Journal of International Maritime Law - Volume 26 - Issue 5
EDITORIAL
The Nave Andromeda: at the crossroads of the complex legal problems caused by stowaways
The Nave Andromeda incident (25 October 2020) – stowaways – refused port entry by French and Spanish authorities – complex boarding exercise at sea – legal problems and port state responsibilities – IMO should revisit soft law, non-binding guidelines.
HENNING JESSEN,
GEORGE THEOCHARIDIS
ANALYSIS OF CASES AND
CONTEMPORARY DEVELOPMENTS
Damages in addition to demurrage – The Eternal Bliss
JONAS ATMAZ AL-SIBAIE,
JUSTIN JUN XIANG TAN
K-Line PTE Ltd v Priminds Shipping (HK) Co Ltd
(The Eternal Bliss)
[2020] EWHC 2373 (Comm)
Cargo insurance across time zones
Swashplate Pty Ltd v Liberty Mutual Insurance Co
(Trading as Liberty International Underwriters)
[2020] FCA 14, [2020] Lloyd’s Rep IR 322
ARTICLES
Elusive carriers, time bars and salvation through arbitration
Identifying the correct carrier to sue is a perennial problem. Three recent cases graphically illustrate the pitfalls, exacerbated by stringent time bars which, however, judicial referral to arbitration can extend.
PAUL MYBURGH
Deputy Director, Centre for Maritime Law,
Faculty of Law, National University of Singapore
Sailing in all winds: extraterritorial regulation as a trigger for self-regulatory practices in the shipping industry
MAXIM USYNIN
CEPRI, Faculty of Law, University of Copenhagen
Transport documents and the Hague-Visby Rules: dealing with the scope of application of the Rules
The author examines the problems associated with applying the Hague-Visby Rules to a contract of carriage by sea where a bill of lading is, or is not, to be issued, with reference to The Maersk Tangier (2018).
PAULA BÄCKDÉN
Advokatfirman Vinge
NATIONAL AND REGIONAL REPORTS
Does the digital leviathan spell the end of fair competition in the shipping industry?
The author asks if the US and EU legal competition frameworks are suited to deal with digital cooperation initiatives on logistics solutions and examines the collaboration among five of the world’s biggest carriers in the Digital Container Shipping Association Agreement and the TradeLens Agreement.
AUGUST J BRAAKMAN
Advocate, Rotterdam, the Netherlands
BOOK REVIEWS
Admiralty Claims
Andrew Tettenborn, Francis Rose
The Duty of the Shipmaster to Render Assistance at Sea under International Law
Felicity G Attard
Gas and LNG Sales and Transportation Agreements: Principles and Practice 6th edn
Peter Roberts
Index of cases
Index of legislation
Index