The current paper aims at clarifying the extensive MARPOL 73/78 – the IMO’s first and only integr... more The current paper aims at clarifying the extensive MARPOL 73/78 – the IMO’s first and only integrated and ell-embracing convention targeting pollution from ships – and its effects on the shipping industry, in particular shipowners and their P&I insurers. This is an essential topic since nations are becoming increasingly aware of the tremendous damage that is caused by environmental pollution and, accordingly, port authorities are taking a hard line as regards the application and compliance with the regulations of MARPOL. The research paper is based on three main points. The first section is a general overview of the MARPOL 73/78 and its structure and functioning. The second section provides understanding of why compliance with MARPOL is vital not only for the environment but also for the shipowners and their liability insurers. The third and lengthiest section attempts to translate the wordy and complicated technical provisions of the Convention into a simplified account of what shipowners should comply with. The discussion therein does not follow neatly the regulations of the annexes but instead is grouped and organized around the main issues concerning the respective annex, while in the same time references to the specific provisions are provided everywhere should the reader needs to consult the exact provision or to get acquainted with further details.
The Obligations of the Carrier Regarding the Cargo
This chapter lays down extensively the legal framework of the carrier’s obligations over the carg... more This chapter lays down extensively the legal framework of the carrier’s obligations over the cargo. The chapter first establishes where the Hague and Hague-Visby Rules are situated in the nowadays fragmented law on international sea transport. To that end, substantial information is provided as to the development and evolution of the law regulating international carriage of goods by sea, in particular, the Hague/Hague-Visby Rules, the Hamburg Rules, and the Rotterdam Rules. The chapter provides justification why the Hague-Visby Rules, being the leading maritime liability regime, form a central part of the analysis and why at the same time the relevant provisions of the Rotterdam Rules are also extensively covered. In view of the scope and subject matter of this work, Article III rule 2 HVR and Articles 11 and 13 RR quite naturally play a central role in the discussions. However, a more extensive approach is undertaken so that the analysis comprises, among others, the entire Articles II and III HVR in order to understand the rationale behind these provisions and the environment in which they are found and operate.
The opening chapter of this book functions as a theoretical background and serves also as a refer... more The opening chapter of this book functions as a theoretical background and serves also as a reference point in clarifying the various areas of shipping law related to the carrier’s obligations over the cargo as addressed in the subsequent chapters. In essence, this chapter is a source of general shipping knowledge, and it deals particularly with the contract of carriage and the related transportation documents, as well as with the contractual parties involved. This is the gist of everyday maritime commercial activities, and thus the chapter alone may well function as a handbook on bills of lading law and charter party law. The concise but skillful account of the basic logic behind shipping and seagoing trade helps the readers in limiting the instances when they need to resort to external materials in order to clarify essential notions and positions regarding the carriage of goods by sea. This area of shipping law is commonly referred to as “dry shipping,” and clear understanding the...
This chapter is dedicated to the idiosyncrasies of containerized sea-going transport in the conte... more This chapter is dedicated to the idiosyncrasies of containerized sea-going transport in the context of the carrier’s cargo-related obligations. The process of containerization had an unparalleled impact not only on the shipping business but, more generally, on international trade and even social and economic development. Because of the irreversible changes that it brought to the modern world, this chapter provides also comprehensive information on the advent of the container revolution in the second half of the twentieth century, as well as on the development of containerized shipping and its impact on today’s international shipping and trade. Certain technical aspects of the parameters of the shipping container such as its structure, type, and use are also addressed. The following sections examine core legal problems such as the conceptualizing of the shipping container under the Hague and the Hague-Visby Rules, the modified traditional model of the contract of carriage and the car...
The current paper aims at clarifying the extensive MARPOL 73/78 – the IMO’s first and only integr... more The current paper aims at clarifying the extensive MARPOL 73/78 – the IMO’s first and only integrated and all-embracing convention targeting pollution from ships – and its effects on the shipping industry, in particular shipowners and their P&I insurers. This is an essential topic since nations are becoming increasingly aware of the tremendous damage that is caused by environmental pollution and, accordingly, port authorities are taking a hard line as regards the application and compliance with the regulations of MARPOL. The research paper is based on three main points. The first section is a general overview of the MARPOL 73/78 and its structure and functioning. The second section provides understanding of why compliance with MARPOL is vital not only for the environment but also for the shipowners and their liability insurers. The third and lengthiest section attempts to translate the wordy and complicated technical provisions of the Convention into a simplified account of what shi...
The present-day law on the carriage of goods by sea suffers from a lack of uniformity and from be... more The present-day law on the carriage of goods by sea suffers from a lack of uniformity and from being not able to adequately address the current developments in the industry of international shipping. The leading liability regime which is in force, the Hague-Visby Rules, consists of rather outdated provisions that Courts need to interpret accordingly in order to achieve the intended objects of the Rules: to strike a balance between the interests of carriers and shippers, and also to ensure that this balance is applied uniformly. The current thesis focuses precisely on the area of the obligations of the carrier over the cargo. The research aims at studying how the specific provisions regulating the carrier’s cargo-related obligations manifest themselves, particularly in English law. However, the research points also to how other jurisdictions address the problems discussed in the present thesis. These are, in particular, the bundle of obligations set forth in Article III rule 2 of the...
This chapter examines the problems associated with the carriage of goods on deck and the obligati... more This chapter examines the problems associated with the carriage of goods on deck and the obligations of the carrier over such cargo. In particular, the notions of deck and deck cargo are explained, as well as of the various reasons and considerations behind the carriage of goods on the weather deck of a commercial seagoing vessel. Taking into consideration that new technology and modern shipping practices have remodeled the old doctrine on the carriage of goods on deck, the chapter comprises a factual study and statistical data to measure the risks of deck carriage. These are followed by the legislative and judicial issues related to deck cargo in the context of the Hague-Visby Rules. A comment is made on why such carriage arrangement is considered an exception from the Convention and why declared deck carriage may often step outside the ambit of the Rules and be regulated by the applicable national regime. That is why the current law on deck cargo is stated not only from the Englis...
The SCOPIC clause (Special Compensation P&I Club Clause) provides an alternative remuneration to ... more The SCOPIC clause (Special Compensation P&I Club Clause) provides an alternative remuneration to salvors, which is computed differently to the awards provided in Article 13 and Article 14 of the International Convention on Salvage (1989). In essence, SCOPIC provides agreed tariff rates under the form of a remuneration as an indemnity for the salvage services performed and the salvor’s investments in the operation. The award afforded by SCOPIC, although being a modification of the Article 14 Special Compensation, is based on different principles than those underlying the respective provision of the Convention. The major aim of the current paper is to give a comprehensive explanation of the clause and its features. It will also clarify the development and the operation of the SCOPIC clause and will underline the advantages which it provides to the area of marine salvage. To understand the essence of the SCOPIC clause, one has to be familiar also with the awards available under Articles 13 and 14, and, therefore, a comparison between the three will be made. Thus, it will be illustrated that, depending on the award chosen, there could be a different outcome for all the parties involved in the salvage operation.
The current article is practice-oriented and is intended for shipowners and sea carriers as well ... more The current article is practice-oriented and is intended for shipowners and sea carriers as well as for practitioners and students who wish to revise or expand their knowledge on this specific area of the carriage of goods by sea. The paper provides the reader with a thorough understanding of the main instrument regulating the carriage of dangerous cargo – the IMDG Code. Further, Section II of the paper addresses also the carriage of solid bulk cargo (the IMSBC Code) and the most frequent problems and hazards which are associated with the transportation of such cargo. In general, the paper analyses the process of carriage of hazardous cargo from the perspective of the carrier, and, thus, it may be used as a guide to the carriage of dangerous goods.
A commentary on the IMO’s pollution-prevention instrument and the implications for the shipping i... more A commentary on the IMO’s pollution-prevention instrument and the implications for the shipping industry
The current paper aims at clarifying the extensive MARPOL 73/78 – the IMO’s first and only integr... more The current paper aims at clarifying the extensive MARPOL 73/78 – the IMO’s first and only integrated and ell-embracing convention targeting pollution from ships – and its effects on the shipping industry, in particular shipowners and their P&I insurers. This is an essential topic since nations are becoming increasingly aware of the tremendous damage that is caused by environmental pollution and, accordingly, port authorities are taking a hard line as regards the application and compliance with the regulations of MARPOL. The research paper is based on three main points. The first section is a general overview of the MARPOL 73/78 and its structure and functioning. The second section provides understanding of why compliance with MARPOL is vital not only for the environment but also for the shipowners and their liability insurers. The third and lengthiest section attempts to translate the wordy and complicated technical provisions of the Convention into a simplified account of what shipowners should comply with. The discussion therein does not follow neatly the regulations of the annexes but instead is grouped and organized around the main issues concerning the respective annex, while in the same time references to the specific provisions are provided everywhere should the reader needs to consult the exact provision or to get acquainted with further details.
The Obligations of the Carrier Regarding the Cargo
This chapter lays down extensively the legal framework of the carrier’s obligations over the carg... more This chapter lays down extensively the legal framework of the carrier’s obligations over the cargo. The chapter first establishes where the Hague and Hague-Visby Rules are situated in the nowadays fragmented law on international sea transport. To that end, substantial information is provided as to the development and evolution of the law regulating international carriage of goods by sea, in particular, the Hague/Hague-Visby Rules, the Hamburg Rules, and the Rotterdam Rules. The chapter provides justification why the Hague-Visby Rules, being the leading maritime liability regime, form a central part of the analysis and why at the same time the relevant provisions of the Rotterdam Rules are also extensively covered. In view of the scope and subject matter of this work, Article III rule 2 HVR and Articles 11 and 13 RR quite naturally play a central role in the discussions. However, a more extensive approach is undertaken so that the analysis comprises, among others, the entire Articles II and III HVR in order to understand the rationale behind these provisions and the environment in which they are found and operate.
The opening chapter of this book functions as a theoretical background and serves also as a refer... more The opening chapter of this book functions as a theoretical background and serves also as a reference point in clarifying the various areas of shipping law related to the carrier’s obligations over the cargo as addressed in the subsequent chapters. In essence, this chapter is a source of general shipping knowledge, and it deals particularly with the contract of carriage and the related transportation documents, as well as with the contractual parties involved. This is the gist of everyday maritime commercial activities, and thus the chapter alone may well function as a handbook on bills of lading law and charter party law. The concise but skillful account of the basic logic behind shipping and seagoing trade helps the readers in limiting the instances when they need to resort to external materials in order to clarify essential notions and positions regarding the carriage of goods by sea. This area of shipping law is commonly referred to as “dry shipping,” and clear understanding the...
This chapter is dedicated to the idiosyncrasies of containerized sea-going transport in the conte... more This chapter is dedicated to the idiosyncrasies of containerized sea-going transport in the context of the carrier’s cargo-related obligations. The process of containerization had an unparalleled impact not only on the shipping business but, more generally, on international trade and even social and economic development. Because of the irreversible changes that it brought to the modern world, this chapter provides also comprehensive information on the advent of the container revolution in the second half of the twentieth century, as well as on the development of containerized shipping and its impact on today’s international shipping and trade. Certain technical aspects of the parameters of the shipping container such as its structure, type, and use are also addressed. The following sections examine core legal problems such as the conceptualizing of the shipping container under the Hague and the Hague-Visby Rules, the modified traditional model of the contract of carriage and the car...
The current paper aims at clarifying the extensive MARPOL 73/78 – the IMO’s first and only integr... more The current paper aims at clarifying the extensive MARPOL 73/78 – the IMO’s first and only integrated and all-embracing convention targeting pollution from ships – and its effects on the shipping industry, in particular shipowners and their P&I insurers. This is an essential topic since nations are becoming increasingly aware of the tremendous damage that is caused by environmental pollution and, accordingly, port authorities are taking a hard line as regards the application and compliance with the regulations of MARPOL. The research paper is based on three main points. The first section is a general overview of the MARPOL 73/78 and its structure and functioning. The second section provides understanding of why compliance with MARPOL is vital not only for the environment but also for the shipowners and their liability insurers. The third and lengthiest section attempts to translate the wordy and complicated technical provisions of the Convention into a simplified account of what shi...
The present-day law on the carriage of goods by sea suffers from a lack of uniformity and from be... more The present-day law on the carriage of goods by sea suffers from a lack of uniformity and from being not able to adequately address the current developments in the industry of international shipping. The leading liability regime which is in force, the Hague-Visby Rules, consists of rather outdated provisions that Courts need to interpret accordingly in order to achieve the intended objects of the Rules: to strike a balance between the interests of carriers and shippers, and also to ensure that this balance is applied uniformly. The current thesis focuses precisely on the area of the obligations of the carrier over the cargo. The research aims at studying how the specific provisions regulating the carrier’s cargo-related obligations manifest themselves, particularly in English law. However, the research points also to how other jurisdictions address the problems discussed in the present thesis. These are, in particular, the bundle of obligations set forth in Article III rule 2 of the...
This chapter examines the problems associated with the carriage of goods on deck and the obligati... more This chapter examines the problems associated with the carriage of goods on deck and the obligations of the carrier over such cargo. In particular, the notions of deck and deck cargo are explained, as well as of the various reasons and considerations behind the carriage of goods on the weather deck of a commercial seagoing vessel. Taking into consideration that new technology and modern shipping practices have remodeled the old doctrine on the carriage of goods on deck, the chapter comprises a factual study and statistical data to measure the risks of deck carriage. These are followed by the legislative and judicial issues related to deck cargo in the context of the Hague-Visby Rules. A comment is made on why such carriage arrangement is considered an exception from the Convention and why declared deck carriage may often step outside the ambit of the Rules and be regulated by the applicable national regime. That is why the current law on deck cargo is stated not only from the Englis...
The SCOPIC clause (Special Compensation P&I Club Clause) provides an alternative remuneration to ... more The SCOPIC clause (Special Compensation P&I Club Clause) provides an alternative remuneration to salvors, which is computed differently to the awards provided in Article 13 and Article 14 of the International Convention on Salvage (1989). In essence, SCOPIC provides agreed tariff rates under the form of a remuneration as an indemnity for the salvage services performed and the salvor’s investments in the operation. The award afforded by SCOPIC, although being a modification of the Article 14 Special Compensation, is based on different principles than those underlying the respective provision of the Convention. The major aim of the current paper is to give a comprehensive explanation of the clause and its features. It will also clarify the development and the operation of the SCOPIC clause and will underline the advantages which it provides to the area of marine salvage. To understand the essence of the SCOPIC clause, one has to be familiar also with the awards available under Articles 13 and 14, and, therefore, a comparison between the three will be made. Thus, it will be illustrated that, depending on the award chosen, there could be a different outcome for all the parties involved in the salvage operation.
The current article is practice-oriented and is intended for shipowners and sea carriers as well ... more The current article is practice-oriented and is intended for shipowners and sea carriers as well as for practitioners and students who wish to revise or expand their knowledge on this specific area of the carriage of goods by sea. The paper provides the reader with a thorough understanding of the main instrument regulating the carriage of dangerous cargo – the IMDG Code. Further, Section II of the paper addresses also the carriage of solid bulk cargo (the IMSBC Code) and the most frequent problems and hazards which are associated with the transportation of such cargo. In general, the paper analyses the process of carriage of hazardous cargo from the perspective of the carrier, and, thus, it may be used as a guide to the carriage of dangerous goods.
A commentary on the IMO’s pollution-prevention instrument and the implications for the shipping i... more A commentary on the IMO’s pollution-prevention instrument and the implications for the shipping industry
Uploads