe, N., Langlet, D. (Eds.). (2025). Marine bioprospecting, biodiversity and novel uses of ocean resources: new approaches in international law. Hart Publishing.

Human use of marine resources is changing, as is the marine environment itself, and our understanding of marine ecosystems and biodiversity is developing. This open access book explores the challenges this raises for legal regimes pertaining to the oceans and their domestic implementation. It engages with developments in areas such as bioprospecting, fisheries, deep-sea mining and shipping. Several case studies discuss genetic resources and the implications of the new UN Agreement on marine biological diversity of areas beyond national jurisdiction. A team of experts suggest new approaches to questions of interpretation, established management principles, and institutional relationships. Not limiting their scope to the international law of the sea, they also examine international environmental law, intellectual property rights, and domestic law.

6. Tettenborn, A., Kimbell, J. KC (Eds.). (2025). Marsden and Gault on collisions at sea (16th ed.). Sweet & Maxwell.

This book serves as an in-depth guide to the specialist and self-contained area of Collision and Loss in maritime law, examining recent cases and convention developments. The commentary proceeds seamlessly from navigational fault and the interpretation of the Collision Regulations towards special liability regimes and pollution. Updates to the 16th edition include important developments in the law of limitation; changes in the rules on jurisdiction; developments in the law of damages relevant to collisions; the new rules on collision statements of case; amendments to the Collision Regulations. The 16th edition also covers all relevant cases.

7. Zhan, X., Zhang, P. (2025). Off-hire in merchant shipping: law and practice. Informa Law from Routledge.

The book provides valuable insights into the mechanisms used to allocate losses resulting from delays and the contractual provisions governing these situations. For practitioners, this book solves the problem of navigating the complexities of off-hire clauses in maritime contracts by presenting the information in an accessible manner. It equips them with the knowledge required to effectively manage disputes, understand the rights and obligations of involved parties, and ensure the smooth operation of commercial relationships.

8. Tavakkoli, N. (2025). Regulatory challenges of ship-source pollution: where EU legislation meets international law. Nomos Verlags.

The EU has been an advocate for stricter regulations on ship-source pollution, adopting its own legislation, where international efforts have been deemed insufficient. This book explores the implications of the single largest regional organisation regulating a field as inherently global as international shipping, while diverging from internationally agreed standards. Three case studies that blend academic analysis and practical insights show that EU legislation on ship-source pollution challenges the boundaries of international law. Avoiding to address their compatibility and possible conflicts with international law adequately reflects on the EU’s credibility as a global player and the legitimacy of its rule-making.

9. Fornalé, E. (Ed.). (2025). Sea level rise: implications for human rights, security, and peace. Palgrave Macmillan.

This open access book explores the human rights implications of sea level rise. The recent data confirms that the global average sea level will continue to rise and to make coastal zones less habitable or uninhabitable. Furthermore, these changes are increasing human mobility at the domestic and international level. Against these challenges, the book explores how international law is changing in light of common concerns. For the first time, it offers a reflection on the application of the innovative human rights-justification theory (as being developed in the ongoing Horizon Europe ‘Human Rights Justification’ project) in this field by exploring the States’ use of justifications in interpreting their protective duties and in adopting climate measures. The book is structured around three thematic sessions: I) Sea Level Rise, Stability and Security; II) Sea Level Rise and the Rights of Affected Population; III) Sea Level Rise: New Developments at International Level.

10. Mossop, J., Freestone, D. (Eds.). (2025). The Agreement on Marine Biodiversity of Areas beyond National Jurisdiction: commentary and analysis. Oxford University Press.

The long-awaited Agreement under the United Nations Convention on the Law on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) was finalised by the United Nations in 2023. This historic agreement impacts how States conduct activities in areas beyond national jurisdiction (the High Seas and Deep Seabed) while also promoting collaboration and coordination among various international organizations. This authoritative reference work brings together a range of international experts directly involved in the negotiations of the BBNJ Agreement to provide commentary and analysis. It offers a background to the development of the BBNJ Agreement, explores the negotiations that led to the final text, provides article-by-article commentary and analyzes the potential issues that States will need to navigate to ensure the Agreement is implemented successfully.

11. Arrese, D. (2025). The autonomy of maritime spaces. Brill Nijhoff.

The law of the sea is dominated by a private property paradigm that portrays coastal states’ maritime spaces as mere appurtenances of a state’s land territory. This paradigm underlies a prominent interpretation of UNCLOS, which holds that maritime spaces are unstable and contingent upon the movements of the coast. This view, however, poses serious threats to the legal order of the oceans, especially in the face of climate change-induced sea-level rise. By contrast, this book advances that maritime spaces can be conceived as autonomous, that is, independent of the land’s physical changes and as part of the coastal state’s territory.

12. Levy, S., Watson, P. (2025). The only flag worth flying: direct action and the enforcement of international marine conservation law. CRC Press.

The subject of international environmental law is fraught with debate over its legitimacy and efficacy. If laws without enforcement are merely good advice, then how can the environment be meaningfully protected by international legal institutions? This book examines that question through the lens of marine conservation, focusing on the Sea Shepherd Conservation Society (SSCS) and the Captain Paul Watson Foundation (CPWF) as non-state actors intervening directly to enforce international marine conservation laws.

The review was prepared by Ivan Kobchenko

Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW AND THE LAW OF THE SEA

1. Li, Y. (2025). Determining outer limits of the continental shelf. Edward Elgar Publishing.

This book analyses the determination of outer limits of the continental shelf as provided in the 1982 United Nations Convention on the Law of the Sea, exploring its application under the influence of the Commission on the Limits of the Continental Shelf (CLCS). The author illustrates how the CLCS has not efficiently achieved its aim of supporting states determining the outer limits of the continental shelf. She examines the central rules adopted by the CLCS, and reflects on their practical application and the problems they engender. The book provides a comprehensive analysis of how States have responded to the recommendations issued by the CLCS, assessing the impact of the work of the CLCS on coastal States. It further investigates the relationship between the CLCS as a scientific body and international judicial bodies by examining legal decisions concerning the delimitation of the continental shelf beyond 200 nautical miles adopted by the latter in the absence of recommendations.

2. Siekiera, J. (2025). International law and security in Indo-Pacific: strategic design for the region. Routledge.

This book uses an interdisciplinary approach to discuss international law and conflict in the Indo-Pacific region, covering topics such as maritime security, climate change and international relations. Detailing how international relations and particular state interests govern regional and global partnerships, the book provides suggestions for the future of the Indo-Pacific region. Exploring how conflict within the region has international repercussions, topics covered include the role of South-East Asian countries, and the role of statehood of small islands in Oceania. Detailing harmonization of laws and policies in the context of international security and maritime law, the book focuses on the impact of climate change and other topical issues such as cyber security and the protection of cultural identity.

3. Firinciogullari, F. (2025). Maritime insurance and the law: legal action against Protection and Indemnity Club. Routledge.

This book provides a comprehensive examination of direct-action rights within Protection and Indemnity (P&I) Clubs, a cornerstone of the maritime industry, providing robust insights into the interplay of legal frameworks and maritime insurance in an increasingly globalized industry. P&I Clubs provide shipowners with extensive liability coverage under rules largely governed by English law due to its global maritime influence. Through a comparative analysis of English and Turkish legal approaches, the book examines how these differing frameworks affect the development and functioning of P&I insurance. It highlights critical disparities in the legal treatment of direct action against P&I Clubs, shedding light on their implications for maritime insurance policy, practice, and industry growth. It also covers the unique principles that distinguish P&I Clubs from other types of liability insurance. Additionally, the book offers recommendations for harmonizing national legal systems with P&I Club rules.

4. Winslow, T.W. (2025). Maritime law. Here I Am Publishing.

This book offers a systematic and comprehensive overview of modern maritime law, paying particular attention to its key institutions and mechanisms for regulating activities in navigable waters. The publication considers maritime (admiralty) law as a specialised legal system governing activities on the high seas, in the oceans, as well as on navigable rivers and lakes. The book can serve as a starting point for understanding the role and significance of maritime law in the legal system and its application in a variety of jurisdictions.

5. Thomas, D.R. (Ed.). (2025). The Beijing Convention on the Judicial Sales of Ships. Informa Law from Routledge.

Focusing solely on the UN Convention on the International Effects of Judicial Sales of Ships 2023 (the ‘Beijing Convention’), readers of this unique book will gain a full and detailed understanding of the way the Convention functions, its areas of difficulty and ambiguity, and how it relates to present law in common law and civilian jurisdictions, as well as to other related international conventions. It will directly enable States to be better informed in deciding whether or not to adopt the Convention. Providing a full and detailed account of why the Beijing Convention was considered desirable, and the development of the Convention within the CMI and UNCITRAL, this edited book conveys to readers the philosophy and core principles of the Convention. It presents a detailed, expert analysis of the precise provisions of the Convention and an understanding of how the Convention relates to existing maritime jurisdictional traditions, namely Admiralty in the common law, ship arrest in civilian jurisdictions, and Admiralty in the USA.

6. Cremean, D.J. (2025). The law and practice of maritime liens. Informa Law from Routledge.

This book provides a single, up-to-date, accessible and comprehensive source to explain the complex area of maritime liens and its implications for all parties in the maritime industry, and beyond, in each of the jurisdictions concerned. The author introduces the meaning and functions of maritime liens, as well as the jurisdictions where maritime liens arise, with some historical context provided to aid understanding. In terms accessible to anyone working within the industry, he explains the implications of maritime liens with regard to damage, pollution, collisions, salvage, wages and more. The enforcement of liens in each jurisdiction is thoroughly discussed, featuring topics such as the arrest of vessels, the exercise of liens on cargo and sub-freight, provision of security, conflict of laws, and the procedures and proceeds of judicial sales. Key priorities such as sale proceeds, competition between creditors and non-maritime claimants, are also addressed.

7. Baker, A., Kenny, J., Kimball, J., & Belknap, T.H. Jr. (2025). Time charters (8th ed.). Informa Law from Routledge.

Acclaimed as the standard reference work on the law relating to time charters, this new edition provides a comprehensive treatment of the subject, accessible and useful both to shipping lawyers and to shipowners, charterers, P&I Clubs and other insurers. It provides full coverage of both English and U.S. law, now updated with all the important decisions since the previous edition.

The review was prepared by Ivan Kobchenko

Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW AND THE LAW OF THE SEA

1. Jones, E., Leabeater, J. KC, Noakes, R., O’Sullivan, S. KC, Scrivener, R., Steward, T., Watthey, J., & Wright, A. KC (2025). Bareboat char ters. Informa Law from Routledge.

This book examines and explains the law relevant to bareboat or demise charterparties, a common form of maritime contract used by both operators of vessels and also as a form of lease finance. Its principal aim is to set out a structured analysis of all the rights and obligations of the parties to a bareboat charter. This will include consideration of the nature of the contract, its uses (both historical and current) in the market, and the key clauses in the standard form and commentary thereon. Providing a clause-by-clause analysis commentary on all the provisions of the BIMCO BARECON, and all decisions relevant to those clauses, the book addresses important topics such as termination, repossession and damages from an English law standpoint, adding useful guidance for practitioners. It considers general issues of contract and/or maritime law so far as they relate to bareboat charters, and extracts or summarises key passages of important case law.

2. Kraska, J., Ryou-Ellison, H. (Eds.). (2025). Cultural influences on the law of the sea: history, legacy, and future prospects. Oxford University Press.

Drawing on evidence from the origins of civilization to the present, this volume examines how cultural norms have impacted international maritime law. It brings together an expert cast of contributors – representing both the Global South and North – to explore how different regions culturally express and understand the law of the sea. Its chapters offer a breadth of perspectives on major elements of the law of the sea, including marine environmental protection, marine resource conservation, sustainable development, maritime security, and freedom of navigation.

3. Lathrop, C. (Ed.). (2025). International mari time boundaries: volume IX. Brill Nijhoff. Prepared by regional experts, this volume provides critical commentary on international maritime boundary agreements concluded since the previous volume (2020). This volume is a part of the International Maritime Boundaries series, which is the foremost authority on maritime boundaries and is used and referenced widely by practitioners and scholars of international law.

4. Simonds, J. K. (2025). Maritime insurance, risk, and seafarer security: navigating piracy in the Indian Ocean. Routledge.

This book explores the complex interplay between maritime insurance and piracy in the Indian Ocean, a crucial global trade route. Drawing on rich oral histories, this work delves into the lives of seafarers and insurance experts who confront the harsh realities of Somali piracy. Through a series of compelling case studies, including the notorious Maersk Alabama hijacking, the book sheds light on the evolving role of maritime insurers as they navigate the precarious waters of risk management. It highlights how these companies not only provide financial protection but also shape maritime security practices, transforming the sea into a managed space of governance. The human cost of piracy and the often-overlooked experiences of those at sea is emphasised. The book advocates a deeper understanding of the maritime landscape.

5. Fadun, S. O. (2025). Maritime risk and insur ance: the definitive guide to marine insurance in the 21st century.

This book equips readers with the tools and insight to navigate the complexities of maritime risk and insurance with clarity and confidence. It bridges essential legal doctrines, technical principles, and modern developments – making it the ultimate reference for marine insurance, shipping risk, and maritime regulation. The work includes the foundations and evolution of marine insurance, including the Marine Insurance Act 1906; key insurance principles – utmost good faith, indemnity, subrogation, proximate cause – applied in the marine context; detailed breakdowns of hull, machinery, cargo, freight, and P&I insurance policies; step-by-step guidance through the claims process, documentation, assessment, and dispute resolution; reinsurance techniques, capital management strategies, and layered risk transfer models; emerging risks: climate change, digitalisation, cyber threats, autonomous shipping, and piracy; real-world case studies with lessons learned and practical applications; the future of marine insurance – trends, innovations, and sustainability.

6. Papachristodoulou, A. (2025). Protection of human life at sea in international law: rescuing maritime migrants. Routledge.

This book exposes the human rights violations that may be perpetrated against migrants attempting to cross the Mediterranean and strongly advocates for the development of a framework for operationalising the protection of human rights – and life – at sea. It combines theory and practice in which philosophical theories of rights are applied to create a framework for legal analysis and the development of practical legal standards. The study presents an innovative evaluation of selected judgments of the European Court of Human Rights and other international human rights bodies pertaining to complex questions of extraterritorial jurisdiction and a State’s human rights obligations towards persons in distress at sea.

7. Lange, E. R. (2025). Regulating autonomous vessels: international, regional, and European regulation of maritime autonomous surface ships. Brill Nijhoff.

This book adds to the legal research on auto nomous vessels and proposes a combined international-supranational regulation concept, introducing the reader to the most urgent international legal aspects with respect to autonomous ships. The future legal framework must be technology-neutral and reliable, and it has to be in place as soon as possible to integrate autonomous ships into the existing international legal framework. The book provides the reader with a comprehensive and innovative comparison of different regulatory approaches, including regional and European instruments. The effect of non-binding instruments is analysed based on rational choice theory.

8. Ioannides, N. A. (2025). The predominant interest concept and maritime delimitation: safe guarding predictability and enhancing equitable ness. Edward Elgar Publishing.

Exploring how international jurisprudence has catalysed the development of maritime delimitation law, this accessible book explores the ‘predominant interest’ concept and analyses global case studies, as well as landmark legal proceedings. The author provides a comprehensive overview of the delimitation process, identifying the criteria used to determine how maritime areas are delimited. The book highlights how international courts and tribunals in delimitation cases have mainly relied on geographical factors, disregarding non-geographical elements, although they are at the core of the continental shelf and Exclusive Economic Zone concepts.

9. Tanaka, Y., Johnstone, R., Ulfbeck, V. (Eds.). (2023/2025). The Routledge handbook of polar law. Routledge.

This book explores the legal orders in the Arctic and Antarctic in a comparative perspective, identifying similarities as well as differences. It points to a distinct discipline of “Polar law” as the body of rules governing actors, spaces and institutions at the Poles. Four main features define the collection: the Arctic-Antarctic interface; the interaction between global, regional and domestic legal regimes; the rights of Indigenous Peoples; and the increasing importance of private law. While these broad themes have been addressed to varying extents elsewhere, the editors believe that this Handbook brings them together to create a comprehensive (if never exhaustive) account of what constitutes Polar law today. Leading scholars in public international and private law as well as experts in related fields come together to offer unique insights into polar law as a burgeoning discipline.

The review was prepared by Ivan Kobchenko

Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW AND THE LAW OF THE SEA

For Q1 2025

1. Sellars, K. (2025). A ‘Constitution for the Oceans’: the long hard road to the UN Convention on the Law of the Sea. Cambridge University Press.

The UN Convention on the Law of the Sea, signed in 1982, was the culmination of half a century of legal endeavour. Earlier attempts to create a treaty regime governing the ocean – at League of Nations and United Nations conferences in 1930, 1958 and 1960 – had all failed to settle the breadth of the territorial sea, and in two cases failed to settle anything at all. During the negotiations, legal concepts were formulated and reformulated: straight baselines inspired archipelagic baselines; fishing conservation zones became exclusive economic zones; innocent passage through straits metamorphosed into transit passage through straits; and the seabed common heritage was replaced by the parallel system of seabed exploitation. Many of the issues that animated the delegates during the negotiations – ocean pollution, over-fishing, naval mobility, continental shelf claims and the impact of seabed mining – continue to exercise policymakers and lawyers to this day.

2. Kimbell, J. A. KC (2025). Admiralty jurisdiction and practice (6th ed.). Informa Law from Routledge.

This book is the definitive work on litigation in the Admiralty Court. It provides unrivalled commentary and analysis of admiralty law as well as the jurisdiction and procedure of the Admiralty Court. Now in its sixth edition, it is firmly established as the leading reference guide for today’s maritime practitioner. It deals with several topics not covered elsewhere, including the impact of insolvency, the interplay between jurisdiction and practice, the range of applicable limitation periods, the role of international conventions, and how collision claims should be litigated. This edition has been fully updated to include new case law and important changes in practice and procedure since 2017. It covers the implications of Brexit as well as changes to CPR Part 61 and its accompanying Practice Direction in particular in relation to limitation claims and the new rules for pleading collision claims.

3. Brazovskaya, Y. (2025). Arctic shipping. Morkniga.

This book is based on a course of lectures on the discipline “Legal support of Arctic shipping”. The author has conducted an exhaustive analysis of the legal regulation of Arctic shipping, the legal basis of cooperation between states on the commercial use of high latitude maritime zones and ensuring environmental safety of commercial shipping in the Arctic. The book investigates the peculiarities of legal regulation of cargo carriage under the law of the Russian Federation’s neighbours in the Arctic region. The book is aimed at giving a clear understanding of the nature of the modern regulation of Arctic shipping, which is currently of extreme importance.

4. Pejović, Č. (2025). International maritime law and practice: comparative law in context. Informa Law from Routledge.

This book provides a different perspective on the ever-popular topic of maritime law, emphasising historical and comparative aspects. It provides the reader with a broader view of how maritime law has developed throughout history and operates within various legal systems. Each chapter starts with historical development, meticulously explaining the development of various maritime law concepts to enable a higher level of understanding in the contemporary context. The text adopts a comprehensive comparative approach that has two segments. One segment is related to the coverage of several major maritime jurisdictions. Focusing mainly on English law, it also provides selected legislation and essential case law information from several other jurisdictions (US, France, Germany, Italy, Japan, China, etc.), many of which are not easily accessible in English. The other relates to the comparison between common law and civil law on a general level.

5. Beadnall, S., Simpson, J., & Lemanski, M. (2025). LNG offshore production and regasification: legal and commercial risk management. Informa Law from Routledge.

This is the first book to focus on the law and practice relating to the production and delivery of liquified natural gas (LNG) using offshore floating facilities. This segment of the offshore oil and gas industry has been growing over recent years and has now assumed special importance in the wake of interruption to international gas supplies, with a number of countries turning to importing LNG through floating offshore regasification units in order to protect their energy security. The reader will gain a thorough understanding of the operational risks as far as these are relevant to contractual obligations and potential liabilities.

6. Dyble, J. (2025). Managing maritime risk in early modern Europe: general average in law and practice in seventeenth-century Tuscany. Boydell Press.

Commercial seafaring, both dangerous and with large amounts of capital at stake, was the source of the risk-management institutions that still undergird the global economy today. A key institution of early modern risk management was General Average, a procedure used to redistribute extraordinary costs arising from a maritime venture between all financially interested parties. For example, should one merchant’s cargo be jettisoned to lighten a ship in a storm, the loss would be shared pro rata by the shipper and all the cargo-owners. A risk-sharing practice, different from the risk-shifting of marine insurance which became established relatively late, General Average is still in widespread use. This book explores how General Average worked.

7. Ringbom, H., Chircop, A. (Eds.). (2025). The International Convention for the Prevention of Pollution from Ships: a commentary. Edward Elgar Publishing.

This Commentary presents an in-depth exploration of what is widely regarded as the most important International Maritime Organization (IMO) convention on vessel source pollution. Leading international experts provide an authoritative analysis of the International Convention for the Prevention of Pollution from Ships 1973/78 and its subsidiary instruments, collectively known as MARPOL. It examines the MARPOL system in detail including its annexes and regulations; investigates the history, purposes, rationale and regulatory approach of MARPOL; identifies legal and regulatory issues as well as the challenges of implementation and enforcement; emphasizes the vital role that MARPOL has played in the protection of the marine environment from all forms of shipping.

8. Liu, N., Scott, S. V. (Eds.). (2025). The law of the sea and the planetary crisis. Routledge.

This book examines the challenge of negotiating and implementing new legal regimes addressing contemporary ocean challenges in the context of uncertain planetary futures. The book covers the themes of climate change, biodiversity loss, and pollution. Contributors examine a range of emerging, understudied issues, including the legal regulation of ocean acidification, the development of the mining code by the International Seabed Authority, the implementation of the 2023 Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, and compliance mechanisms developed by the International Maritime Organization. Other chapters look at energy transition, green technology, and marine pollution from shipping.

9. Oanta, G. A. (Ed.). (2025). The presence of international organizations in the evolution of the international law of the sea: thirty years since the entry into force of UNCLOS. Brill Nijhoff.

2024 marks thirty years since the entry into force of the United Nations Convention on the Law of the Sea (UNCLOS). The process of adoption of UNCLOS and its influence on the development of the law of the sea are a good illustration of the important role that international organizations have played in contemporary international law of the sea, as they are the main producers of international norms. This book focuses on the role of the international (universal, regional, and subregional) organizations in the implementation of the provisions of UNCLOS and on how their legal orders have been veritable laboratories in which to test the scope of the provisions or rules of UNCLOS.

10. Kamiński, T., Karski, K. (Eds.). (2025). 40 years of the United Nations Convention on the Law of the Sea: assessment and prospects. Routledge.

This book discusses contemporary challenges within the law of the sea, a domain of international law extensively codified in United Nations Convention on the Law of the Sea. Given the considerable time elapsed since the convention’s adoption and nearly three decades of its implementation, the book analyses the interplay and influence of its provisions on international customary law, as well as to identify issues arising from its application. The book explores and discusses crucial aspects of the law of the sea, addressing challenges and future perspectives related to UNCLOS provisions, such as the delimitation of maritime areas, maritime security, safety, environmental protection, and the implications of advancing technologies, particularly in the realm of unmanned vessels. Additionally, the book delves into recent maritime legal challenges arising from the conflict in Ukraine and the global impact of the COVID-19 pandemic. ■

The review was prepared by Ivan Kobchenko

For 2024

1. Tettenborn, A., Rose, F. (2024). Admiralty claims (2nd ed.). Sweet & Maxwell.

The book presents a comprehensive single-volume treatment of admiralty claims aimed particularly at practitioners. The second edition includes the following updates: the chapter on the jurisdiction of the English courts has been greatly shortened and simplified, including coverage of anti-suit relief, now that the UK will not be ratifying the Lugano Convention and has given effect to the Hague Convention on Choice of Court Agreements 2005; other Brexit-related developments have included streamlining the chapter on insolvency in the light of the falling away of the EU Insolvency Regulation and the resulting universal application of the Model Law on transborder insolvency; changes to the CPR to reintroduce a limited right to start at least some proceedings within the admiralty jurisdiction in the County Court.

2. Arda, A. (2023). Arbitration clauses and third parties. Informa Law from Routledge.

This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. This book compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law.

3. Magklasi, E. (2024). Arbitration clauses in maritime contracts. Routledge.

Arbitration clauses are sacrosanct in maritime contracts. Standard forms of charterparties and bills of lading reflect a desire to trade over the trusted dispute resolution choice of arbitration. However, when incorporating arbitration clauses, disputes and interpretational complexities continue to arise evidencing that the law is not settled yet. This book introduces a holistic evaluation of the commercial reasons and the legal principles that permeate the incorporation of arbitration clauses in modern maritime contracts, contrasting arbitration with exclusive jurisdiction clauses, where appropriate.

4. Chircop, A., Goerlandt, F., Pelot R., & Aporta, C. (Eds.). (2024) Area-based management of shipping: Canadian and comparative perspectives. Springer.

This book fills a gap in the literature on shipping in a number of cross-cutting fields (including marine transportation law and policy, law of the sea, indigenous rights, marine environmental management, and risk and safety studies). Moreover, the book includes a focus on the consideration of Indigenous rights in shipping, a topic of emerging importance. Area-based management in the governance of shipping has become a useful and effective approach to promote maritime safety, maritime security, and pollution prevention and to mitigate the adverse impacts of shipping on the marine environment and coastal communities. It is based on the results of a research project and a major workshop convened at Dalhousie University in Canada.

5. Templeman, M., Blanchard, C., Hopkins, Ph., Hart, N., Walsh, D. & Morton, H. (2024). Arnould: law of marine insurance and average (21st ed.). Sweet & Maxwell.

This book explains the form, contents and construction of marine insurance policies, and the procedures and evidence required in bringing a case. It provides an in-depth commentary and analysis of the principles, law and practice of marine insurance; offers a first port of call for guidance and insight on the principles of marine insurance and their application in cases; discusses legislation and market clauses; provides a detailed examination of the matters which affect validity of cover; analyses the coverage of marine policies, the measure of indemnity and the rights and duties of the parties.

6. Leucci, P., Vianello, I. (Eds.). (2024). ASCOMARE yearbook on the law of the sea, 2023. Volume 3: maritime security, new technology and ethics. Luglio Editore.

The ‘Associazione di Consulenza in Diritto del Mare’ (ASCOMARE) presents the third volume of its Yearbook series on the Law of the Sea (YLoS), featuring contributions from international academics and practitioners. This volume focuses on the regulatory, legal, and ethical implications of using new technology in maritime security, emphasizing the need to ensure intra-generational equity and proportionality (North-South) in developing new regulatory mechanisms for access and benefit-sharing of resources and technology.

7. Mills, S., Richards, D. (2024). Bills of lading: a guide to good practice (4th ed.). NorthStandard.

This guide to Bills of Lading looks at the problems and practical issues common to their everyday use. It explains how to avoid disputes and challenges arising from improper usage and contains both practical guidance and theory selection that shows the legal foundations of the advice given. The text also includes copies of relevant international conventions, an annotated copy of the BIMCO Congenbill and the latest set of recommended standard letters. The fourth edition has been updated to reflect the useful confirmation from the courts in The Elin that deck cargo clauses can be effective to allow a carrier to contract out of liability for carriage of deck cargo.

8. Girvin, S., Ulfbeck, V. (Eds.). (2024). Carbon-free shipping and shipping carbon: contracts in context. Bloomsbury Publishing.

This book explores the private law implementation of the new international and EU regulatory framework targeting decarbonisation in the shipping industry. Compared with other sectors, the shipping industry has traditionally been labelled a ‘slow mover’ concerning the sustainability agenda. However, new regulatory measures on carbon reduction both internationally and in the EU require fundamentally new developments in the industry. This book focuses on the goal of carbon reduction from a private law perspective and considers how the new regulatory framework can be implemented in the shipping industry. The book is intended to pave the way for understanding how core shipping contracts can work in this new context and the extent to which the new types of clauses will profoundly transform contracts.

9. Soyer, B. (Ed.). (2024). Commercial disputes: resolution and jurisdiction. Informa Law from Routledge.

Remedies are vital in commercial litigation. Additionally, in commercial law, parties are usually free to choose the forum and law that will govern their disputes. This book aims to shine the spotlight on these issues and look to several new trends and developments emerging on procedural matters relating to dispute resolution. The discussions range freely over national, international, and EU legal dimensions, and the book also comes at an opportune time, with the post-Brexit jurisdiction landscape becoming more definable. This edited volume presents contributions from highly expert and experienced academics and practitioners, collectively examining a broad range of areas relating to the complex and time-consuming issues of resolution and jurisdiction of commercial disputes.

10. Ho, J.D. (2024). Environmental damage caused by marine litter: international regulation and responsibility. Edward Elgar Publishing.

This book provides a timely analysis of the limitations of existing international legal frameworks for solving the problem of marine litter. The author expertly examines international law principles related to allocating responsibility for marine litter and proposes a plan to combat the issue effectively. He asserts that a significant hurdle towards managing the issue of marine litter is that of defining responsibility. The book highlights the complexity of attributing responsibility for marine litter due to its mobile and transboundary nature, emphasising the importance of international cooperation.

11. Friedman, Sh. (2024). Global governance and the international law of the sea: the evolution and practice of the continental shelf regime. Routledge.

This book conducts an examination of the international legal regime of the continental shelf through the lens of international relations (IR), with a primary focus on global governance theory. Presenting a new perspective within the field of IR and international law, the book offers new insights into the rules, principles, practices, and actors that establish and govern social interactions and the management of common affairs at the transnational level. The book conducts an in-depth examination of three significant issues: (i) the demarcation and delimitation of the continental shelf, (ii) the rights and obligations of coastal States in the continental shelf, and (iii) procedural matters related to the continental shelf and international maritime adjudication.

12. Rebelo, P. (2024). Green shipping contracts: a contract governance approach to achieving decarbonisation in the shipping sector. Bloomsbury Publishing.

This book applies a contract-governance theory to the implementation of decarbonisation objectives in the international maritime sector. In doing so, it provides an overview of how the network of contractual relationships that characterize commercial shipping can become effective sites of collaboration between shipping actors to improve upon energy efficiency and CO2 reduction. To achieve this aim, the book investigates and develops a set of contractual tools that can enable private actors to strengthen their commitments to net-zero targets (whether state-mandated or voluntary) and develop cooperative norms to guide decision-making and contractual interpretation.

13. Enyew, E.L. (2024). Indigenous peoples, marine space and resources, and international law: the interaction between international human rights law and the law of the sea. Routledge.

This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law. Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area.

14. Pereira, E.G., Pappa, M., & Olawuyi, D.S. (Eds.). (2024). International approaches to hydrocarbon development in disputed zones: Unitization and Unit Operating Agreements. Routledge.

This book analyses the legal obstacles associated with the advancement of unitization processes and procedures at an international level. Using case studies in international (cross-border) unitization and joint development agreements, the book uses regional examples from the Americas, Europe, Africa and the Middle East. It also touches upon case studies related to ongoing disputes from the South China Sea, Mediterranean Sea and Gulf of Guinea. Focusing on best practices which have influenced the development of the unitization concept, the book looks at the formulation of different models and agreements, and their potential impact on unexplored hydrocarbon resources, particularly in cases where unitization is necessary.

15. Kunoy, B., Heidar, T., & Yiallourides, C. (Eds.). (2024). International fisheries law: persistent and emerging challenges. Routledge.

Offering a practical exploration of persistent and new challenges relating to contemporary international fisheries law, this book examines emerging and unresolved issues in international fisheries law. Covering a wide range of international legal aspects related to fisheries governance, it offers practical perspectives that go beyond the existing debates in this field. An expert team of contributors offers a comprehensive study of current challenges in fisheries governance, institutional law frameworks, procedural aspects and trade and enforcement issues.

16. Constable, A., Garrett, L. (2024). Keating on offshore construction and marine engineering contracts (3rd ed.). Sweet & Maxwell.

This book provides in-depth guidance on the agreements involved in the construction of ships, rigs and other offshore vessels and structures. It will equip marine construction lawyers with a one-stop reference on all aspects of the modern shipbuilding and offshore engineering contracts and for dealing effectively with the problems that may arise. Key features of the work include: examines the main standard form agreements used in marine construction, including the SAJ, BIMCO, the Norwegian 2000, AWES as well as LOGIC and FIDIC; looks at the documents required for creation of a marine construction contract e.g. specifications, drawings, programmes of work; discusses the general rules of formation and construction of offshore construction contracts, including commonly found implied terms and limitation clauses.

17. Ford, J.D. (2024). Local customs and common laws: essays on the law governing maritime commerce in sixteenth-century Scotland. Brill.

Lawyers in Scotland in the later sixteenth century took a disproportionate interest in the law governing maritime commerce. Some essays in this collection consider their handling of the subject in treatises they wrote. Other essays, however, show that disputes relating to maritime trade were handled in a different way in the courts of the towns at which ships arrived. Further essays examine the relationship between these contrasting perspectives. Although the essays focus on the law governing maritime commerce in Scotland, they also contribute to a wider debate about the nature of maritime law in early-modern Europe.

18. Radovich, V.S. (2024). Marine exploration and exploitation of hydrocarbons — an environmental and legal perspective. Palgrave Macmillan.

This book analyzes the environmental regulation of upstream marine exploration and exploitation of hydrocarbons, at the international, regional MERCOSUR and Argentine national level. It uses the concept of normative integration as a methodological approach, critically assessing the interaction between the law of the sea, maritime law, environmental law and human rights law in the field of study. The book analyses the legal framework in a timeline, giving context to the evolution of the different branches of international law with sparkles of history. In this sense, the book also analyses international conventions’ bills on the subject that have not entered into force. The manuscript focuses on the reports from two marine pollution events (Deepwater Horizon and Montara oil spills) to analyse the lessons learnt and the normative and institutional framework needed to ensure environmental safety in the marine exploration and exploitation of hydrocarbons.

19. Chae, Chong-Ju, Baumler, R. (Eds.). (2024). Maritime Autonomous Surface Ships (MASS) — regulation, technology, and policy. Springer.

This book covers MASS regulation, technology, and policy. MASS development began with the realization of the 4th industrial revolution technologies such as big data, AI, IoT, and communication, which were also linked to technological development in the maritime field. However, it is still unclear how MASS will operate. This book is divided into three parts: MASS regulation, technology, and policy, and explains each part in detail.

20. Klein, N., Guilfoyle, D., Karim, Md S., McLaughlin, R. (Eds.). (2024). Maritime autonomous vehicles and international law: maritime security perspectives. Routledge.

Maritime autonomous vehicles (MAVs) have the potential to radically alter all uses of maritime space, with technology progressing faster than the law. This book explores the current international legal framework and the options available to regulate maritime security in the face of emerging technologies. MAVs are starting to play a role not only in policing and military security but also for the perpetration of maritime crimes. Through discussing the existing international legal framework for combating maritime security threats, the book will consider the use of MAVs by states for various security purposes and the potential dangers of MAVs in the hands of non-state actors.

21. Black, A. (2024). Maritime law answer book (2024 edition). Practising Law Institute.

This book provides answers to maritime law questions facing specialists and non-specialists alike, addressing issues that impact vessel owners, vessel bankers, and shippers of goods. Beyond examining traditional issues that arise generally in maritime disputes, such as choice of law and limitation of liability, this resource covers an array of U.S. regulatory issues ranging from promotional programs, such as the Maritime Security Program and coastwise trade regulation, to vessel financing considerations, environmental protection regulations, and criminal enforcement. The coverage is organized by the basic communities that come into contact with maritime law, such as vessel owners, bankers, and cargo shippers, and focuses on the kinds of questions members of those communities are likely to encounter in their daily practice. And while the material focuses on U.S. law and practice, the authors include some reference to U.K. law, which has significant influence on many practices, leases, and financial transactions.

22. Kołacz, M.K. (2024). Multiparty and linked contracts, transport logistics and the uniform transport law: legal solutions for co-operation in cargo bundling. Informa Law from Routledge.

This book introduces legal aspects of business networks in logistics with the example of shippers’ co-operation in cargo bundling, which is the practice of manufacturing and distributing companies (shippers) consolidating cargo before the engagement of a carrier. Shippers agree to co-operate and to detect cargo matching opportunities before shipment. As a result, shippers can organize joint transportation, yielding significant efficiency gains in both logistics and sustainability terms. However, the current legal framework is not adapted to co-operation in cargo-bundling. This book not only clarifies the operation of laws (with the special focus on international uniform transport laws) but also provides legal solutions facilitating legal certainty in co-operation.

23. Kimball, J.D., Martowski, D.W. (Eds.). (2024). Navigating maritime arbitration: the experts speak (2nd ed.). Juris Publishing.

The book continues to provide the most up-to-date and comprehensive guidance on the law and practice of maritime arbitration in the United States. It brings together a collection of essays concerning virtually all aspects of maritime arbitration which will be of assistance to those who are engaged in the process. In this completely revised and updated second edition, the scope of the work was expanded to include maritime salvage cases which are arbitrated not only in New York, but also in Miami. A range of new chapters were added that readers will find to be useful regarding sanctions, sealed offers, and recreational boat salvage practices.

24. Christie, D.R., Telesetsky, A. (2024). Ocean and coastal management law in a nutshell (6th ed.). West Academic Publishing.

Seventy-one percent of the planet Earth is ocean. With increased efforts in fishing, energy extraction, energy generation, shipping, and proposed mining activity, ocean and coastal areas are under increasing pressure from even more intensive use and development. This book, now in its 6th edition, provides short summaries of state, U.S. national, and international law and policy relevant to practitioners and academics interested in the field of ocean and coastal law. The most recent edition, updating legal developments from previous editions, also offers new material on the recent biodiversity beyond national jurisdiction treaty, marine renewable energy (green hydrogen and offshore wind), current beach access controversies, coastline adaptation to sea-level rise, climate change policies for ocean protection, and cultural heritage law.

25. Suri, M. (2024). Performance disputes in shipping: a collection of case notes from India. Walnut Academia.

This book offers a unique and insightful exploration into the niche domain of maritime law. Often referred to as the “law of ships and cargo”, maritime law is a specialized area that governs the complexities of shipping, cargo disputes, and contractual obligations. This book aims to demystify these concepts, making them accessible to students, legal practitioners, and anyone intrigued by the nuances of international trade and transportation law. At its core, the book is a comprehensive collection of case notes centered on performance disputes in shipping that were adjudicated in Indian courts. These disputes, often involving ships, cargo, or associated documentation, provide a vivid narrative of the multifaceted challenges inherent in maritime operations. By delving into these real-world cases, the book offers readers not just a theoretical understanding of maritime law but also practical insights into how these disputes unfold in courtrooms.

26. Foxton, D., Bennett, H., Berry, S., Smith, C. & Walsh, D. (2024). Scrutton on charterparties and bills of lading (25th ed.). Sweet & Maxwell.

First published in 1886, Scrutton has provided a first port of call for research when drafting contracts or dealing with disputes for generations. The book is the leading analysis of general principles in the fields of time charters, voyage charters and demise charters. It covers charterparties role as a key form of commercial contract, from the initial construction of the contract, through the rights and liabilities it confers, terms of agency and performance. Included in the 25th edition are the following updates: new section added to Chapter 1 covering the Electronic Trade Documents Act 2023; updated coverage of recent Supreme Court decisions concerning the law of economic duress in Times Travel UK Limited v Pakistan International Airlines Corp [2021] UKSC 40, and the statement of the law of illegality as it relates to contracts in Stoffel & Co v Grondona [2020] UKSC 42.

27. Lielbarde, S. (2024). Seafarers’ security measures under the MLC 2006. Springer.

The book is intended to be about the Maritime Labour Convention 2006 (MLC 2006), about seafarers’ security measures available before MLC 2006 and after its adoption. The following security measures will be addressed in the book: mandatory financial security established by the MLC 2006, flag State responsibility, labour supplying responsibility, port State control, and a ship arrest. The responsibility of the shipowner in respect of the seafarers engaged in work on his ship will be discussed in analysis of nowadays seafarers’ recruitment process and a legal structure of shipping companies. Content will include the analysis of international (UNCLOS, ILO and IMO conventions, UNCCRO’s, and Vienna Convention on Consular Relations 1963) and national law (Denmark, Estonia, Finland, Germany, Latvia, Norway, the Philippines, and the UK), and relevant legal documents – agreements, guidelines, and court cases.

28. Seah, D. (2024). Shipbuilding contract: when things go south.

This book comprises concise answers to general and legal issues in shipbuilding contracts, as well as selected cases on how the English courts decide shipbuilding disputes and associated matters. It is designed for those who seek to avoid or minimize shipbuilding contract disputes, by learning from the mistakes and experiences of others. By reading the answers in this book, readers can develop a real-world approach to identify, allocate or diminish shipbuilding contract issues before things go south.

29. Piñeiro, L.C., Mejia, M.Q., Jr. (Eds.). (2024). The Elgar companion to the law and practice of the International Maritime Organization. Edward Elgar Publishing.

This book sheds light on the law and practice of the International Maritime Organization (IMO), which plays a key role in securing safe, secure, and efficient shipping on clean oceans. Considering core elements of IMO history, this insightful Companion delineates how the Organization has revitalized its law-making powers, encompassing an increasing number and range of maritime-related activities. Taking into account the perspectives of flag, port, seafaring, and ship-owning states, the chapters focus on areas of increasing concern such as compliance and enforcement, and ocean governance. Expert contributors critically examine the efforts made and limitations encountered by the IMO in contributing towards achieving the United Nations Sustainable Development Goals, exploring the potential for building a sustainable and inclusive maritime governance. Ultimately, this Companion showcases how the IMO evolved from an ostensibly consultative inter-governmental forum into an active global standards-setting organization.

30. Force, R., Norris, M.J. (2024). The law of maritime personal injuries (2024–2025 ed.). Clark Boardman Callaghan.

This book covers the spectrum of personal injury law as it applies to maritime employees, recreational boaters, and cruise ship passengers. It details the proper rules to follow when handling a maritime personal injury lawsuit and contains thorough coverage of the Longshore and Harbor Workers’ Compensation Act; includes entire sections devoted to particular landmark decisions; analyzes the increasing number of passenger personal injury cases regarding negligence, navigation, medical attention, protection from harm, passenger negligence, and more.

31. Osborne, D., Buss, Ch., & Champkins, J. (2024). The law of ship mortgages (3rd ed.). Informa Law from Routledge.

This fully updated and comprehensive 3rd edition of this book provides readers with a practical, commercially based and definitive guide to the English law of ship mortgages. The authors, being seasoned practitioners, bring their extensive experience to bear on a number of difficult and developing areas of the law, such as: mortgagees’ duties, liability to charterers, the conflict of laws, work-outs, restructurings and cross-border insolvency. The 3rd edition includes new chapters on pre-delivery security, security over shares and on the increasingly important topic of ship leasing as a method of finance. It is written against the background of, and has regard to, ever-increasing sanctions affecting shipping and ship finance as well as the continued regulatory and industry-driven push towards reduction of emissions (IMO 2020 and IMO 2050).

32. Hadjiyianni, I., Pouikli, K. (2024). The regulatory landscape of ship recycling: justice, environmental principles, and the European Union as a global leader. Edward Elgar Publishing.

In this authoritative book, the authors incisively map out the regulatory landscape of ship recycling, exploring the main international and European regulatory approaches that govern its environmental impacts. In light of the transnational demands of environmental justice, they critically assess the interaction between multiple regimes from the perspective of key environmental principles and the role of the EU as a global standard setter for shipbreaking. Analyzing the complex business of dismantling end-of-life ships, the book takes a deeper look at the practice of shipbreaking and examines the appropriate balance between environmental protection, economic development and social justice.

33. Seo, Y. (2024). The South China Sea dispute as international law and politics: discovering the role of law in times of power shift. Brill Nijhoff.

Digging deep into the fields of international law (IL) and international relations (IR) theory, this book offers a groundbreaking interdisciplinary exploration of legal solutions to the South China Sea dispute. Youngmin Seo navigates the complex terrain of the role of international law in times of power redistribution, presenting unique insights that redefine perspectives. Seamlessly blending IR and IL perspectives and providing a nuanced understanding of this global issue in the Indo-Pacific, this work is a beacon in turbulent waters.

34. Techera, E., McCann, J. (2024). The unruly ocean: law and justice in the world’s oceans, seas and shorelines. Routledge.

This book introduces non-specialist readers to the history of how human societies have sought to control, use and exploit our oceans, seas and shorelines over time in different geographical and cultural contexts. It examines the development of the modern international legal regime — the law of the sea, maritime law, marine environmental and pollution law, fisheries regulation, and underwater cultural heritage law — and considers how effective these laws have been in addressing the many challenges facing marine and coastal environments ranging from piracy and war to oil spills and the extraction of marine resources.

35. Eftestøl, E.J., Bask, A., & Huemer, M. (Eds.). (2024). Towards a zero-emissions and digitalized transport sector: law, regulation, and logistics. Edward Elgar Publishing.

Bringing together an interdisciplinary team of contributors, this book tackles the legal, logistical and supply chain challenges facing the transport sector in the context of climate change and technological development. In particular, it focuses on the European Union, which has placed a strong emphasis on ensuring future sustainability. This innovative book analyzes how regulators at the European and global level are working to facilitate a shift towards a zero-emissions, digitalized transport industry, incorporating new environmentally sustainable energy sources and fuel alternatives. Ultimately, the book questions whether existing and proposed legal frameworks are sufficient for implementing the approved policies and achieving necessary systemic change.

36. Zhang, H., Huang, Y., & Xing, L. (Eds.). (2024). Uncrewed vessels and international law. Brill Nijhoff.

This policy-oriented jurisprudence presents the latest research findings on legal challenges faced by the international regulatory framework, as posed by the increasing deployment of uncrewed vessels at sea. It is the first publication that offers discussions and opinions reflecting a combined international and comparative (especially, eastern) perspective. The contributors from multiple jurisdictions elaborate on legal implications of the use of uncrewed vessels for military, commercial, scientific-research, and law-enforcement purposes from such diverse angles as the law of the sea, international humanitarian law, the law of war, global shipping regulation, marine environment protection, cybersecurity, and artificial intelligence and law.

37. Nguyen, L.A.T., Vu, H.D. (Eds.). (2024). Viability of UNCLOS amid emerging global maritime challenges. Springer.

This open access book assesses UNCLOS’ resilience and vitality as a legal framework for addressing emerging global maritime challenges. In the first part of the book, UNCLOS as a general well-established legal framework is reviewed. In the part that follows, an analysis of the positive points, limitations, and shortcomings of UNCLOS provisions in specific areas such as navigation rights, sea level rise, marine scientific research, and BBNJ is provided. The book goes on to a more individualized analysis and offers suggestions regarding the application of legal frameworks in UNCLOS to promote cooperation and manage maritime challenges in the South China Sea, an area where UNCLOS is often interpreted and applied with considerable variation.

38. Aldous, G., Nelson, L., & Chambers, D. (2024). Work accidents at sea (3rd ed.). Deka Chambers.

This book provides an introduction to the language, law, procedure and practicalities of claims relating to work accidents at sea. It guides personal injury lawyers through the mysteries of the nautical world, the particular regulations and conventions that apply and the procedures of the Admiralty Court. The work identifies the framework within which these claims are brought, and the common pitfalls that befall the unwary. It is complemented by a full set of the relevant statutory provisions, with identification of further sources of information and research for particular claims. This third edition contains a new chapter on the Athens Convention; addresses changes to the CPR in relation to the jurisdiction of the Admiralty Court and considers in more detail case law on civil liability for breach of statutory duty. It also updates the provisions under the Merchant Shipping Regulations and references to related case law.

The review was prepared by Ivan Kobchenko

Illustration from the Maritime Law journal 1/2025, p. 203
Illustration from the Maritime Law journal 1/2025, p. 203
Illustration from the Maritime Law journal 1/2025, p. 203
Illustration from the Maritime Law journal 1/2025, p. 203
Illustration from the Maritime Law journal 1/2025, p. 203

Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW AND THE LAW OF THE SEA

Foreword

This issue of the journal departs from the traditional content of the section on new publications on maritime law and the law of the sea. Just as the issue as a whole, the literature review focuses on the legal regulation of oil spills. Publications presented in the review were published before 2023, and some of them can be found in previous issues of the journal. Nevertheless, they are all timely and thought-provoking works which are recommended reading if one wishes to delve deeper into the topic of spills at sea.

It can be noted that there are no books or articles in Russian in the list of papers. Unfortunately, this is due to the current lack of reliable legal texts on oil spills in Russia, either as a part of a study or as separate books or articles (apart from the articles which were published in this journal, and which do not require a review). Moreover, even outdated literature may contain blatant violations of academic norms. For instance, V. Mednikov recites (mostly verbatim) to a large extent the provisions of the IOPC Funds’ Claims Manual in his commentary to Article 316 of the Russian MSC – and without any reference to the Manual itself1. In particular, it can be seen when comparing the text of the following paragraphs of the commentary and the Manual accordingly (8 and 1.5.1; 9 and 3.1.1–3.1.3, 3.1.5– 3.1.6, 3.1.11, 3.1.13; 10 and 3.1.15; 11 and 3.1.12; 12 and 3.2.1; 13 and 1.4.12; 14 and 3.1.14; 16 and 1.4.8–1.4.9, 3.3.1, 3.3.4, 3.4.4, 3.3.11/3.4.5; 17 and 3.5.1; 18 and 3.3.9–3.3.102).

Perhaps the most recent noteworthy research is G.G. Ivanov’s monograph “Legal Regulation of the Shipping in the Russian Federation” published in 20093. In contrast, foreign books and articles described in the review were published between 2015 and 2022.

1. Jacobsson, M. A future liability convention in the offshore sector – could it be inspired by the tanker oil spill regime? in Soyer, B., Tettenborn, A. (eds.). (2018). Maritime liabilities in a global and regional context. Informa Law from Routledge.

This chapter of the book edited by B. Soyer and A. Tettenborn focuses on the substantive provisions of the treaties forming the Civil Liability Convention / Fund regime. Issues relating to liability and compensation for pollution damage resulting from various types of shipping incidents are governed by several global international conventions adopted under the auspices of the International Maritime Organization. The most important of these regimes is that relating to tanker oil spills. There is, however, no international convention governing liability for pollution damage in the offshore sector.

2. Gahlen, S.F. (2015). Civil liability for accidents at sea. Springer.

This book presents a study on civil liability for accidents at sea, with a focus on the interests of parties that are not contractually participating in the maritime enterprise. Shipping and the maritime offshore industry are among the most international businesses in the world, and the operation of ships and facilities at sea can involve very different interests in a wide variety of relationships. Although there is an international legal framework that covers the most frequent types of cases, questions remain regarding the interplay of international and national legislation. This book addresses these issues.

3. Kalkbrenner, A. (2015). Compensating for catastrophic harm: civil liability regimes and compensation funds (doctoral thesis). University of Calgary.

This thesis is concerned with civil liability for catastrophic incidents such as the BP Deepwater Horizon or Fukushima. Most civil liability regimes for potentially hazardous activities adopt design features, such as channelling and limiting the amount of liability. Channelling means that liability is assigned to a specific group of injurers and the liability of other potential defendants is excluded. The combination of channelling and financial limits may limit the overall compensation available to victims potentially resulting in undercompensation of victims. Depending on the jurisdiction, the remaining liability is left with the state or the victims. This thesis argues that the ordinary structure of civil liability regimes consisting of a liability rule backed up by a financial security instrument, such as insurance, is insufficient to address hazardous activities that result in catastrophic damage if adequate compensation for victims is the policy goal.

4. Tsimplis, M. (2021). Environmental norms in maritime law. Edward Elgar Publishing.

This timely book examines the reform of maritime law under the influence of environmental principles and the effects of these changes in the legal relationships between maritime stakeholders. Providing an integrated assessment of the use of environmental principles in the governance of shipping and maritime law, it argues that normative barriers supported by short term financial interests, the balance of power between states and the technocratic character of the IMO are delaying necessary changes to support sustainable development and thus endanger the marine environment.

5. Ingelson, A.E. (ed.). (2019). Environment in the courtroom. University of Calgary Press.

This book is focused on providing an overview of current environmental legal issues in Canada in three key areas: the unique nature of environmental harm, prosecution of environmental offences, and sentencing for environmental offences. The essays in this volume represent an attempt by Canadian environmental law experts to come to grips with the challenges associated with the litigation of environmental cases in Canada. However, consideration of the included contributions on Australia and the United States will reveal that Canada shares similar fundamental environmental challenges with some other jurisdictions.

6. Jacobsson, M. (2017). Five speeches on civil liability for marine pollution. Studio Legale Lauro.

This book is not just an anthology assembling individual speeches. In fact, a common topic features in four of the speeches, i.e. compensation for damage arising from oil spills, whilst the same dilemma recurs in all five speeches: the problematic relationship between international uniform regimes based on international conventions – such as the 1992 Civil Liability and Fund Conventions or the United Nations Convention on the Law of the Sea (UNCLOS) – and the domestic laws of states parties in the often uneven interpretation by national courts. This dilemma is well expressed by the leading question which constitutes the title of the third speech: To what extent do international treaties result in the uniformity of maritime law?

7. Handl, G. (2019). Marine environmental damage: the compensability of ecosystem service loss in international law, The International Journal of Marine and Coastal Law, 34(4), 602–641.

Key maritime conventions governing liability and compensation for pollution of the marine environment, foremost among them the 1992 Civil Liability for Oil Pollution Convention and the 2003 Supplementary Fund Protocol (the CLC/Fund regime), exclude compensation for pure environmental loss. This article discusses whether anything less than full compensation of damage to the marine environment, including the loss of ecosystem services, comports with contemporary international public policy or law. After reviewing and rejecting traditional arguments opposing such compensability, the article contrasts the CLC/Fund regime’s environmental claims practice with emerging trends in decision on the international legal plane and in select domestic legal systems, all of which support full compensation. The article thus concludes that an adjustment of the CLC/Fund regime’s environmental claims approach is desirable to align it with this international (and national) practice and thereby to protect the long-term integrity of the regime itself.

8. Evans, M. (2016). Parens patriae and public trust: litigating environmental harm per se, McGill International Journal of Sustainable Development Law and Policy, 12(1), 1–21.

In Western legal traditions, environmental harm is generally viewed through a strict anthropocentric lens – an approach that has thus far failed to deliver on the goal of environmental sustainability. The author argues that recognition of environmental harm per se in Canadian law would enhance environmental protection and presents vehicles for addressing such harm through litigation. In particular, the author examines options for litigating environmental harm per se: governmental actions under the parens patriae jurisdiction and their converse – citizen actions against government under the doctrine of public trust. Although both options have their own limitations, both could be used to effectuate the law’s potential role in creating a sustainable future.

9. Sands, P., Peel, J., Fabra, A., & MacKenzie, R. (2018). Principles of international environmental law (4th ed.). Cambridge University Press.

This new and fully updated edition offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing the reader to the key foundational principles, governance structures and regulatory techniques, this book explores each of the major areas of international environmental regulation through substantive chapters, including climate change, atmospheric protection, oceans and freshwater, biodiversity, chemicals and waste regulation. The ever-increasing overlap with other areas of international law is also explored through examination of the inter-linkages between international environmental law and other areas of international regulation, such as trade, human rights, humanitarian law and investment law.

10. Anderson, C., Hare, J., & de la Rue, C. (2022). Shipping and the environment: law and practice (3rd ed.). Informa Law from Routledge.

From the time it was first published in 1998, Shipping and the Environment has been the leading text on international and US law and practice in this field. Written by renowned legal and insurance practitioners with over 100 years of combined specialist experience, including first-hand knowledge of many major incidents, it is not only a comprehensive reference work but an abundant source of introductory material and practical insights, all explained with a clarity appreciated by lawyers and non-lawyers alike in a broad international readership. While updating its core subjects of pollution from ships, wreck removal and dumping at sea, this enlarged text extends into other modern areas including pollution from offshore operations after Deepwater Horizon, plastics released into the sea, recycling of vessels, polar operations, and the fast-changing restrictions on carbon emissions from ships, as well as safety threats such as cyberattacks, terrorism and modern forms of piracy.

The review was prepared by Ivan Kobchenko

Ассоциация морского права “RUMLA”

www.RUMLA.org

Illustration from the Maritime Law journal 1/2024, p. 97
Illustration from the Maritime Law journal 1/2024, p. 97

Notes

Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW AND THE LAW OF THE SEA

1. Kardon, I.B. (2023). China’s law of the sea: the new rules of maritime order. Yale University Press.

This book is the first comprehensive study of the law and geopolitics of China’s maritime disputes. It provides a rigorous empirical account of whether and how China is changing “the rules” of international order – specifically, the international law of the sea. The author examines China’s laws and policies to defend, exploit, study, administer, surveil, and patrol disputed waters. He also considers other claimants’ reactions to these Chinese practices, because other states must acquiesce for China’s preferences to become international rules. China’s maritime disputes offer unique insights into the nature and scope of China’s challenge to international order.

2. Deese, D.A. (2023). Controlling international shipping and aviation emissions: governing the global climate crisis. Routledge.

This book assesses the extent to which two specialized UN agencies – the International Maritime Organization (IMO) in London and the International Civil Aviation Organization (ICAO) in Montreal – have been able to regulate environmental pollution in the global commons. Since the Kyoto Protocol and its tasking of these two public International Organizations in 1997 to regulate greenhouse gas emissions from the fast-growing international shipping and aviation sectors, they have struggled with the assignment even as the external pressure has mounted for them to act. The author examines why these two UN agencies have largely failed to execute their critical missions to date and explores the most promising emerging and feasible routes to control and reduce these emissions by other means.

3. Larsen, J. (2023). Counter-piracy law in practice: an ethnography of international security governance. Routledge.

This book is a socio-legal study of counter-piracy. It takes as its case the law enforcement efforts after 2008 to suppress piracy off the coast of Somalia. Through ethnographic fieldwork, the book invites the reader onto a Danish warship patrolling the western Indian Ocean for piracy incidents and into the courtroom in Seychelles, where more than 150 suspects were prosecuted. The aim is to understand how counter-piracy worked in practice. The book uses assemblage theory to approach law as a social process and places emphasis on studying empirical enforcement practices over analysing legal provisions.

4. Soyer, B. (2023). Damages, recoveries and remedies in shipping law. Informa Law from Routledge.

This edited volume brings together contributions from experienced academics and practitioners in shipping law to consider the crucial subject of remedies in shipping litigation. The collection takes a close look at the established principles and recent legal, commercial and technical developments in the area of remedies in shipping law. It is divided into three parts. The first part focuses on fundamental common law principles concerning damages, including approaches to topics such as damages for delay and what happens when a charter is thrown over early; the reflective loss rule; mitigation; and the problem of cryptocurrency. The second part considers technology and how it affects contracts and remedies, including the use of new technologies and the development of new liability regimes. The third part explores contractual remedies other than simple compensatory damages, considering issues such as limitation of liability, punitive damages, specific remedies, third party claims and liabilities, and anti-suit injunctions.

5. Cabus, T. (2023). Due diligence and the high seas. Routledge.

This book firstly explores thoroughly the concept of due diligence, its purpose and its mechanisms in order to propose a comprehensive theory of due diligence in harmony with the general law of State responsibility. In the meantime, this book also explores the usefulness of due diligence to address modern challenges afflicting the high seas. Indeed, while the application of due diligence in transboundary contexts is well illustrated by jurisprudence, its applicability in areas beyond national jurisdiction remains unclear. Yet, a proper usage of this concept may be crucial for the protection of the high seas, as it allows for the intervention of international standards in this fragile area. Hopefully, the concept of due diligence can help compensate the insufficiencies of the United Nations Convention on the Law of the Sea concerning the high seas.

6. Kraska, J., Park, Y.-K. (eds.) (2023). Emerging technology and the law of the sea. Cambridge University Press.

Autonomous vessels and robotics, artificial Intelligence and cybersecurity are transforming international shipping and naval operations. Likewise, blockchain offers new efficiencies for compliance with international shipping records, while renewable energy from currents and waves and offshore nuclear power stations open opportunities for new sources of power within and from the sea. These and other emerging technologies pose a challenge for the governance framework of the law of the sea, which is adapting to accommodate the accelerating rates of global change. This volume examines how the latest technological advances and marine sciences are reshaping the interpretation and application of the law of the sea. The authors explore the legality of new concepts for military operations on the continental shelf, suggest remote sensing methodologies for delimitation of maritime boundaries, and offer a legal roadmap for ensuring maritime cyber security.

7. Bugden, P. (2023). Goods in transit (5th ed.). Sweet & Maxwell.

The subject matter of this book is of increasing relevance as international trade and globalisation increase. The work gathers together and integrates in a unique, accessible and practical form many aspects of general commercial, shipping, contract, bailment, tort, property, agency and transport law in one place. Deals with trans-national transportation rail, road, sea and air in the context of the various international transport conventions and multi-modal transport. Analyses in detail the law of agency and the law of bailment in the context of carriage of goods and international trade law. Examines the property elements in carriage of goods and international trade law. Analyses the multifarious complex domestic and international statutory and contractual liability regimes applicable to carriers and other bailees. Considers the various issues raised by outsourcing, logistics and project forwarding contracts.

8. Ntona, M. (2023). Human rights and ocean governance: the potential of marine spatial planning in Europe. Routledge.

This book argues for the utility of human rights in the practice of ocean governance. Maritime spatial planning (MSP) has become the dominant marine management paradigm, with MSP frameworks already at various stages of elaboration and implementation in more than half of all coastal states. However, as experience with MSP accrues, a central systemic shortcoming has become apparent, insofar as the normative frameworks that underpin MSP tend to be grounded in a rationalistic and economistic worldview. The result is a post-political, neoliberal approach to the implementation of MSP, which favours technocratic “fixes” to complex societal problems over efforts to address underlying issues of power and inequality.

9. Grimaldi, M. (2023). Inland waterway transport: the European legal framework. Routledge.

This book analyses the European legal framework on inland water transport in light of the most recent legislation adopted and how the main Member States of Central Western Europe have implemented it. Specifically, the book provides an innovative tool of analytical and systematic study of the various legislative EU measures that regulate the inland waterways transport sector, as well as for the comparative study and analysis of the relevant measures of implementation adopted by the afore-mentioned Member States. Each EU legislative measure is first explained in general terms and then commented on in detail with a specific analysis of the most significant articles; the corresponding national implementing measures are also examined in detail.

10. Dawson, G. (2023). International law and sea-dumped chemical weapons. Oxford University Press.

This book contains a systematic conceptual analysis of the international legal frameworks governing the remediation of sea-dumped chemical weapons. Where deficiencies are found in the law, legal solutions are offered. In addition, practical approaches to the problem are explored. Furthermore, the book argues that solutions to this environmental hazard rely on a holistic awareness-and acceptance-of how humanity’s past actions have damaged our ecosystem. Aiming to bring about the necessary will to overcome this challenge, this volume identifies and analyses the problem, offers guidance, and provides hope to the current and succeeding generations so that we can solve the problem of sea-dumped chemical weapons and restore balance to our ecosystem.

11. Evans, M.D., Lewis, R. (2023). Islands, law and context: the treatment of islands in international law. Edward Elgar Publishing.

This ground-breaking book challenges legal orthodoxy, presenting an original approach to the treatment of islands in international law. It offers a new perspective on how to define islands in international law, questioning how they differ from other maritime features. It focuses on the contextual factors that bear upon the legal treatment of islands, recognising that, in practice, islands have varied and unequal impacts and arguing that greater focus on context is needed to understand legal outcomes, particularly those concerning maritime boundary delimitation. Addressing the impact of rising sea levels on the interests and rights of islands and the increasing construction of artificial islands, the authors make the case for a major change in approach to the topic.

12. Colombo, G.F. (2023). Justice and international law in Meiji Japan: the Maria Luz incident and the dawn of modernity. Routledge.

This book carries out a comprehensive analysis of the María Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity.

13. Grbec, M., Scovazzi, T., & Tani, I. (eds.) (2023). Legal aspects of marine protected areas in the Mediterranean Sea: an Adriatic and Ionian perspective. Routledge.

The objective of this book is to provide a comprehensive overview of the legal basis, under international law and the relevant regional legal frameworks, for the establishment and further development of area-based conservation tools in the Mediterranean Sea, with a particular emphasis placed on the transboundary area-based conservation instruments available for the Adriatic and Ionian Seas. Specifically, the aim is to identify and analyze the concepts and functioning of both marine protected areas (MPAs), as traditional area-based tools enabling marine habitat and species conservation, and other effective area-based conservation measures (OECMs), as a more recent addition to the picture. Further, with a view to providing responses to the complex set of challenges raised by the variety of tools and levels of intervention, conclusions and ways forward are provided that identify practical implementation instruments through which a truly transboundary perspective may guide the development of protected marine spaces in the macro-region.

14. Gürses, Ö. (2023). Marine insurance law (3rd ed.). Routledge.

This book introduces and clearly explains all topics covered in undergraduate and postgraduate-level courses, offering students and those new to the area a comprehensive and accessible overview of this important topic in maritime law. Observing the general principles of the subject and structure and formation of insurance contracts, this text goes on to look at individual considerations in detail, including the duty of utmost good faith/fair presentation of the risk, insurable interest, terms of insurance contracts, warranties and conditions, brokers, the premium, causation and marine perils, losses, sue and labour, subrogation, fraudulent claims, and reinsurance. The third edition has been fully updated and expanded to cover additional pre-Marine Insurance Act 1906 (MIA 1906) cases, as well as the implications of the Insurance Act 2015 on the duty of fair presentation of the risk in business insurance and on the remedy for breach of a warranty. The reader will also read about the emphasis placed by the UK Supreme Court on the construction of s. 55 of the MIA 1906, and the challenges faced in respect of claims for a constructive total loss of the subject matter insured.

15. Zoa Zoa, J. (2023). Maritime credit law. Editions Notre Savoir.

If it is common to assimilate maritime transport to an engine par excellence of international trade, we should not lose sight of the fact that the fitting out of the ship, which is certainly the keystone, is very costly. In this context, and insofar as international trade is strongly influenced by private initiative, it is almost impossible if not very difficult for a shipowner to finance himself a maritime expedition, because as we know it is an operation that requires the mobilization of huge financial resources. Thus, given the need for the shipowner either to maintain his fleet, or to promote shipbuilding or ensure the maintenance of a seagoing vessel, recourse to borrowing seems to be the solution in principle.

16. Eski, Y., Wright, M. (eds.) (2023). Maritime crime and policing. Routledge.

This book offers a unique and scholarly perspective on a little-studied subject: maritime crime and policing. The seas and oceans cover 70 percent of the earth’s surface and 90 percent of world trade by volume travels by sea. Furthermore, the refugee crisis has produced an inflow of people attempting to find a better life, particularly in Northwest Europe and the UK, which has had an impact on the maritime domains of European ports. While there has been attention paid to the role of maritime policing by scholars in maritime security studies, little attention has been paid by criminologists and policing studies scholars. This book aims to fill this gap.

17. Cupido, D. (2023). Maritime salvage operations and environmental protection. Routledge.

This book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes.

18. Haugen, S., Kristiansen, S. (2022). Maritime transportation: safety management and risk analysis (2nd ed.). Routledge.

The environmental and human costs of marine accidents are high, and risks are considerable. At the same time, expectations from society for the safety of maritime transportation, like most other activities, increase continuously. To meet these expectations, systematic methods for understanding and managing the risks in a cost-efficient manner are needed. This book provides readers with an understanding of how to approach this problem. Firmly set within the context of the maritime industry, systematic methods for safety management and risk assessment are described. The legal framework and the risk picture within the maritime industry provide necessary context.

19. Mansell, J.N.K. (2023). Merchant shipping law: development of national and customary law for safety of life at sea. Ethics International Press.

This unique book charts the regulation of British ships throughout the nineteenth century, from no regulation in 1800, to enactment in the 1890s, of a model of customary and national maritime law adopted by many States. Primary issues addressed include unseaworthiness, overloading, under-manning, lack of qualifications, dangerous cargoes, loss of life, collision avoidance, lifesaving appliances, marine insurance and maritime administration. These matters are analysed in the context of the societal, political, technical and historical issues of the day, including an entrenched laissez faire attitude amongst politicians to any regulation of ships. Regardless of the huge loss of life at sea throughout the nineteenth century, recalled through accounts of many long-forgotten shipwrecks, loss of life finally waned towards the very end of the century.

20. Zhan, X., Zhang, P. (2023). Merchant ships’ seaworthiness: law and practice. Informa Law from Routledge.

The seaworthiness of merchant ships plays a critical role in ensuring the safety of life and property and the prevention of marine pollution. It deals with the fitness and readiness of a ship and its fundamental ability to sail safely to its destination. The standards of seaworthiness extend to literally all aspects of a ship, including the human element, physical structure, documentation, cargo worthiness and so on. It is one of the most complicated concepts in the maritime regulatory regime, and it takes many forms. The existing literature on seaworthiness is found within a variety of dedicated articles or book chapters. This book summarizes all that information in one publication and provides an update on key books that are now more than a decade old. In addition, it also offers more detail on specific aspects that are rarely discussed on their own.

21. Lemanski, M., Moore, S., & Beadnall, S. (eds.) (2023). Offshore floating production: legal and commercial risk management. Informa Law from Routledge.

This is the first book to focus on the law and practice relating to offshore oil and gas floating production. It deals with all legal and commercial risk management issues from initial concept through design, construction, modification, installation, acceptance, production and offloading, including ancillary legal topics; JV/consortiums, financing, insurance, decommissioning and intellectual property. There are numerous legal issues which arise in the context of floating production due to its specific characteristics, presenting a unique combination of challenges with the attendant risks and potential liabilities. This book analyses these risks and liabilities and considers how they may be allocated between the parties, how the consequences are avoided or mitigated and how disputes are in practice resolved. It illustrates these issues and competing legal arguments by focusing on each stage of the relationship between the oil and gas company and a specialist floating production contractor.

22. Kraska, J., Yang, H. (eds.) (2023). Peaceful management of maritime disputes. Routledge.

International law concerning maritime boundary dispute resolution reflects normative aspirations for peacefully managing some of the most intractable challenges in foreign affairs. Focusing on key international law issues relating to maritime boundary disputes, this book explores how international law and legal institutions facilitate these goals theoretically and practically. This volume offers a distributed study in the factors affecting maritime disputes, international law frameworks and diplomatic models for addressing them, and legal, security, and historical dynamics in East Asia.

23. Rocha, A. (2023). Private actors as participants in international law: a critical analysis of membership under the law of the sea. Bloomsbury Publishing.

This book examines the status of private actors as subjects of law under the rules of the international law of the sea. Providing a methodology for the notion of a single legal personality, it provides a clear understanding of membership in international law in order to establish to what extent private actors can be rights-holders or duty-bearers. It does this by taking a theoretical perspective which allows the reader to interpret their relevance in international law. This unique and innovative work makes a significant contribution to the current scholarly debates on private actors in international law.

24. Campanella, V.T. (ed.) (2023). Routledge handbook of seabed mining and the law of the sea. Routledge.

This multidisciplinary book, designed to become the essential handbook on the matter, provides a global overview of the national, regional, and international regulatory frameworks applicable to the exploration and exploitation of seabed minerals on the continental shelf and the Area, as well as the related state of the science on the matter. By presenting historical and geopolitical context crucial to understanding regulation evolution, the book equips readers with foundational legal and policy knowledge. It furthermore addresses contemporary and prospective issues and offers unique insights into regional and national practices, including non-Party States to UNCLOS.

25. Grima, A. (2023). Sea level change and maritime boundaries. Routledge.

There is a concern amongst a number of States that rising sea water levels as a result of climate change may compel them to shift their baselines inward thus affecting the outward limits of their maritime zones. It is clear that the stability of maritime boundaries is put into question and this may bring about serious political, legal and economic repercussions. This concern may also affect the outcome of dispute settlement procedures before a competent international court or tribunal the purpose of which is to resolve overlapping maritime claims. What is the role played by coastal geography in the legal regime determining the outward limits of maritime zones? What are the consequences of changes to coastal geography? To what extent are dispute settlement procedures before a Court or Tribunal immune from this concern? Is international law able to address this? If so, in what way and what are its limits? What can be done to resolve this? This book addresses these issues.

26. Hannaford, M., Turner, P., & Goldrein, I. (2023). Ship sale and purchase (7th ed.). Informa Law from Routledge.

The seventh edition contains a detailed clause-by-clause analysis of SHIPSALE 22, the new standard form Memorandum of Agreement for ship sales and purchases published by BIMCO in 2022. This clause-by-clause analysis is supplemented by commentary on the corresponding provisions of the other leading standard forms used in the global shipping markets – SALEFORM 2012 (the latest version of the longstanding standard form produced by the Norwegian Shipbrokers’ Association), SINGAPORE SHIP SALE FORM 2011 and NIPPONSALE 1999 – and the main differences between these forms and SHIPSALE 22. This edition also contains a comprehensive description of the many ways in which standard form agreements may be modified, through amendments to the printed terms and the use of additional clauses, to suit the particular requirements of the parties to individual transactions. In addition, it analyses relevant decisions of the English courts and arbitration tribunals and explains the implications of these decisions for ship sale and purchase transactions.

27. Baughen, S. (2023). Shipping law (8th ed.). Routledge.

In this indispensable textbook, the author expertly covers the whole spectrum of English shipping law, placing the highly specialised rules of shipping in a commercial context and relating them to the general principles of contract and tort law. The 8th edition is brought fully up to date, covering all the relevant legal implications following on from Brexit. In-depth commentary on judicial decisions and well-balanced coverage and analysis of recent and key cases provide an up-to-date reference for students on shipping law courses. All key topics are comprehensively covered, including bills of lading, charterparties, salvage, marine pollution, jurisdiction, choice of law, arbitration, and accidents and collisions. Continuing significant and noteworthy developments in shipping law are explored in this new edition, such as the introduction into the House of Lords in October 2022 of the Electronic Trade Documents Bill. The field of international conventions has also seen several changes since the previous edition.

28. Vrancken, P. (2023). State ocean jurisdiction. Routledge.

Proposing a systematic analytical framework which assists in understanding and applying the international law regime governing State ocean jurisdiction with a view to improved ocean governance for sustainable development, this book distinguishes between, and focuses on, the form, the ground, the scope and the purpose of State ocean jurisdiction. Defining jurisdiction as the international-law authority of a State to be involved in a factual matter on the basis of a valid legal ground to perform authoritative acts impacting on that matter, it disaggregates the concept the complexity of which often leads to States failing to make full use of their existing ocean jurisdictions. In the process, it identifies when and to what extent there are gaps and overlaps of jurisdictions. Bringing clarity on an inevitably complex and often misunderstood framework that is aimed at striking a universally accepted balance of competing interests, the book lays the foundation for future research, contextualising the position of State ocean jurisdiction not only in terms of ocean governance, but in the whole of public international law.

29. Webber, D.A., O’Shea, J.A. (2023). The Greek Code of Private Maritime Law: Law 5020/2023. Lex Graeca.

The purpose of this publication is to clarify the Greek legal system for international investors, entrepreneurs and legal practitioners in the shipping industry, providing them with a thoroughly research translation of the entire text of the law rather than piecemeal Articles or the gist and main points. The translation of the law is accompanied by Greek-to-English and English-to-Greek glossaries of the terms encountered in the Code. The book includes several introductions; a detailed foreword by the translators on their approach, methodology and the translational issues faced and resolved; side-by-side translation of Law 5020/2023, including all amendments and updates until May 2023; and two useful glossaries of the key terminology used in the above texts (Greek – English and English – Greek).

30. Rothwell, D.R., Stephens, T. (2023). The international law of the sea. Bloomsbury Publishing.

The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth’s surface. This book provides a comprehensive assessment of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea and an analysis of subsequent developments including many bilateral, regional, and global agreements that supplement the Convention. The third edition of this acclaimed text has been thoroughly revised and updated, and now incorporates a dedicated chapter on natural and artificial islands. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, marine scientific research, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement.

31. Chandra, V. (2023). The law of the sea and maritime boundary disputes in areas of hydrocarbon potential: a review of global hot spots. Routledge.

This monograph examines the relationship between UNCLOS and maritime boundaries in five non-polar regions, encompassing almost 90% of global unresolved disputes involving offshore hydrocarbon development. The regions, which include the eastern Mediterranean, the Caspian Sea, the Persian Gulf, northeast Asia, and the South China Sea, were chosen for their oil and gas resources potential and recent military skirmishes that have the potential to lead to wider regional confrontations. The book addresses each region’s maritime boundary status in the context of specific articles within UNCLOS that have been exploited by disputing states to justify their overlapping claims.

32. Thomas, D.R. (ed.) (2023). The modern law of marine insurance: volume five. Informa Law from Routledge.

This fifth volume in the series comprises ten contributions written by an expert team of academics and practitioners. Collectively they analyse and expound many of the contemporary legal issues and debates in the law and practice of marine insurance. The new volume is not to be considered as a “new edition” superseding the earlier volumes. To the contrary, it extends on the previous coverage and contributes to the expanding coverage of the series. It achieves this by introducing new topics for analysis and by noting significant developments in themes considered in earlier volumes, thereby providing a useful tool for keeping abreast of an ever-developing body of judicial law.

33. Van Logchem, Y. (2023). The rights and obligations of states in disputed maritime areas. Cambridge University Press.

This book examines the rights and obligations States have under international law concerning disputed maritime areas, in the first comprehensive treatment of this highly topical and pressing issue. It analyses conventional law, general international law, judicial decisions, State practice, and academic opinions that shine a light on the international legal framework that is applicable in disputed maritime areas. Proposing practical solutions on how to interpret the relevant international law, the book discusses the extent to which it currently provides clear guidance to States, and how international courts and tribunals have dealt with cases related to activities in disputed maritime areas.

34. Spanjaart, M. (2023). The straight bill of lading. Routledge.

The bill of lading has been the subject of numerous articles, dissertations, and textbooks over the years, and this is hardly surprising. The bill of lading has a fascinating history, it has several functions with roots in both contract and property law, and its issuance may trigger the application of an international convention on the carriage of goods by sea, the Hague–Visby Rules. Whereas most books on the subject deal with the bill of lading in general, this book zooms in on the straight bill of lading and covers the differences (and similarities) with a negotiable (order or bearer) bill of lading.

35. Moore, J.N. (2023). The struggle for law in the oceans: how an isolationist narrative betrays America. Oxford University Press.

During the 1970s and 1980s the United States led the world in negotiating one of the most important treaties in history, the United Nations Convention on the Law of the Sea (UNCLOS). Through these negotiations the United States secured the largest area of maritime jurisdiction in the worldan area larger than the continental United States itself-and protected navigational freedom, so critical for Naval mobility. The United States was also recognized as having access to four deep seabed mine sites, each roughly the size of the State of Rhode Island, and each containing approximately a quarter trillion dollars in strategic minerals. Today UNCLOS is in force for 168 countries and the European Union. Isolationist arguments, however, have for a quarter-century prevented the Senate from voting on the Convention. This book is about the potential damage to American national interests caused by this isolationist narrative.

36. Siig, K., Feldtmann, B., & Billing, F.M.W. (eds.) (2023). The United Nations Convention on the Law of the Sea: a system of regulation. Routledge.

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) has for four decades been considered by many to be one of the most important legislative achievements of international law. It is revered as a “constitution of the oceans”, providing the legal framework for the governance of the oceans. This volume explores how the UNCLOS is functioning in various complex settings, how it adapts to new, emerging developments, as well as how it interacts with other regulation, both within the law of the sea regime and outside. Engaging in themes such as law and order at sea, UNCLOS’ interaction with human rights and the role of private actors, the book raises complex questions in the application, understanding, and enforcement of the convention and how it can be envisaged, interpreted, and used in a dynamic world. The volume also raises methodological questions, the answers to which may enhance the predictability and coherence of the law under UNCLOS and thus secure its role as the predominant and relevant system for legal governance at sea for many decades to come.

37. Mitchell, Ch., Watterson, S. (eds.) (2023). The world of maritime and commercial law: essays in honour of Francis Rose. Bloomsbury Publishing.

This collection of 20 essays contains recent work by legal scholars, practitioners and judges, all internationally renowned for their expertise in the fields of maritime and commercial law. For maritime lawyers, the book contains absorbing and important studies of the law governing maritime collisions, carriage of goods by sea (examining the meaning of “actual carriage” in the Hamburg Rules, and the complex web of rules that governs multimodal carriage), and marine insurance (discussing the history of the doctrine of utmost good faith, and jurisdiction clauses in cargo policies).

38. Sözer, B. (2023). Unmanned ships and the law. Routledge.

This book considers the law relating to the legal aspects of unmanned ships. The author, a doyen of shipping and insurance law from Turkey, delves into the current international legal regime and examines the probable impact of unmanned ships on liability and carriage of goods in a wide-ranging manner. He examines both the legal aspects and technological peculiarities of unmanned ships, as well as contemplating terminological and linguistic questions, to find out whether they can be compatible with the current legal regime applicable to ships in general, while considering alternatives to enable their successful use in the near future.

The review was prepared by Ivan Kobchenko

Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW

1. Gelgeç, A. (2022). Allocation of liability for dangerous goods under international trade law: CIF and FOB contracts. Bloomsbury Publishing.

This book explores the allocation of risk and liability of dangerous goods between the seller and the buyer under CIF (Cost, Insurance and Freight) and FOB (Free on Board) contracts, providing an in-depth study of the issue of carriage of dangerous goods in the context of international trade law. In addition to offering specific solutions to issues arising in the context of the contract of sale, the book provides a non-contractual angle, putting forward suggestions under non-contractual mechanisms. Importantly, the book incorporates case law examples from the Commonwealth and the US. Dangerous goods that are carried by sea can cause potential risks of losses and damages to the vessel, other cargoes, and lives on board. The book fills a gap in the literature by addressing the issue of the allocation of liability in detail with examples from multiple jurisdictions and proposing solutions.

2. Girvin, S. (2022). Carriage of goods by sea (3rd ed.). Oxford University Press.

Carriage of Goods by Sea provides an extensive comparative analysis of the carriage of goods by sea, examining the principles, regulation, responsibilities, obligations, and immunities within this area of English law, and other common law jurisdictions, in a single volume. The book covers all necessary aspects for understanding the law of carriage by sea. The third edition provides a thorough update from the publication of the previous edition in 2011 including new bills of lading, major Commonwealth developments impacting on the law in this field, and UK Supreme Court decisions. The new edition also includes a new chapter relating to damages.

3. Jia, S., Liz Zhao, L. (Eds.). (2022). Commercial and maritime law in China and Europe. Informa Law from Routledge.

Both China and Europe have a long tradition of commercial and maritime law. This book links the vital component of maritime law with commercial law, financial law, and trade policy. The book has performed a remarkable task in making connections between China and Europe through the lenses of substantive and procedural laws, covering a wide range of areas, including commercial law, insurance law, salvage, EU maritime law and Brexit, carriage of goods by sea, arbitration, mediation, litigation, the recently formed China International Commercial Court, and different liability regimes, as well as a brief look forward into new initiatives and artificial intelligence in the digital age.

4. Allen Sr., C. H. (2022). International law for seagoing officers (7th ed.). Naval Institute Press.

The seventh edition of this book brings clarity and context to international law for the seagoing professional. This book is the only work that addresses the international law of the sea from the perspective of the United States. For those who operate on, under and over the sea, international law can sometimes be as complex as it is important. This book was designed to bring clarity and context to international law for the seagoing professional. Following an introduction to public international law and a short history of the law of the sea, the book describes the rules that apply in ports and in the adjacent maritime zones, including the territorial sea, exclusive economic zone, archipelagic waters, and the high seas. A highlight of the book are the chapters that focus on subjects of greatest interest to the seagoing professional, including military and intelligence activities in the maritime domain, maritime law enforcement activities and the use of force at sea.

5. Rothwell, D. R. (2022). Islands and international law. Bloomsbury Publishing.

Islands and their status in international law have become one of the more contentious issues in public international law. However, despite this, there is no contemporary book-length study on the question. This book fills that gap. Written by one of the world’s leading public international lawyers, it offers an authoritative overview of how public international law operates in relation to islands. Key issues such as artificial islands, archipelagos, sovereignty, territorial rights, maritime entitlements, and governance are explored in depth.

6. Klein, N., Parlett, K. (2022). Judging the law of the sea. Oxford University Press.

The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called “constitution of the oceans”. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS, and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book’s analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of their decisions to date and assessing how those decisions have influenced and will continue to influence the law of the sea in the future. This book also engages with the diverse facets that continue to influence the process: who the Judges are, what they do, and what their roles might or should be.

7. Horna, A. (2022). Law of the sea and maritime delimitation: state practice and case law in Latin America and the Caribbean. Routledge.

The law of maritime delimitation has been shaped by the interpretation of certain provisions of the United Nations Convention on the Law of the Sea, which has led to State practice being neglected in current scholarship. This book presents an overview of the under-examined question of the impact of State practice in Latin America and the Caribbean on the development of the law of maritime delimitation. Examining the status of maritime boundaries in Latin America and the Caribbean, this book also ponders the impact of State practice and case law on the law of maritime delimitation. It outlines the historical framework of the establishment of maritime jurisdiction during colonial times and assesses the evolution of maritime delimitation and the contribution of Latin America and the Caribbean to the modern law of the sea.

8. Black, A., Papavizas, C. G. (2022). Maritime law answer book. Practising Law Institute.

Maritime Law Answer Book provides answers to maritime law questions facing specialists and non-specialists alike, addressing issues that impact vessel owners, vessel bankers, and shippers of goods. Beyond examining traditional issues that arise generally in maritime disputes, such as choice of law and limitation of liability, this resource covers an array of U.S. regulatory issues ranging from promotional programs, such as the Maritime Security Program and coastwise trade regulation, to vessel financing considerations, environmental protection regulations, and criminal enforcement. The coverage is organized by the basic communities that come into contact with maritime law, such as vessel owners, bankers, and cargo shippers, and focuses on the kinds of questions members of those communities are likely to encounter in their daily practice. And while the material focuses on U.S. law and practice, the authors include some reference to U.K. law, which has significant influence on many practices, leases, and financial transactions.

9. Letts, D., Mclaughlin, R. (Eds.). (2022). Maritime operations law in practice: key cases and incidents. Routledge.

The law that applies to maritime operations at sea is complex and comprises two distinct elements: treaty law (1982 United Nations Convention on the Law of the Sea), and the cases and incidents that occur at sea in both peacetime and during armed conflict which result in the creation of customary international law applicable to maritime operations at sea. This book covers sovereignty and vessel status, jurisdiction and interdiction, freedom of navigation, maritime law enforcement and security, and the law of naval warfare, this edited collection brings together the most famous and influential cases and incidents at sea. It explores the entire spectrum of maritime operations from “high end” war-fighting to constabulary operations that are conducted by naval forces and maritime law enforcement agencies at sea to provide the factual circumstances of each case or incident; it offers sophisticated analysis and insights into the case or incidents enduring importance, and their significance for the development of the law applicable to maritime operations, etc.

10. Bowley, R. (2022). Preventing terrorist attacks at sea: maritime terrorism risk and international law. Routledge.

Over recent decades, it has been widely recognised that terrorist attacks at sea could result in major casualties and cause significant disruptions to the free flow of international shipping. After discussing the overlaps and distinctions between piracy and maritime terrorism, this book considers how the International Ship and Port Facility Security Code, and other vessel identification and tracking measures in the 1974 International Convention for the Safety of Life at Sea, would be likely to reduce the risk of terrorist attacks at sea. It explains how the 1982 United Nations Convention on the Law of the Sea is less than clear on the powers of states to protect offshore installations, submarine cables and pipelines from interference by terrorists. In light of these uncertainties, it considers how the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against Maritime Navigation, the doctrine of necessity and states’ inherent self-defence rights might apply in the maritime security context, and other issues.

11. Anderson, C., Hare, J., & de la Rue, C. (2022). Shipping and the environment: law and practice (3rd ed.). Informa Law from Routledge.

From the time it was first published in 1998, Shipping and the Environment has been the leading text on international and US law and practice in this field. Written by renowned legal and insurance practitioners with over 100 years of combined specialist experience, including first-hand knowledge of many major incidents, it is not only a comprehensive reference work but an abundant source of introductory material and practical insights, all explained with a clarity appreciated by lawyers and non-lawyers alike in a broad international readership. While updating its core subjects of pollution from ships, wreck removal and dumping at sea, this enlarged text extends into other modern areas including pollution from offshore operations after Deepwater Horizon, plastics released into the sea, recycling of vessels, polar operations, and the fast-changing restrictions on carbon emissions from ships, as well as safety threats such as cyberattacks, terrorism and modern forms of piracy.

12. Nguyen, L. N. (2022). The development of the law of the sea by UNCLOS dispute settlement bodies. Cambridge University Press.

This is the first study to provide both a systematic assessment of the ways by which the dispute settlement bodies of the United Convention on the Law of the Sea (UNCLOS) contribute to the development of the law of the sea and an exposition of the factors that explain such contribution. The book analyses UNCLOS dispute settlement bodies’ decisions and the legal reasoning in key areas of the law of the sea. It further examines the factors that impact the decision-making process of UNCLOS tribunals to explain the parameters within which UNCLOS tribunals operate and how this impacts their ability and willingness to develop the law.

13. Robles, A. C., Jr. (2022). Vessel collisions in the law of the sea: the South China Sea Arbitration. Palgrave Macmillan.

This book focuses on the decision of the Tribunal in the South China Sea Arbitration that China had operated its law enforcement vessels in ways that created risks of collision with Philippine official vessels at Scarborough Shoal in April and May 2012. The book explains the International Regulations for Preventing Collisions at Sea (COLREGS) and the incidents in layperson’s terms. It analyzes China’s violations of the COLREGS on the basis of confidential Philippine documents declassified for the Arbitration, technical works by professional mariners, and the reports submitted by the navigational safety experts to the Tribunal.

The review was prepared by Ivan Kobchenko

Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW

1. Cartner, J. A. C. (2022). Cartner on the international law of the shipmaster: on the new command at sea (2nd ed.). Informa Law from Routledge.

This book contends that command depends on decision-making, and that shipmasters are not provided sufficient, timely, relevant, and pertinent information for command decisions. The book proposes voyage planning follow the spacecraft model of the USA’s National Aeronautics and Space Administration, providing readers with a metric for command. It constructively criticises the conventions and management and is aimed at reducing catastrophes by focusing on the hitherto elusive human factor in the shipmaster. Cartner proposes that command at sea be its own profession and discipline with those called to it specifically trained in its intricacies. The insights the book provides are an invaluable aid to decision making for the modern civil commander and anyone association with this pivotal and essential profession.

2. Reynolds, F. M. B., Rose, F. D. (2022). Carver on bills of lading (5th ed.). Sweet & Maxwell.

This book offers exhaustive coverage of the nature and uses of bills of lading and associated documents in commercial transactions, negotiations and disputes. Key features: offers an in-depth analysis of the use and operation of bills of lading and related documents; discusses the nature of a bill of lading, both as a receipt and as a contractual document; explains the roles of each party to the bill of lading contract; covers the contractual effects that follow a transfer of a bill of lading; examines bills of lading as documents of title; explains how and when third parties can be affected by bills of lading; analyses the Hague and Hague-Visby Rules for the international carriage of goods by sea in detail; offers commentary on the Rotterdam Rules; includes a new chapter on the Hamburg Rules.

3. Parlov, I. (2022). Coastal State jurisdiction over ships in need of assistance, maritime casualties and shipwrecks. Brill Nijhoff.

This book offers a comprehensive analysis of the rights and obligations of coastal States over ships in need of assistance, maritime casualties and shipwrecks under international customary law, treaty law and other international instruments. Important regime interactions are discussed in depth, most extensively the interaction between the 1982 United Nations Convention on the Law of the Sea and regulations adopted at the International Maritime Organization, but also between conventional and customary law, public and private law. In contrast to the existing literature that mostly focuses on separate issues such as intervention, places of refuge, salvage and wreck removal, this book takes a systemic approach to consider from the coastal State’s perspective jurisdictional problems at each stage of a maritime occurrence, deteriorating into a maritime casualty and ultimately into a wreck.

4. LexisNexis Editorial Staff. (Ed.). (2022). Florida maritime law and practice (7th ed.). LexisNexis.

The seventh edition of this book features the contributions of a of a group of authors and experts, and well as a dedicated steering committee. It is the ideal guide for Florida practitioners, with a focus on Florida-specific statutes, case law, and rules. The comprehensive source also cites to applicable secondary sources, as well as federal statutes and case law, and international law.

5. Braverman, I. (Ed.). (2022). Laws of the sea: interdisciplinary currents. Routledge.

This book assembles scholars from law, geography, anthropology, and environmental humanities to consider the possibilities of a critical ocean approach in legal studies. Unlike the United Nations’ monumental Convention on the Law of the Sea, which imagines one comprehensive constitutional framework for governing the ocean, Laws of the Sea approaches oceanic law in plural and dynamic ways. Critically engaging contemporary concerns about the fate of the ocean, the collection’s twelve chapters range from hydrothermal vents through the continental shelf and marine genetic resources to coastal communities in France, Sweden, Florida, and Indonesia.

6. Lothian, S. L. (2022). Marine conservation and international law: legal instruments for biodiversity beyond national jurisdiction. Routledge.

This book provides a blueprint for an International Legally Binding Instrument (ILBI) for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). The development of an ILBI could signify a pivotal turning point in the law of the sea. This book analyses the essential components an ILBI will require to effectively conserve and sustainably use BBNJ. It investigates potential areas of compromise, as the success of an ILBI will rely upon the support of a powerful bloc of maritime States, principally the United States, the United Kingdom, Russia, the Netherlands, France and Japan. The participation of major maritime powers will be critical as it is their nationals, corporations and flag vessels that have the financial and technical wherewithal to undertake activities beyond national jurisdiction.

7. Hwang, Yih-Jye, Frettingham, E. (Eds.). (2022). Maritime and territorial disputes in the South China Sea: faces of power and law in the age of China’s rise. Routledge.

This book rethinks the relationship between power and law in the age of China’s rise by examining recent developments in the South China Sea (SCS). The contributors explore different interpretations of international law on the legal status of the contested islands and rocks and provide detailed analyses of the contested concepts and provisions, the 2016 ruling by the SCS arbitration tribunal, as well as the environmental, economic, and political impacts of the ruling. This book facilitates a more meaningful and productive dialogue over the intersection, interaction, and interdependence between power and law in the context of the SCS.

8. Harris, P. G. (Ed.). (2022). Routledge handbook of marine governance and global environmental change. Routledge.

Many of the most profound impacts of global environmental change, and climate change in particular, will occur in the oceans . It is vital that we consider the role of marine governance in adapting to and mitigating these impacts. This comprehensive handbook provides a thorough review of current thinking about marine environmental governance in the context of global environmental change. Initial chapters describe international law, regimes, and leadership in marine environmental governance. This is followed by an exploration of the role of non-state actors, including scientists, nongovernmental organisations, and corporations. The next section includes a collection of chapters highlighting governance schemes in a variety of marine environments and regions. Subsequent chapters examine emerging issues in marine governance.

9. Baughen, S. (2022). Summerskill on laytime (7th ed.). Sweet & Maxwell.

Summerskill on Laytime, a key and established title in this specialist field, comprehensively covers laytime and demurrage under English law. Ideal for practitioners in the field, this title presents the principles behind laytime, the standard clauses, interruptions, suspensions, demurrage, detention and dispatch. The seventh edition updates the text to take account of key case law.

10. Duan, W. (2022). The international legal regime relating to marine protected areas in areas beyond national jurisdiction: identifying and addressing gaps. Brill Nijhoff.

This book identifies the “participatory”, “competence” and “geographical” gaps in the international legal regime relating to marine protected areas (MPAs) in areas beyond national jurisdiction (ABNJ) and provides insight into how to address these gaps. The book concludes that the gaps can be addressed only to a limited extent under the current international legal framework; however, the prospective international legally binding instrument (ILBI) on the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ) might well make further contributions.

11. Matz-Lück, N., Jensen, Ø., & Johansen, E. (Eds.). (2022). The law of the sea: normative context and interactions with other legal regimes. Routledge.

The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes.

12. Talmon, S. (2022). The South China Sea Arbitration: jurisdiction, admissibility, procedure. Brill Nijhoff.

This book examines the South China Sea Arbitration between the Philippines and China, widely hailed as a landmark case in the law of the sea. Stefan Talmon argues that while the Tribunal assembled international lawyers of the highest repute and unrivalled experience, the case was nevertheless decided wrongly. He examines every step of the proceedings and critically engages with both the Philippines’ submissions and the Tribunal’s rulings. He finds that the Tribunal was lacking jurisdiction to decide the case, that some of the Philippines’ claims were also inadmissible, and that the Tribunal’s awards were tainted with procedural errors.

13. Young, T., Ashcroft, M., Cooke, J., Taylor, A., Kimball, J. D., Martowski, D. W., Lambert, L., & Sturley, M. F. (2022). Voyage charters (5th ed.). Informa Law from Routledge.

Widely regarded as the leading authority on voyage charters, this book is the most comprehensive and intellectually-rigorous analysis of the area, is regularly cited in court and by arbitrators, and is the go-to guide for drafting and disputing charterparty contracts. Voyage Charters provides the reader with a clause-by-clause analysis of the two major charterparty forms: the Gencon standard charterparty contract and the Asbatankvoy form. It also delivers thorough treatment of COGSA and the Hague and Hague-Visby Rules, a comparative analysis of English and United States law, and a detailed section on arbitration awards.

Illustration from the Maritime Law journal 3/2022, p. 118
Illustration from the Maritime Law journal 3/2022, p. 118
Illustration from the Maritime Law journal 3/2022, p. 118
Illustration from the Maritime Law journal 3/2022, p. 118

Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW

1. Roland Holst, R. J. (2022). Change in the law of the sea: context, mechanisms and practice. Brill Nijhoff.

The oceans provide a vivid illustration of the relationship between an ever-changing context and a formalistic legal framework. The 1982 UN Convention on the Law of the Sea, hailed as one of the greatest achievements of international law-making, is confronted with dramatically different present-day exigencies. Change in the Law of the Sea provides an analysis and synthesis of the mechanisms that allow this “old” treaty to respond to its contemporary context, shining new light not only on how change occurs in international law, but also on how the sources of demand for change are themselves changing.

2. Li, J. (2022). China’s maritime boundaries in the South China Sea: historical and international law perspectives. Routledge.

Maritime boundary disputes in the South China have existed for centuries, and researchers from a variety of countries have analysed the situation from a great many points of view. Yet, and despite its status as one of the major countries in the region, Chinese perspectives have often been absent from the international literature. This book redresses that balance. Bringing together scholarship from history and international law, this book provides a lens through which maritime territorial disputes in the South China Sea can be interrogated. Not only does it detail the historical and jurisprudential evidence that support maritime boundaries in the South China Sea for different stakeholders, but it also clarifies some misconceptions related to China’s nine-dash lines by referring to the UNCLOS. Moreover, the book offers in-depth discussion and observation on the most recent developments in the South China Sea.

3. Kraska, J., Pedrozo, R. (2022). Disruptive technology and the law of naval warfare. Oxford University Press.

Conflict at sea has been transformed by disruptive technologies, creating a dynamic and distributed operational environment that extends from the oceans to encompass warfare on land, in the air, outer space, and cyberspace. This raises choice of law decisions that include the law of naval warfare and the law of armed conflict, neutrality law, and the peacetime regimes that apply to the oceans, airspace, outer space, and cyberspace. This book gives readers an understanding of the discrete but overlapping legal frameworks connected to the law of naval warfare and explores related concepts of seapower and naval technology.

4. Tamada, D., Zou, K. (Eds.). (2021). Implementation of the United Nations Convention on the Law of the Sea: state practice of China and Japan. Springer.

This book analyses the implementation of the UNCLOS in the light of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states.

5. Laganière, G. (2022). Liability for transboundary pollution at the intersection of public and private international law. Hart Publishing.

This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law.

6. Nixon, D. W., Daly, M. J., Farady, S. E., Porter, R. D., & Wyman, J. B. (2022). Marine and coastal law: cases and materials (3rd ed.). Praeger.

This extensively updated third edition of the classic casebook Marine and Coastal Law provides readers with an authoritative, comprehensive, and up-to-date guide to landmark laws, regulations, and legal decisions governing the United States’ vast marine and coastal resources. It provides an essential overview of landmark legal decisions and statutory provisions in U.S. marine and coastal law, with a particular emphasis on regulatory changes and legal conflicts involving climate change, coastal resilience/protection, and sea level rise.

7. Maraist, F. L., Galligan, T. C. Jr., Sutherland, D. A., & Kuebel, S. B. (2022). Maritime law (American Casebook Series) (4th ed.). West Academic Publishing.

The fourth edition of this law school casebook, like the first three, focuses on modern admiralty practice. The selected cases and materials discuss current issues faced by a maritime lawyer, in addition to the historical bases and evolution of those issues. This fourth edition includes new and significant cases, including maritime contracts, seaman status, and punitive damages.

8. Østhagen, A. (2022). Ocean geopolitics: marine resources, maritime boundary disputes and the law of the sea. Edward Elgar Publishing.

In an era of turbulent ocean geopolitics, where environmental concerns and resource extraction are increasing interest in who owns what at sea, this timely book examines the international politics involved in how states delineate ownership and rights in the ocean. Analysing why some states settle their maritime boundary disputes and why others erupt into conflict, Andreas Østhagen uses the innovative approach of combining international law and international relations theory to examine four countries and their maritime disputes: Australia, Canada, Colombia and Norway.

9. Daniels, S. (2022). Responsibility and accountability in maritime law: criminalisation of the ship’s master. Informa Law from Routledge.

The criminalisation of seafarers has been observed as a growing phenomenon for more than forty years, presenting a picture of increasing liability upon the Master even though their responsibilities remain essentially unchanged in generations of maritime law. Because of the demand by society to find someone to blame for environmental and human loss, there is a constant flow of cases, which serve to confirm the phenomenon but offer no solutions to defend the innocent. The structure of the maritime environment in which they work has changed dramatically, as evidenced by the complex evolution of fleet ownership and management, leaving the Master with diminished management influence.

10. Candy, P., Ferrandiz, E. M. (Eds.). (2022). Roman law and maritime commerce. Edinburgh University Press.

Bringing together specialists in ancient history, archaeology and Roman law, this book provides new perspectives on long-distance trade in the Roman world. Recent archaeological work has shown that maritime trade across the Mediterranean intensified greatly at the same time as the Roman state was extending its power overseas. This book explores aspects of this development and its relationship with changes in the legal and institutional apparatus that supported maritime commerce. It analyses the socio-legal framework within which maritime trade was conducted, and in doing so presents a new understanding of the role played by legal and social institutions in the economy of the Roman world. Chapters cover: Roman maritime trade, the influence of commercial considerations on navigational decision making, Roman legal responses to the threat of piracy, the conduct of Roman maritime trade from a socio-legal perspective, the role of written documentation in the transport process, maritime finance and the insights provided by the juristic interpretation of contracts of carriage-by-sea into aspects of Roman private law.

11. Soyer, B., Tettenborn, A. (Eds.). (2021). Ship operations: new risks, liabilities and technologies in the maritime sector. Informa Law from Routledge.

This book covers in one handy volume all the major topics associated with ship operations. Carefully co-ordinated to ensure breadth, relevance and lack of overlap, the topics covered are addressed by authors are the very top of their profession, whether in legal practice or academia, and are presented in a manner which is topical and clear. Part I offers a detailed and critical analysis of issues of contemporary importance concerning new liability regimes and developments. Part 2 discusses how parties, in particular ship operators, attempt in contemporary practice to allocate their risks concerning ship operations. Part 3 evaluates the legal position of those involved in more “back office” operations.

12. Churchill, R., Lowe, V., & Sander, A. (2022). The law of the sea (4th ed.). Manchester University Press.

The book provides a rigorous analysis of the 1982 UN Convention on the Law of the Sea and the many other legal instruments that regulate human activities at sea, as well as taking full account of the numerous decisions of international courts and tribunals in recent years. It also traces the historical background to the law and its broader political, economic and environmental context. The new edition includes substantially expanded coverage of contemporary threats faced by the marine environment from human activities, such as the loss of marine biodiversity, the effects of climate change on the oceans and the vast amounts of plastic polluting the sea.

13. Ascencio-Herrera, A., Nordquist, M. H. (Eds.). (2022). The United Nations Convention on the Law of the Sea, part XI regime and the International Seabed Authority: a twenty-five year journey. Brill Nijhoff.

This book adopts a unique multidisciplinary approach by focusing on the legal, scientific, and economic perspectives of the United Nations Convention on the Law of the Sea and the Agreement relating to the Implementation of Part XI of the Convention. Central to its theme is raising awareness of the important role of the International Seabed Authority and how much it has achieved over the last 25 years in creating a regime for deep seabed mining. Through the rich and wide range of contributions, readers will be able to draw interesting new insight into the Authority’s evolutionary work as well as its legal framework.

14. Klein, N. (Ed.). (2022). Unconventional lawmaking in the law of the sea. Oxford University Press.

This book explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. Other than conventions and customary international law, there is a plethora of international agreements that influence international conduct. This “soft law” or “informal law” is now prolific in ocean governance, and so it is time to consider its significance for the law of the sea. Informal lawmaking is examined in relation to ocean resources, maritime security, shipping and navigation, and the marine environment. In each instance, there are reflections on the diverse actors, processes, and outputs shaping the regulation of the oceans. The analyses in this book further consider what this activity means within the rules on the sources, formation, and interpretation of international law. This book surveys the scope of informal lawmaking in the law of the sea and evaluates the significance of this activity.

The Review was prepared by Ivan Kobchenko

Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW

1. Galligan Jr., T.C., Kuebel, S.B., Maraist, F.L., & Sutherland, D.A. (2022). Admiralty in a nutshell (8th ed.). West Academic Publishing.

This book addresses maritime tort law, collision law, worker injury claims, wrongful death, and platform injuries. It explores maritime property liens and the seaman’s employment contract, wages, and compromise of claims. The work discusses marine insurance, towage and pilotage, salvage, and general average. It also covers sovereign immunity; joint and several liability, indemnity, and contribution; liability limitations; and jurisdiction and procedure in maritime claims.

2. Goodman, C. (2022). Coastal state jurisdiction over living resources in the exclusive economic zone. Oxford University Press.

Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights. This book examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. The author explores the key concepts of “fishing” and “fishing related activities” to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. The author also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit.

3. Baughen, S., Soyer, B., & Tettenborn, A. (Eds.). (2022). Disruptive technologies, climate change and shipping. Informa Law from Routledge.

This book analyses the impact of two vital and contemporary developments on shipping law and practice: disruptive technologies and climate change. It considers the impact of these new technologies, honing in on likely emerging issues and unresolved questions, especially about existing and potential private law liabilities and concentrates, from the point of view of English, EU and international law, on the legal implications of climate change and associated environmental risks in the shipping sector.

4. Bateman, S. (2021). Freedoms of navigation in the Asia-Pacific region: strategic, political and legal factors. Routledge.

The need for freedoms of navigation in regional waters is frequently mentioned in statements from regional forums, but a common understanding of what constitutes a particular freedom of navigation or the relevant law is lacking. This book discusses how law, politics and strategy intersect to provide different perspectives of freedoms on navigation in the Asia-Pacific region. These freedoms are very important in this distinctively maritime region, but problems arise over interpreting the navigational regimes under the law of the sea. The book explores these issues, referring in particular to the position of the main protagonists on these issues in Asian waters – the United States and China – with their strongly opposing views. The book concludes with a discussion of the prospects for either resolving these different perspectives or for developing confidence-building measures that would reduce the risks of maritime incidents.

5. Rowbotham, M. (2022). Freeports and free zones: operations and regulation in the global economy. Informa Law from Routledge.

This book explains the definition, concepts, practices and procedures of Free Zone operations; how they are created, how they operate, and their benefits to the global and national economy. Readers will be able to understand why Free Zones exist, their role in the development and maintenance of international trade, and how they contribute to national and global economic development and wellbeing, especially in developing nations. The author explains the processes in the establishment of Free Zones, and how government legislation and initiatives assist in this process. The book comprehensively but accessibly covers the topics of Freeports, Free Zones, Export Processing Zones (EPZs) and Special Economic Zones (SEZs), as well as issues such as Customs requirements, Free Zone law and government initiatives.

6. Elferink, A.O., Lucia, V.D., & Nguyen, L.N. (Eds.). (2022). International law and marine areas beyond national jurisdiction: reflections on justice, space, knowledge and power. Brill Nijhoff.

The legal regime of marine areas beyond national jurisdiction (ABNJ) has received much attention in the last decades. The ongoing process in regards of an agreement on the conservation and sustainable use of marine biodiversity in ABNJ, initiated in the early 2000s (BBNJ process) is crucial evidence of this. However, this process reflects entrenched interests and political and legal structures, muting other voices and alternative approaches. This book investigates competing constructions of ABNJ and their role in the creation and articulations of legal principles, which provides a broader perspective on the BBNJ process.

7. Ishii, Y. (2021). Japanese maritime security and law of the sea. Brill Nijhoff.

Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. This book is the first title to provide a comprehensive and detailed analysis on these themes in English, examines Japan’s domestic laws and its approach to international law. The topics covered include Japan’s claim over its maritime entitlement, policies on the use of force at sea, and the mandates of the Self-Defense Force and the Japan Coast Guard to use coercive measures in maritime zones and airspace, both in peacetime and in times of emergency.

8. Rothwell, D.R., & Letts, D. (Eds.). (2021). Law of the sea in South East Asia: environmental, navigational and security challenges. Routledge.

The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history.

9. De Aguirre, C.F. (Ed.). (2022). Legal aspects of cruises. Springer.

This book presents a comparative study on various issues regarding legal aspects of cruises – mainly, the importance of the cruise business, the impact of cruise tourism, general and specific rules applicable to cruises, liability issues, cruise passengers as consumers, package travel, labor rules for cruise workers, relevant rules on ports, rules on the environmental impact of cruises, jurisdiction, arbitration, and choice of law in cruise contracts, and general conditions used by companies offering cruise services – in order to identify the current sources of law on these matters and determine whether or not they are appropriate and sufficient. Combining a general report with individual national reports, the book offers not only a general overview, but also the perspectives of selected jurisdictions in the Americas, Europe and Asia, namely: Argentina, Belgium, Bulgaria, Germany, Japan, Poland, Romania, Spain, Turkey, the United States, and Uruguay.

10. Arguello, G. (2021). Marine pollution, shipping waste and international law. Routledge.

Waste management poses increasing challenges to both the protection of the environment and to human health. To face these challenges, this book claims that environmental law needs to shift attention from media-specific pollution regimes to integrative life-cycle approaches of waste management i.e., from the prevention of waste generation to the actual handling of wastes. Furthermore, the cooperation of States and the establishment of coordinated activities is essential because states can no longer have separate standards for wastes posing transboundary risks and for “purely domestic” wastes. Drawing upon both International and EU law, the book provides a detailed analysis of the regimes set up to deal with the transboundary movement of wastes and ship-source pollution.

11. Akpan, A. (2021). Maritime cabotage law. Routledge.

This is the most comprehensive review of maritime cabotage law. It introduces the new theory of Developmental Sovereignty to jurisprudence. The maritime cabotage law provisions and approaches as adopted in many states and jurisdictions has been extensively scrutinised. This book challenges the established and accepted wisdom surrounding maritime cabotage by presenting new reasoning on the underpinning principles of the concept of maritime cabotage law. The book offers a vibrant discussion on the adjustment in the regulatory approaches of maritime cabotage, from one that was intrinsically premised on the idea of national sovereignty, to one that now embraces the broader ideology of development. It investigates what the common understanding of the law of maritime cabotage should be and on what intellectual basis it can be justified. It reduces the inconsistencies and confusion that surround the concept and application of maritime cabotage law, to provide a more certain and more robust concept of maritime cabotage.

12. Yiallourides, C. (2021). Maritime disputes and international law: disputed waters and seabed resources in Asia and Europe. Routledge.

The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and mineral resources in the disputed waters, creating an urgent need for a meaningful discussion on finding a practical way forward.

13. Lyall, F. (2022). Technology, sovereignty and international law. Routledge.

The dogma of the sovereignty of the state, deriving from the Peace of Westphalia, underpins much of the modern-day international system. However, developments in recent technology have led this ideology to depart from reality. Viewing state sovereignty through the prism of public international law, the book will begin with an overview of the settlement of Westphalia, how it has influenced international documents ever since, and how the advantages of centralised decisions came to be perceived. By surveying the Law of the Sea, Maritime Law, Air and Aviation, Telecommunications, Postal Services, Space Law and Mensuration, the book demonstrates how, in each, the interplay between state sovereignty and developing technologies have caused significant legal change.

14. Anderson, W. (2022). The law of the sea in the Caribbean. Brill Nijhoff.

A generation of legal pioneers imagined a decisive role for the law of the sea in the advancement of developing states. The jewel in the crown of that vision was the juridical recognition of significant wealth of the oceans as the common heritage of mankind. This book gives an accounting of the reach of the law of the sea into Caribbean development. It argues for greater regional cooperation as a means of achieving the promise of the contribution of the sea towards the economic and social progression of Caribbean States.

15. Bansal, A., Goel, D., & Singh, S. (2022). UNCLOS: solutions for managing the maritime global commons. Pentagon Press.

With increased economic activities and shifting of global power axis, the 21st century will witness greater human interface with the oceans. While global powers may contest to dominate the waters essential for trade and sustenance, the emerging powers and rising economies will be aspiring for freedom of navigation to bolster their trade and economic independence. Consequently, there is potential for conflict and therefore greater need for laws to govern the activities in the high seas.

However, often the powerful nations do not completely abide by the idea of a rules based international order. The contestation in South China Sea is a clear manifestation of this trend. This book deals with how the UNCLOS could provide solutions for managing the maritime global commons. The book also provides an ideal example of how extremely complex maritime disputes between India, Bangladesh and Myanmar were resolved in the Bay of Bengal.

Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW

1. Cabus, T. (2021). Due Diligence and the High Seas. Routledge.

There has been a rapid growth of interest in due diligence, especially in the fields of environmental law and the law of the sea. Yet, confusion seems to surround this notion. Is due diligence a principle, a rule, a standard or something else? This book firstly explores thoroughly the concept of due diligence, its purpose and its mechanisms in order to propose a comprehensive theory of due diligence in harmony with the general law of State responsibility. In the meantime, this book also explores the usefulness of due diligence to address modern challenges afflicting the high seas.

2. Tsimplis, M. (2021). Environmental Norms in Maritime Law. Edward Elgar Publishing.

This timely book examines the reform of maritime law under the influence of environmental principles and the effects of these changes in the legal relationships between maritime stakeholders. Providing an integrated assessment of the use of environmental principles in the governance of shipping and maritime law, it argues that normative barriers supported by short term financial interests, the balance of power between states and the technocratic character of the IMO are delaying necessary changes to support sustainable development and thus endanger the marine environment.

3. Tester, R. C. (2021). Fresh Produce Shipping: damages and compensation. Informa Law from Routledge.

This book is an in-depth study of air and ocean goods-in-transit claims. It sets out to guide and assist businesses within the fresh produce industry to successfully implement the best processes and procedures to maximise their recovery efforts against contracted carriers. It focuses heavily on protecting the rights and recovery aspects of companies involved in growing, selling, and transporting fresh produce. It gives an easy-to-understand guide to the management and requirements of submitting claims. It provides an overview of the shipping terms and procedures involved when raising a claim. The book offers specific and detailed industry knowledge to stakeholders who would not normally have access to such information without the employment of specialists or legal counsel.

4. Informa UK Ltd. (ed.). (2021). Lloyd’s Maritime Atlas of World Ports and Shipping Places 2022–2023. 32nd ed. Informa Law from Routledge.

Published since 1951, Lloyd’s Maritime Atlas is the oldest and most respected atlas in the shipping industry. A comprehensive reference for locating the world’s busiest ports and shipping places, this new edition has been fully updated and enhanced with brand new maps and features to alleviate the demands on today’s busy shipping professional.

In the 2022–2023 edition:

• fully up to date with the latest port names and locations;

• up-to-date MARPOL regulations (2021), including SECA areas and worldwide PSSAs;

• double page spread revealing piracy hotspots and detailed analysis of routes to avoid as well as a symbol indicating incidence of piracy on the main maps;

• world map of vaccinations required to protect against major global diseases;

• up-to-the-minute Marine Distance Tables and fleet statistics.

5. Merkin, R. (2021). Marine Insurance: a legal history. Edward Elgar Publishing.

This authoritative work forms a comprehensive examination of the legal and historical context of marine insurance, providing a detailed overview of the events and factors leading to its codification in the Marine Insurance Act 1906. It investigates the development of the legal principles and case law that underpin the Act to reveal how successful this codification truly was, and to demonstrate how these historical precedents remain relevant to marine insurance law to this day.

6. Zou, K., & Telesetsky, A. (eds.). (2021). Marine Scientific Research, New Marine Technologies and the Law of the Sea. Brill Nijhoff.

Viewed from space, one might imagine “Planet Ocean” a more apt name for Earth. For policy makers from oceanic States, the oceans are the next frontier for scientific discoveries and deployments of new technologies. This book offers legal insights from international scholars based in Asia, Europe, and North America on existing and evolving legal regimes for marine scientific research and marine technology under the UN Convention on the Law of the Sea. Topics covered include marine scientific research in disputed areas, unmanned and autonomous merchant ships, floating nuclear power plants, and marine genetic resources.

7. Aznar, M. (2021). Maritime Claims and Underwater Archaeology: when history meets politics. Brill Nijhoff.

To what extent can underwater archaeology and underwater cultural heritage support a State’s maritime claim? Many States have plausibly extended their maritime legislative and executive jurisdiction to the outer limit of the contiguous zone to better protect underwater cultural heritage. However, some States-such as Canada in the Arctic, China in the South China Sea, or Russia in Crimea-are going further, claiming sovereignty over disputed maritime areas or even the high seas. This book, aimed at internationalists and archaeologists, critically assesses these recent practices, reviewing this search for buried sovereignty from a legal, historical, and ethical perspective.

8. Beadnall, S., & Moore, S. (2021). Offshore Construction: law and practice. 2nd ed. Informa Law from Routledge.

This updated book provides practical guidance on avoiding and resolving disputes in the construction of offshore units and vessels. It covers the entire construction process from initial concept right through to installation, at each stage commenting on typical contract terms and offering expert advice based on real-life examples. This second edition has been updated to include new case law as well as a new chapter on financing. The existing chapters will feature more information on payment mechanisms and on transportation and installation.

9. Rocha, A. (2021). Private Actors as Participants in International Law: a critical analysis of membership under the law of the sea. Hart Publishing.

This book examines the status of private actors as subjects of law under the rules of the international law of the sea. Providing a methodology for the notion of a single legal personality, it provides a clear understanding of membership in international law in order to establish to what extent private actors can be rights-holders or duty-bearers. It does this by taking a theoretical perspective which allows the reader to interpret their relevance in international law. This unique and innovative work makes a significant contribution to the current scholarly debates on private actors in international law.

10. Vanderzwaag, D., Oral, N., & Stephens, T. (eds). (2021). Research Handbook on Ocean Acidification Law and Policy. Edward Elgar Publishing.

This book provides a guide to navigating the tangled array of laws and policies available to counter the multiple threats of ocean acidification. It investigates the limitations and opportunities for addressing ocean acidification under global governance frameworks, including multilateral environmental agreements, law of the sea and human rights instruments. The book also describes regional and national approaches and challenges in responding to ocean acidification. The special vulnerabilities of the Arctic, Antarctic and South Pacific are highlighted. Limited responses by regional sea programmes and regional fisheries management organizations are summarized. Case studies are provided from Australia, Brazil, China and the United States.

11. Xu, X. (2021). Responsibility to Ensure: sponsoring states’ environmental legislation for deep seabed mining and China’s practice. Brill Nijhoff.

The contractors are those private or state-owned companies that carry out activities in the Area, which, due to the lack of subjectivity under international law, are not obliged by the UNCLOS. In this book, Xiangxin Xu highlights and analyses how states ensure their contractors’ compliance with environmental obligations under the UNCLOS and related legal instruments by enacting national legislation. She examines how and to what extent the sponsoring State validates and implements the international system at the domestic level and makes up for the shortcomings of the international system in managing contractors. The author further takes China’s legislation as an example and provides how it can be improved.

12. Zou, K. (2021). The International Law of the Sea in the 21st Century: state practice in East Asia. World Scientific Publishing Company.

The international law of the sea is the oldest branch in traditional international law but also a fast developing branch in contemporary international law. After the entry into force of the UN Convention on the Law of the Sea in 1994, there have been considerable developments in the field of the law of the sea. Some provisions of the Convention proved to be inadequate, ambiguous or difficult for an effective implementation. This book attempts to reflect the latest developments in the law of the sea. While the book takes a holistic approach, it has made a special reference to East Asia, the most vibrant region in economic development and the most volatile place in maritime disputes in today’s world.

13. Ma, X. (ed.). (2021). The Spratly Islands and International Law: legal solutions to coexistence and cooperation in disputed areas. Brill Nijhoff.

In this book, Xuechan Ma offers a detailed analysis of legal solutions to achieve coexistence and cooperation in the Spratly Islands in the absence of maritime delimitation. This book challenges the classical territoriality model of jurisdiction in international law, which is ineffective in the Spratly Islands context where complex and contentious situations call for different solutions. Based on the substance-procedure duality of international law, the author draws on extensive sources of international law including cases, treaties, practice and doctrine, and formulates novel, concrete proposals to indicate the way forward for the Spratly Islands.

Ассоциация морского права “RUMLA”

www.RUMLA.org

Illustration from the Maritime Law journal 5/2021, p. 114
Illustration from the Maritime Law journal 5/2021, p. 114
Illustration from the Maritime Law journal 5/2021, p. 114
Illustration from the Maritime Law journal 5/2021, p. 114

Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW

1. Advanced Introduction to Maritime Law by Paul Todd

Written by leading scholar Paul Todd, this Advanced Introduction draws on the author’s decades of experience researching and teaching maritime law, offering a clear and concise introduction to the core areas of the field. In addition to providing a primer on the substance, it explains the worldwide applications of English law, and surveys the sources of law and how to locate them. It also highlights some of the difficulties in interpreting the law and pinpoints which individuals have been instrumental in doing so, and in making and developing the law.

2. Arnould’s Law of Marine Insurance and Average. 20th ed.

by Jonathan Gilman, Mark Templeman, Claire Blanchard, Philippa Hopkins, Neil Hart, David Walsh

Arnould Law of Marine Insurance and Average explains the form, contents and construction of marine insurance policies, and the procedures and evidence required in bringing a case.

Chapters 4 (Regulation) and 6 (Jurisdiction and Applicable Law) have been significantly revised to deal with the position post-Brexit (in so far as that position is yet determined).

Also covered are a number of decisions handed down since the last supplement, including:

1) ABN Amro Bank NV v Royal and Sun Alliance Insurance plc;

2) Delta Petroleum Caribbean Ltd. v BVI Electricity Corp. (SC);

3) Acorn Finance v Markel;

4) Alize 1954 and CMA CGM v Allianz (CA);

5) Stoffel v Grondona (SC); and

6) Herculito Maritime Ltd. v Gunvor International BV.

3.1. Chinese Maritime Cases: Selection for Year of 2014

3.2. Chinese Maritime Cases: Selection for Year of 2015

3.3. Chinese Maritime Cases: Selection for Year of 2016

3.4. Chinese Maritime Cases: Selection for Year of 2017

ed. by Martin Davies, Jiang Lin

These books select leading, innovative and influential Chinese maritime judgments and presents full translation of them, with brief summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. China trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each single day. The books remedy to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions.

4. International Law and Corporate Actors in Deep Seabed Mining by Joanna Dingwall

The deep seabed beyond national jurisdiction (known as the Area) comprises almost three-quarters of the entire surface area of the oceans, and is home to an array of prized commodities including valuable metals and rare earth elements. In recent years, there has been a marked growth in deep seabed investment by private corporate actors, and an increasing impetus towards exploitation. This book addresses the unresolved legal challenges which this increasing corporate activity will raise over the coming years.

5. Laytime and Demurrage. 8th ed.

by John Schofield

Laytime and Demurrage is the leading authority for all queries pertaining to this vital aspect of maritime law. It has continued to offer reliable, authoritative, and in-depth analysis since the first edition published in 1986. Praised for its unrivalled coverage and lucid writing style, this book provides a comprehensive overview of all aspects of laytime and demurrage, tracing the development of the law from its origins in the nineteenth century right up to the present day.

6. Non-State Actors’ Rights in Maritime Delimitation: Lessons from Land by Marianthi Pappa

Most of the world’s maritime boundary disputes involve privately held rights – relating to such matters as fishing, petroleum exploration and scientific research – that states have unilaterally granted to non-state actors in areas of overlapping national claims. An international lawyer would typically investigate the legality of a state’s decision to create such rights without notifying or consulting its neighbour, and the legal consequences this action would have for the interests of the states concerned. Departing from this approach, Dr. Marianthi Pappa examines such situations from the perspective of the non-state actors.

7. Piracy and the Privatisation of Maritime Security: Vessel Protection Policies Compared by Eugenio Cusumano, Stefano Ruzza

In response to pirate attacks in the Western Indian Ocean, countries worldwide have increasingly authorized the deployment of armed guards from private military and security companies (PMSCs) on merchant ships. This widespread trend contradicts states’ commitment to retain a monopoly on violence and discourage the presence of arms on civilian vessels. This book conceptualizes the extensive use of PMSCs as a form of institutional isomorphism, combining the functionalist, ideational, political and organizational arguments used to account for the privatization of security on land into a synthetic explanation of the commercialization of vessel protection.

8. Ports, Crime and Security: Governing and Policing Seaports in a Changing World by Anna Sergi, Alexandria Reid, Luca Storti, Marleen Easton

The COVID-19 pandemic, Brexit and the US-China trade dispute have heightened interest in the geopolitics and security of modern ports. Ports are where contemporary societal dilemmas converge: the (de)regulation of international flows; the (in) visible impact of globalization; the perennial tension between trade and security; and the thin line between legitimate, illicit and illegal. Applying a multidisciplinary lens to the political economy of port security, this book presents a unique outlook on the social, economic and political factors that shape organized crime and governance.

9. Ship Building, Sale and Finance

Ed. by Baris Soyer, Andrew Tettenborn

Written by a team of acclaimed practitioners and leading academics, this book brings together in one single volume an analysis of contemporary legal issues concerning ship building, sale and finance contracts. It offers a comprehensive, expert and thoroughly practical guide on what is a very complex area of law in today’s international shipping industry.

10. The Law of Wreck by Nicholas Gaskell, Craig Forrest

This book covers wreck law as an integrated whole, going beyond the question of “removal” to include issues such as the ownership of wreck and how the law deals with the many commercial law problems arising after ships have been wrecked during the maritime commercial adventure. The book offers authoritative guidance on the genesis and meaning of the Nairobi Wreck Removal Convention 2007, and the interpretation of its often-complex provisions as they apply both to States trying to use its powers and to shipowners and liability insurers faced by its obligations.

11. The Law of Yachts & Yachting. 2nd new edition

Ed. by Richard Coles, Filippo Lorenzon

Now it its second edition, The Law of Yachts and Yachting is a comprehensive treatise on the law relating to yachts and provides its readers with a thorough analysis of maritime law as relevant to the superyacht sector. Written by a team of leading yachting practitioners and researchers, it covers the legal issues arising during the life of a yacht. The book is written for the legal practitioner, yacht-broker and manager concerned with the operation of professionally crewed yachts including financing, registration, chartering, insurance, compliance and casualty management.

12. The Modern Law of Marine Insurance. Vol. 4

Ed. by Rhidian Thomas

This latest and fourth volume in the series comprises ten contributions written by an expert team of academics and practitioners and which collectively analyse and expound many of the contemporary legal issues and debates in the law and practice of marine insurance. Some of the contributions touch upon areas of the law which will be amended by the Insurance Act 2015, and provide an insight to the future changes in the law.

13. Transport Law on Passenger Rights

Ed. by Marko Pavliha

Europe and also the rest of the world has experienced a boom in mobility over the last thirty years. During the past few decades, international and European transport law has developed almost to revolutionary extent. This book will cast light through a critical prism on the most important characteristics of the international transport law, the EU legislation and jurisprudence regarding passenger rights during the carriage by air, sea, rail and road.

Literature

Problems of the Limited Powers of the Master of a Ship as an Inquiry Body

Kseniya Spekhova

3rd-year student of law faculty Saint-Petersburg Institute (subsidiary) of Russian State University of Justice (Russian Legal Academy of the Ministry of Justice)

According to the current legislation of the Russian Federation, if signs of violation of the Criminal Code of the Russian Federation are established on a ship that is on a coastal or foreign voyage, the master of a ship assumes the functions of an inquiry body. The actions of the master of a ship as an inquiry body are regulated by the criminal procedure legislation of the Russian Federation, as well as the Code of Merchant Shipping. This article analyzes the problem of the subtleties and nuances of the captain’s performance of the inquiry body functions: what laws and regulations they rely on, as well as how the process of inquiry goes on. The analysis is carried out based on the current laws of the Russian Federation. The author comes to the conclusion that the status of the master of a ship as an inquiry body in criminal proceedings needs to be changed for greater efficiency of the inquiry process on ships that are at sea.

Problems of the Limited Powers of the Master of a Ship as an Inquiry Body

In what cases does the master of a ship perform the inquiry body functions?

According to the professionalism principle, the implementation of law enforcement activities, including actions on investigation and inquiry, should be carried out by highly qualified specialists – by the people who have knowledge and experience in this particular area. Professionalism is one of the most important principles of effective and high-quality activities of law enforcement agencies1. However, there are situations in which employees of the necessary law enforcement units cannot be at the scene of the offense. One of such cases is a criminal offense committed on a ship sailing under the Russian flag. In this case, the role of the inquiry body is assigned to the senior member of the crew – the master of the ship.

It should be noted that the current criminal procedure regulation provides for a wide range of functions of the inquiry bodies within criminal proceedings. According to A. Kh. Nartokov, the inquiry body in most cases is the first authorized state body, which is entrusted with the duties of fixing all traces of an offense, as well as identifying and detaining persons guilty of committing this offense without delay2.

The outcome of the criminal case and the possibility of bringing the persons who have committed a criminal offense to justice largely depends on how well the work of the inquiry bodies will be carried out.

Legal framework and competence of the master of a ship in conducting an inquiry

In a number of situations, the legislative authorities are forced to deviate from the professionalism principle in the event that it is impossible to ensure the presence of a professional inquiry officer at the scene of a criminal offense. In accordance with Article 2 of the Criminal Procedure Code of the Russian Federation, a crime on a ship flying the Russian flag is the territorial jurisdiction of the Russian Federation in the context of ensuring the investigation of crimes. The function of the inquiry body in this case is assigned to the master of a ship (paragraph 1, part 3, Article 40 of the Code of Criminal Procedure of the Russian Federation).

The status of the master of a ship as an inquiry body is directly provided for both in the Code of Criminal Procedure of the Russian Federation and in the Code of Merchant Shipping of the Russian Federation (hereinafter – the CMS of the Russian Federation). Thus, in accordance with Article 69 of the CMS of the Russian Federation, the captain is assigned a number of functions of a criminal procedural nature: – initiating a criminal case of public prosecution; – performing urgent investigative actions.

The competence of the master of a sea or river ship on a long voyage is limited in comparison with the general competence of the inquiry body. This provision seems to be correct, given that the master of a ship does not have sufficient powers to fully investigate a criminal case (for example, if the Criminal Procedure Code of the Russian Federation provides for an investigation of the case in the form of an inquiry).

At the same time, a number of provisions of the current legal regulation do not contribute to maintaining a reasonable balance between the necessary professionalism in the investigation of a criminal case and the importance of urgently fixing all traces of an offense.

Initiation of a criminal case by the ship captain

As mentioned earlier, the master of a ship does not have the right to initiate cases of private and private-public prosecution. In accordance with Part 4 of Article 20 of the Criminal Procedure Code of the

Russian Federation, the head of the investigative body, the investigator, and also with the prosecutor`s consent, the inquiry officer initiates a criminal case about any crime, even in the absence of a statement from the victim or their legal representative. If the crime is committed against a person who, due to circumstances, cannot protect their rights: is legally incapable, due to their sudden death or for health reasons (including temporary incapacity, for example, coma).

Other reasons also include the case of a crime committed by a person whose data is not known. It should be noted that the Code of Criminal Procedure of the Russian Federation and the CMS of the Russian Federation contain uncertainty about the right of the master of a ship to investigate such cases and the literal interpretation of Article 69 of the CMS of the Russian Federation does not allow the master of a ship to conduct a pre-trial investigation of such a case.

Therefore, in order to initiate such a case, the person against whom a crime related to private or public prosecution cases has been committed on a ship must submit an appropriate application to the pre-trial investigation body, which can be done only after arriving on the land territory of the Russian Federation. This situation makes it almost impossible to further collect evidence in cases of private and public-private prosecution, which allows the guilty persons to avoid punishment for committing an offense. Based on the above, it is proposed to expand the powers of the master of a ship in the KTM of the Russian Federation, allowing them to initiate criminal cases of both public and private-public, as well as private charges.

Ship captain as the subject of operational and investigative activities

It should also be noted that the master of a ship is not the subject of operational and investigative activity. A rather paradoxical situation develops from the above: on the one hand, the master of a ship, being endowed with the powers of the inquiry body, is obliged to carry out urgent investigative actions, and on the other hand, they are deprived of one of the most important elements for collecting evidence in a criminal case (carrying out operational and investigative measures). As L.V. Mikhailova rightly notes, the master of a ship acts as the initiator and organizer of non-procedural actions in the event of a crime on the ship, as a rule. In fact, they become the subject of the investigation system management, which includes a system of operational and investigative support for the solving the crime3.

It can be noted that the literature presents an opinion on the possibility of giving the master of a ship operational and investigative functions. However, it is difficult to agree with this approach due to the fact that in accordance with Part 2 of Article 41 of the Criminal Procedure Code of the Russian Federation, combining the functions of inquiry and operational and investigative measures in one person is actually prohibited. At the same time, the master of a ship`s right to perform urgent investigative actions is sufficient to solve the tasks assigned to the master of a ship.

It should be noted that the issues of granting the ship captain criminal procedural functions are also reflected in international legal acts. Thus, in accordance with part 1 of Article 8 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, the master of a ship of a State party (the “Flag State”) may deliver to the authorities of any other State party (the “Receiving State”) any person they have reasonable grounds to believe that they have committed one of the offences referred to in article 34.

Inquiry practice of foreign legislation on ships

The issue of granting criminal procedural powers to the master of a ship is resolved in sufficient detail in the legislation of Ukraine. Thus, in accordance with chapter 41 of the Criminal Procedure Code of Ukraine, the master of a ship, as well as the head of the diplomatic department, is recognized as the person authorized to perform procedural actions. At the same time, the master of a ship is granted the right to detain a suspected person for the period necessary for the delivery of such a person to the territory of Ukraine. Moreover, the master of a ship is entitled to carry out searches in residential premises without court approval5.

It is obvious that the Ukrainian legal regulation represents a different extreme: the freedom of action of the master of a ship on the ship is practically unlimited, which can lead to serious abuses. However, the very fact of introducing the relevant chapter in the Criminal Procedure Code of Ukraine can be regarded as positive, given the relevance of this problem for any maritime state.

The master of a ship also has serious powers within the English law. Thus, in accordance with the Merchant Shipping Act of 19956, the master of a ship has the right to forcibly restrict the movement (detain) any person for such a period as is deemed necessary or appropriate in the interests of security or to maintain order or discipline on board the ship. Such powers of the master of a ship extend not only to the crew members, but also to passengers and persons who are illegally on board the ship.

Main problems and ways to solve them

Another problematic aspect is those cases when the master of a ship is themselves the person who committed an offense on board. It is obvious that in this case there is simply no one to investigate the crime and record its traces, moreover, the master of a ship, having sole authority on the ship, being outside the judicial or prosecutor’s control, can completely destroy or falsify the materials of the preliminary investigation.

A similar situation was analyzed by the Kholmsky City Court of the Sakhalin Region on the plaintiff’s claim against the master of a ship, whom the plaintiff accused of a number of illegal actions. In this court decision, the court found that the ship called at the ports of Kholmsk and Vanino, which allowed the plaintiff to file a statement about a crime possibly committed by the master of the ship to the police. At the same time, the issue of bringing to justice and preventing further crimes on the part of the master of a ship in the event that the ship’s route does not provide for a long time to call at ports remains open and unresolved in the law enforcement practice of the Russian Federation.

Proceeding from the above, it is necessary to provide in the criminal law regulation the right of the senior assistant of the master of a ship to carry out the functions of the inquiry body in the event that there are grounds to believe that the master of a ship may themselves be involved in the commission of an offense.

There are also difficulties regarding the detention of a person suspected of committing an offense. The Constitution of the Russian Federation imperatively requires that such detention does not exceed 48 hours without a court decision. As V.Y. Stelmakh rightly notes, it is quite obvious that it is objectively impossible to observe the 48-hour period of detention established by the Constitution of the Russian Federation and the Criminal Procedure Code of the Russian Federation. It is unclear what to do after its expiration7.

Since the norms of the Constitution have direct effect on the entire territory of the Russian Federation, it is obvious that, according to the current regulation, the master of a ship is obliged to release the person after the expiration of the 48-hour period. It is possible to change this regulation only by providing for a special simplified procedure for choosing a preventive measure by the court for persons detained by the master of a ship. Such a procedure will allow not to violate the norm of the Constitution and to choose a preventive measure for the specified person for the period established by the court.

Such a procedure will require amendments to the current legal regulation, since it is obvious that the general procedure for choosing a preventive measure provided for in Article 108 of the Code of Criminal Procedure of the Russian Federation cannot be applied in this case. At the same time, thanks to the process of legal proceedings digitalization, the judge will be able to hear the master of a ship and the suspect remotely, get acquainted with the documents and decide whether the person should be further detained. Recognizing some shortcomings of the proposed procedure (the impossibility of ensuring communication between the suspect and their lawyer, the impossibility of direct investigation of the necessary case materials by the court), I believe that this procedure represents a more optimal balance of private and public interests than the currently absent legal regulation of this issue, which puts the master of a ship in a dilemma: to release a potential criminal who may be dangerous to other persons, or to commit an offense themselves, detaining a person without a court decision for several weeks of sailing.

As can be seen from the above, the status of the master of a ship as an inquiry body in the criminal process needs changes aimed at carrying out a legitimate and effective investigation of crimes committed on board the ship.

Illustration from the Maritime Law journal 3/2021, p. 70

Notes

#shipmaster#inquiry#publicmaritimelaw

Literature

REVIEW OF NEW RUBLICATIONS ON MARITIME LAW

1. Maritime Boundaries and Ocean Resources (1987) – Routledge Revivals by Gerald Henry Blake

First published in 1987, Maritime Boundaries and Ocean Resources is a collection of essays which examines the political jurisdiction of ocean boundaries and the affects that this has on the world’s oceans. It examines how the intensification of ocean use has raised questions of how rational planning, and the management of the oceans can avoid increasingly environmental damage and sea use conflict and examines the ocean as a tool for space, trade and communication. It also addresses the creation of integrated regional planning for ocean management.

2. The ISM Code: A Practical Guide to the Legal and Insurance Implications by Phil Anderson

The ISM Code has been mandatory for almost every commercial vessel in the world for more than a decade and nearly two decades for high risk vessels, yet there is very little case law in this area. Consequently, there remains a great deal of confusion about the potential legal and insurance implications of the Code. This third edition represents a major re-write and addresses significant amendments that were made to the ISM Code on 1st July 2010 and 1st January 2015. This book provides practitioners with a practical overview of, and much needed guidance on, the potential implications of failing to implement the requirements of the Code. It will be hugely valuable to DPAs, managers of ship operating companies, ship masters, maritime lawyers and insurance claims staff.

3. Third Party Protection in Shipping by Carlo Corcione

Today, shipping is not just a part of the supply chain; it is indistinguishable from it. Once at the periphery, third party protection is now a central element of carriage. This matter is addressed by means of analysis of the current legal framework in relation to third parties and an evaluation of how, within this framework, the law applicable to a third party may be uncovered. Third party protection is analysed under the following: the Hague/Hague-Visby Rules; the Hamburg Rules; the Rotterdam Rules; English law and United States law; and civil law. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in shipping and international trade.

4. New Technologies, Artificial Intelligence and Shipping Law in the 21st Century by Professor Baris Soyer, Andrew Tettenborn

New Technologies, Artificial Intelligence and Shipping Law in the 21st Century consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 14th International Colloquium at Swansea Law School in September 2018. Written by a combination of top academics and highly experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding new technology and shipping.

5. Debattista on Bills of Lading in Commodities Trade by Professor Charles Debattista, Francis Hornyold-Strickland

Debattista on Bills of Lading in Commodity Trade provides not so much a linear road-map as a GPS system, allowing the reader to locate which aspect of the bill of lading is central to the dispute they are dealing with and evaluating that aspect from the perspective of each of: (1) the contract of sale; (2) carriage contract and (3) letter of credit. The purpose of this title is to make links and draw out connections, with a view to assisting lawyers when a dispute arises – and others drafting different contracts seeking to avoid problems arising in the first place. The fourth edition of this work, now bearing a new title and benefitting from the arrival of a co-author, has been fully revised to take account of case-law and regulatory developments in the twelve years since the last edition.

6. Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea: Limitations on Party Autonomy – Maritime and Transport Law Library by Jonatan Echebarria Fernandez

The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of “forum shopping” when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel.

7. Collisions at Sea. Volume 2: Case Studies by Harry Hirst

It has been over forty years now since the present International Regulations for Preventing Collisions at Sea-the Collision Regulations-came into force. It’s been over forty years in which there have been considerable technological improvements in ship design and equipment. Despite these improvements, however, mariners are still having collisions; and marine lawyers are still being called upon to settle liability for these collisions. Understanding how the courts interpret the Collision Regulations and apportion liability, therefore, will benefit both the mariner and the marine lawyer and all those involved in teaching the rules and investigating the causes of collisions at sea.

8. Economic Regulation of the Container Shipping Industry: Theoretical and legal perspectives – Routledge Studies in Transport Analysis by Rawindaran Nair

This book examines the economic regulatory framework of the container liner shipping industry in the context of the industry’s leading role in international trade and transport. It explores the consequences of the actions of shipping companies in their interpretations of the regulatory framework for such scheduled operations and provides a theoretical framework to allow the industry to incorporate future regulatory changes.

9. Charterparties: Indemnities, Recourse and Collaterals by Filippo Lorenzon

At a time of great volatility in the shipping market, indemnities, guarantees and recourse actions are becoming increasingly common issues. Although the commercial purpose of such devices is reasonably straightforward, their enforcement gives rise to a number of complex legal issues spanning from jurisdiction and conflict of law to equitable devices. With the aim of unravelling these complexities, this collection of papers explores the topical issue of indemnities, recourse and collaterals in chartering. Bringing together papers by world leading scholars in the field, the book examines a number of crucial issues including the master to sign bills of lading as presented; the knock for knock principle, bailment and general principles of indemnity and contribution. This edited collection will be of great interest to academics and legal practitioners dealing with charter party disputes based on English, American and international maritime law.

10. Third Parties’ Rights and Liabilities under Bills of Lading by Filippo Lorenzon

As transport speed increases and global trade intensifies, contracts for the carriage of goods and attendant relationships are becoming ever more complex. This timely publication brings together expert contributions from around the globe, looking both at the theoretical background of the bill of lading as well as its application in practice today. With third party involvement at an all-time high, this text also discusses the difficult question of third party rights and liabilities under a number of different jurisdictions. Covering English, US and EU law, this work provides a comparative and authoritative source of information for maritime lawyers worldwide. This is an essential text for all those involved in the research and practice of international trade and the carriage of goods by sea.

11. Excessive Maritime Claims, 4th edition, by J. Ashley Roach

State practice in the law of the sea has continued to evolve since publication of the 3rd edition of Excessive Maritime Claims in 2012. In this 4th edition, J. Ashley Roach has brought the text up to date, particularly as to the provisions relating to the balance of navigational rights and freedoms with the interests of coastal and island States. Of particular interest are the more detailed explanations of the phrase “freedom of navigation”; the expanded material on baselines and on the practice of archipelagic States, the revisions of the material on the continental shelf, on marine data collection, on submarine cables and pipelines, and US Ocean Policy. A new chapter has been added on islands and other maritime features.

12. Carver on Charterparties, 2nd edition, by Professor Howard Bennett, Julia Dias, Professor Stephen Girvin

Carver on Charterparties, in conjunction with Carver on Bills of Lading, covers the ground of the classic 1982 treatise Carver’s Carriage by Sea. Carver on Charterparties, 2nd edition, builds upon the thematic synthesis and analysis in this fundamental area of shipping law. Its discursive and encyclopaedic approach offers an alternative to that provided in Scrutton on Charterparties and Bills of Lading. The second edition covers a number of major cases since the first edition.

13. Maritime Law, 5th edition, by Yvonne Baatz

Now in its fifth edition, this authoritative guide covers all of the core aspects of maritime law in one distinct volume. Maritime Law is written by a team of leading academics and practitioners, each expert in their own field. Together, they provide clear, concise and fully up-to-date coverage of topics ranging from bills of lading to arrest of ships, all written in an accessible and engaging style. As English law is heavily relied on throughout the maritime world, this book is grounded in English law whilst continuing to analyse the key international conventions currently in force. This book is a comprehensive reference source for students, academics and legal practitioners worldwide, especially those new to maritime law or a particular field therein.

14. Freedom of Navigation and the Law of the Sea: Warships, States and the Use of Force – Routledge Research on the Law of the Sea by Cameron Moore

There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.

Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW

Admiralty and Maritime Law by Thomas J. Schoenbaum, 6th, 2020, West Academic Publishing

Widely regarded as the practitioners’ treatise, this admiralty law book is an efficient guide to current practices, recent cases, and the developments concerned. Updated regularly to reflect new events and statutory maritime law, it acts an overview of the history and traditions underlying today’s admiralty law and policies. Footnotes complement author commentary and references to leading cases. Sample forms and documents are also provided for convenience. In-depth analysis of issues like jury trials in admiralty, admonitory relief and the use of arbitration to resolve maritime disputes, and scrutiny of significant court decisions make this a compendium of maritime law. The book covers the topics of the law of the sea, admiralty jurisdiction, maritime torts, seamen’s remedies, workers’ compensation, carriage of goods, towage, charter parties, marine pollution and marine insurance.

Maritime Law Answer Book 2020 by H. Allen Black, Charlie Papavizas

Written by two maritime practice experts, Maritime Law Answer Book provides answers to maritime law questions facing specialists and non-specialists alike, addressing issues that impact vessel owners, vessel bankers, and shippers of goods. Beyond examining traditional issues that arise generally in maritime disputes, such as choice of law and limitation of liability, this resource covers an array of U.S. regulatory issues ranging from promotional programs, such as the Maritime Security Program and coastwise trade regulation, to vessel financing considerations, environmental protection regulations, and criminal enforcement. The coverage is organized by the basic communities that come into contact with maritime law, such as vessel owners, bankers, and cargo shippers, and focuses on the kinds of questions members of those communities are likely to encounter in their daily practice. And while the material focuses on U.S. law and practice, the authors include some reference to U.K. law, which has significant influence on many practices, leases, and financial transactions.

Theory, Law and Practice of Maritime Arbitration by Eva Litina, 2020

The book that delves deep into the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. The author furnishes the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport the backbone of the global economy. Most disputes in the shipping industry are settled by distinctive, private, mystery-enshrouded arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. An in-depth analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. Apart from the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape and suggesting future perspectives and research in international maritime arbitration.

Maritime Law in Motion by Proshanto K. Mukherjee, Maximo Q. Mejia, Jr., Jingjing Xu, 2020, Springer

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.

Maritime Safety in Europe: A Comparative Approach by Justyna Nawrol and Zuzanna Pepłowska-Dąbrowska, 2020, Informa Law

The book is concerned with the harmonisation of maritime safety legal systems in Europe. It describes maritime safety legal systems in selected European countries as well as maritime safety issues from the perspective of the International Maritime Organisation, European Union, and European Free Trade Association. Distinguished scholars from Europe’s leading maritime law academic centres present national perspectives of maritime safety systems, questioning whether the adopted national solutions guarantee the compatibility with IMO and EU legal regime, as well as assessing the global and EU system. Moreover, the book seeks to provide some answers as to whether the IMO goals on maritime safety are adequate in light of current safety challenges and how to achieve higher level of enforcement of internationally-recognised maritime safety standards. It will be of great assistance to those readers who need to familiarize themselves with current problems inherent in maritime safety, whether that be lawyers, scholars, professional mariners, or national institutions.

The Law of Shipbuilding Contracts by Simon Curtis, Ian Gaunt, William Cecil, 2020, Informa Law

The Law of Shipbuilding Contracts examines the principles of English contract law as these apply to shipbuilding. The leading text on shipbuilding and marine construction, widely used by the global maritime community, this new edition is updated to account for the “long tail” effects of the global economic crisis on the sector. The authors provide expert analysis on the key shipbuilding contract forms, including sections dealing with agreements ancillary to the shipbuilding contract and ship conversion contracts, together with – for the first time – contracts for the construction of offshore oil and gas vessels and units. The new edition has been comprehensively updated, including commentary on recent High Court decisions on shipbuilding contracts and, in particular, associated refund guarantees. The contractual and legal consequences of global economic turbulence and the resultant increase in the number and size of disputes in the shipbuilding sector are discussed, alongside coverage of other contemporary regulatory and legal issues resulting from environmental pressures and the trend for “cleaner”, more efficient tonnage. A comprehensive and authoritative resource, this book is essential reading for buyers and charterers of newbuilding tonnage, shipbuilders and offshore construction yards, shipbrokers, banks and other finance providers, lawyers and insurers working in the maritime and offshore oil and gas sectors, as well as students of maritime law.

Transport Documents in Carriage of Goods by Sea: International Law and Practice by Časlav Pejović, 2020

Bringing a fresh, comparative approach to transport documents used in the carriage of goods by sea, this book covers bills of lading, sea waybills, ship’s delivery orders, multimodal transport documents, and electronic transport documents. The book covers historic developments, current conventions, and thoughts for the future on these transport documents; and delves deeply into the legal issues concerning them. It represents a comprehensive compilation of case and statute law from around the world on this subject. In addition to English law, the book covers American, French, German, and Italian laws, as well as the laws of several East Asian jurisdictions (China, Japan, South Korea). Primarily, the book will be of use to maritime law scholars and students, and lawyers who deal with shipping. It may also be of interest to international traders, banks, and ship masters and officers.

Miller’s Marine War Risks by Michael Davey, Oliver Caplin, James Davey, 2020

Miller’s Marine War Risks is the only book devoted to drawing together and analysing the insurance of commercial shipping against war risks. It merges analysis of the legal principles, case law, and legislation with the practice of the insurance market in order to provide commentary on difficult questions concerning liabilities, claims, and coverage. With global events becoming more uncertain in the Gulf and elsewhere, the updating of Michael Miller’s classic text will be of great use to legal practitioners, the insurance market, and the shipping industry throughout the world.

Governance of Arctic Shipping: Rethinking Risk, Human Impacts and Regulation by Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot, 2020

The book focuses on Arctic shipping and investigates how ocean change 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. A rapidly changing Arctic as a result of climate change and ice loss is rendering the North more accessible, providing new opportunities while producing impacts on the Arctic. The book explores ideas for enhanced governance of Arctic shipping through risk-based planning, marine spatial planning and scaling up shipping standards for safety, environment protection and public health.

Environmental Impact of Ships by Stephen de Mora, Timothy Fileman, Thomas Vance, 2020

Shipping is responsible for transporting 90% of the world’s trade. This book provides a comprehensive review of the impact shipping has on the environment. Topics covered include pollutant discharges such as atmospheric emissions, oil, chemical waste, sewage and biocides; as well as non-pollutant impacts including invasive species, wildlife collisions, noise, physical damage, and the environmental effects associated with shipwrecks and shipbreaking. The history of relevant international legislation is also covered. With chapters written by eminent international authors, this book provides a global perspective on the environmental impact of ships, making it a useful reference for advanced students and researchers of environmental science, as well as practitioners of maritime law and policy, and marine business.

Bills of Lading by Sir Richard Aikens, Richard Lord, Michael D. Bools, Michael Bolding, Kian Sing Toh, 2020, Informa Law

Bills of lading form an essential part of the carriage of goods by sea and international trade. Their multi-functional nature, together with the large volume of case law and regulation, make the law in this field as complex as it is commercially vital. This bestselling book, now in its third edition, provides a detailed analysis of the law and practice applicable to bills of lading before, during, and after shipment, helping today’s busy practitioner to quickly and easily find the information they need. This book has been fully revised and updated with all the major developments, including: reference to increasingly important Singapore and Far-Eastern decisions; an analysis of modern developments in seaworthiness, from vetting and approval clauses to the topical issues of vulnerability and piracy attacks; detailed examination of misdelivery, fraudulent or forged bills of lading, and delivery without production of a bill of lading; revised coverage of conflicts and procedural matters, including anti-suit injunctions, jurisdiction battles, and the scope of arbitration; reference to relevant European law relating to issues of jurisdiction and procedure; comprehensive treatment of switch bills, transhipment, house bills, deck carriage, and container cargo; and new material on the practical implications of electronic bills of lading, and the implications of automated vessels. This text continues to provide an indispensable reference for maritime practitioners and institutions worldwide.

Port State Control by Oya Özçayir, 2020

This book is the quintessential guide to port state control. It provides detailed information on all aspects of the topic, including the legal base for port state control, its global application, and the major practical implications for the maritime world. It also offers expert analysis of the port state control procedures as defined by the IMO, and gives extensive information on regional port state control agreements throughout the globe. Port state control is an ever-changing area of law. This third edition is fully updated and covers new areas such as the implications of the Maritime Labour Convention, amendments and changes to all regional port state control systems since January 2011, the new Abuja and Riyadh Memorandum of Understanding, EU Directive 95/21, the expansion of port state controls since September 2001, the new system implemented by the US coast guard since 2010, how port state measures are being used to improve fisheries compliance, the 2009 maritime safety package, adopted by the European Parliament in 2009. This unique book is essential reading for all those who are involved in port state control, including maritime lawyers, insurers, academics, charterers, shipowners, shipping companies and port officials.

Carriage of Goods by Sea: Balancing the Interests of the Parties by Elijah Ezekiel, 2020

Balancing the interests of the parties under the carriage of goods by sea is a book written to examine the responsibilities and the duties of the parties under the carriage of goods by sea. Also you will know who the actors in shipping are. What are their roles and responsibilities in accordance to the respective maritime laws, and in relation to the bill of lading? This book gives an extensive analysis of these fundamental questions. Also you will get to know the obligation in relation to carriage and delivery of goods both international and local, it is imperative to study this book very well in order to know your rights and duties under the contract of carriage of goods by sea, as well as getting the fundamental responsibilities and obligations of shipper, carrier and consignee in the business of carriage of goods by sea. The next in this book you need to know about are the carriers’ liabilities, this book is relevant to maritime students, the international community, non-governmental organizations, civil society organizations, governmental institutions and authorities, and the general interest reader, a beginner in shipping business, corporate organization on shipping business and other interested individual, at the same time you will get to know that the bill of lading has since its evolution become an important tool of maritime trade and international documentary letters of credit. From its various forms and principal characteristics, a better understanding of the bill of lading is had and from its functions the different uses to which it can be put, are appreciated and it can be seen that it has become an indispensable tool of modern commerce, we also looked at the different types bills of lading and their distinguishing characteristics and lastly, the nature of a bill of lading i.e. as a document of title, as a receipt and evidence of the condition of the goods; this book examine the rules governing the regulation of the allocation of risks and balance of rights and responsibilities between the carrier and the cargo interests, such as economic loss to the parties involved in the business transaction, the objective of establishment of statutory regulations in international maritime conventions which is to create a fair balance between carriers and cargo interest by defining the carrier’s liabilities regime, the various arts in the stipulated rules of Hague Visby Rules provide the basis of carrier’s liabilities was stated in this book, that states in general terms, the two basic obligations of the carrier to provide a seaworthy vessel and carefully and properly care for the cargo. If damage or loss occurs while cargo is under the custody of a carrier (within the period of responsibility) the formula adopted under the Hague Visby Rules is that the carrier is presumed at faulty. We also focus on the contract of carriage, rights and the liabilities of the parties to the contract of carriage of goods by sea, in the event of either of the party’s failure to comply with any of the agreed terms.

Commercial Maritime Law by Melis Özdel, 2020

The title ‘Commercial Maritime Law’ is a misnomer. There is a patchwork of different commercial maritime laws around the world. However, the title is a true reflection of what many legal scholars and practitioners in the field have long desired: a common framework of commercial maritime law. This book unravels the complexities of bridging the gap between common law and civil law and will discuss whether the title will remain a misnomer despite the countless attempts at harmonisation. Internationally renowned legal scholars and practitioners discuss herein the areas in which the common law and civil law are divided; the impact of these differences on the drafting and ratification of international conventions; the search for a common framework; and the procedural aspects of the common law and civil law divide embedded within commercial maritime law.

International Maritime Laws – Practical Legal Pointers by Sumitra Woodhull, 2020

This book is a practical and easy to follow guide on maritime industry practices which are suitable for students pursuing legal courses on maritime laws. It is also a suitable reference for people working in the maritime industry as it offers guidance on the manner in which to prepare Marine Survey Reports which incorporate legal safeguards. This is crucial for the defence against legal liability being incurred. There are also some useful samples of maritime agreements given as well as explanation with relative ease of understanding of Incoterms and maritime concepts. The information provided in this book is given from the perspective of a legal professional who has been actively involved in employment in the maritime industry.

Maritime Law and Practice in China by Liang Zhao, Lianjun Li, 2020

A comprehensive treatment of Chinese maritime law and judicial practice, this book covers both substantive law and procedure law of maritime law in mainland China. This is a professional book for both academics and practitioners in the field of maritime law.

Literature

The Mauritius Bunker Fuel Spill: Why Is It Doubly Bad for the Island?

On 25 July, a bulker Wakashio (flag – Panama, gross tonnage – 101932 gt) got stranded off the coast of Mauritius with almost 4,000 tons of bunkers on board. Around 1,000 tons of it leaked into one of the most pristine corners of the Indian Ocean from the ship that broke apart in the middle of August. Although the investigation is still ongoing, the government of Mauritius already put the blame for all losses (more than $500 m!) on the vessel’s Japanese operator Nagashiki Shipping and its liability insurer – Japan P&I Club. But will the claimants be able to recover that money?

Literature

REVIEW OF NEW PUBLICATIONS ON MARITIME LAW

Literature

David W. Robertson, Steven F. Friedell, Michael F. Sturley, Admiralty and Maritime Law in the United States: Cases and Materials (4th ed., Carolina Academic Press, 2020)

The maritime law of the United States is harmonious in broad outline with the laws of other maritime nations, but it has a unique structure—tied to the U.S. Constitution and the Judiciary Act of 1789—entailing a special set of intellectual challenges. Admiralty and Maritime Law in the United States is a leading casebook that reveals the areas of international harmony and explores U.S. law’s special features. Each of the authors is an admiralty expert, but the book strives for a generalist’s perspective. It aims to tie the admiralty field into the students’ other studies while providing the fundamental professional tools necessary to the advanced study or practice of U.S. maritime law.

The fourth edition includes new cases and notes that keep the reader apprised of changes in the law.

Literature

Nicholas A. Ioannides, Maritime Claims and Boundary Delimitation: Tensions and Trends in the Eastern Mediterranean Sea (Routledge 2020)

This book delves into the major developments triggered by the hydrocarbon discoveries in the Eastern Mediterranean over the last twenty years, focusing on maritime boundary delimitation.

Examining the impact that the hydrocarbon discoveries have had on the application of the law of the sea rules by the East Med states, the book looks at the new trends concerning the implementation of the law of the sea in the region. The book analyses regional state practice in terms of maritime delimitation, namely the conclusion of bilateral agreements based on the law of the sea rules, both conventional and customary, reflecting the East Med states’ willingness to cooperate in order to reap the benefits of the energy windfall. Alongside this analysis, an outline of the hydrocarbon discoveries and the pertinent maritime activities is given, as well as further coverage of the overlapping maritime claims and disputes between Greece, Cyprus and Turkey on one side, and Lebanon and Israel on the other. Moreover, the book examines the validity of maritime claims made by or through non-state entities in the region, namely the State of Palestine, the UK Sovereign Base Areas and the so-called ‘Turkish Republic of Northern Cyprus’ and their potential impact on the delimitation agreements already in place. The book argues that the East Med paradigm concerning the successful application of the pertinent norms in maritime delimitation proves that international law is resilient and capable of providing solutions in other turbulent regions around the globe.

This book will be of interest and importance to academics and students of international law, professionals in the oil and shipping industries, legal professionals and government agencies.

Literature

Philippe Delebecque, Droit maritime (Précis) (Dalloz, 2020)

The Precis of French maritime law deals with all aspects of maritime law: status of the ship, status of seafarers, status of the shipowner, operation of the ship: charters, transport and intermediary contracts, not to mention marine insurance. It also deals with the main contracts regarding the ship (sale, construction, classification, etc.) and discusses questions of liability related to collisions, pollution, etc. Since the topic is by nature international, the Precis of French maritime law sets out the main applicable conventions and develops the abundant case law they gave rise to. Since the previous edition, many changes have occurred; all these developments are taken into consideration and put into perspective with the references to particular materials.

Literature

Ignacio Arroyo Martínez, Compendio de Derecho Marítimo (Ley 14/2014, de Navegación Marítima) (7th Spanish Edition, Tecnos, 2020)

The work on Spanish maritime law clearly and succinctly sets out all the aspects, public and private, national and international, that together constitute the subject of maritime law, understood in its broadest sense as the set of legal relationships that arise or develop as regards the sea and in the maritime industry.

It includes the following chapters: · Concept and sources of maritime law. · Status of the sea and the seabed. · The maritime public domain. · Ports. · Merchant navy. · Subjects of maritime navigation. · Seafarers. · Means of maritime navigation and maritime privileges. · Contracts for the use of the vessel. · Charters. · Maritime transport and other auxiliary navigation contracts. · Marine insurance. · Maritime accidents, salvage, and pollution. · Sea fishing. · Sports navigation.

Literature

Johanna Hjalmarsson, Jenny Jingbo Zhang, Maritime Law in China: Emerging Issues and Future Developments (Routledge, 2020)

The Chinese maritime and shipping market has been expanding enormously in recent times as its commercial capacity to perform shipping, ship building, banking and insurance activities grows and the role of the State as guarantor of commerce is gradually reduced.

This book provides a detailed guide to current Chinese maritime law, written by an expert team of contributors and systematically covering key areas such as carriage of goods by sea, international trade, vessels and seafarers and maritime liabilities. The authors explore cutting-edge issues within each topic, and analyse current trends in law reform.

The book will be of interest to academics researching commercial and maritime law, as well as maritime law practitioners and shipping industry professionals working with aspects of Chinese maritime practice.

Literature

Nicholas A. Ioannides, Maritime Claims and Boundary Delimitation: Tensions and Trends in the Eastern Mediterranean Sea (Routledge 2020)

В этой книге рассматриваются основные события, вызванные открытиями углеводородов в Восточном Средиземноморье за последние двадцать лет, с упором на делимитацию морских границ.

Исследуется влияние, которое открытия углеводородов оказали на применение норм морского права в Восточном средиземноморье. В книге рассматриваются новые тенденции, касающиеся применения морского права в регионе. В книге анализируется региональная государственная практика с точки зрения разграничения морских пространств, а именно заключения двусторонних соглашений, основанных на правилах морского права, как традиционных, так и нетрадиционных, отражающих готовность Восточно-Средиземноморских государств к сотрудничеству с целью получения выгод от сотрудничества в области энергетики. Наряду с этим анализом дается краткое описание открытий углеводородов и соответствующей морской деятельности, а также дальнейшее освещение морских претензий и споров между Грецией, Кипром и Турцией, с одной стороны, и Ливаном и Израилем, с другой. Кроме того, в книге исследуется законность морских требований, предъявленных через негосударственные образования в регионе и их потенциальное влияние на соглашения о делимитации.

Эта книга будет интересна и важна для ученых и студентов, изучающих международное право, специалистов нефтяной и судоходной отраслей, юристов и государственных учреждений.