Published Articles:

ISSUE 6

EDITORIAL

EU scrutiny of French tonnage tax
DR VINCENT J G POWER A&L Goodbody
JIML 20 [2014] 6 391

ARTICLES

The law of unmanned merchant shipping - an exploration
PROFESSOR DR ERIC VAN HOOYDONK
Advocate at the Antwerp Bar, Research Professor at the University of Ghent
JIML 20 [2014] 6 403

Anatomy of a trial for manslaughter at sea: the P&O ferry The Pride of Bilbao and the yacht Ouzo
RICHARD BARRACLOUGH QC
6 Pump Court, Temple, London
JIML 20 [2014] 6 424

ANALYSIS AND COMMENT

A new channel to the heart of incorporation clauses
ELENI MAGKLASI
NYK Bulkship (Atlantic) NV v Cargill International SA (The Global Santosh)
[2014] EWCA Civ 403, [2014] 2 Lloyd's Rep 103
JIML 20 [2014] 6 397

The 'battle' of the clashing arbitration clauses: does an arbitration clause in a P&I club's letter of undertaking override the arbitration agreement in the charterparty?
IOANNIS AVGOUSTIS Attorney at Law, Athens Bar Association
Viscous Global Investment Ltd v Palladium Navigation Corporation (The Quest)
[2014] EWHC 2654 (Comm)
JIML 20 [2014] 6 399

NATIONAL REPORT

The new Spanish Maritime Navigation Act 2014, the need for uniformity and the International Maritime Conventions
IGNACIO ARROYA
Professor of Commercial and Maritime Law, Universidad Autonoma de Barcelona Spain
JIML 20 [2014] 6 440

ISSUE 5

EDITORIAL

Changes to jurisdiction in the courts of EU Member States from 10 January 2015
YVONNE BAATZ Institute of Maritime Law, University of Southampton
JIML 20 [2014] 5 311

ARTICLES

The surrender of the bill of lading 'duly endorsed'
MICHIEL SPANJAART
Centre for Maritime Law, National University of Singapore, Advocate in Rotterdam
JIML 20 [2014] 5 327

Perils of the sea under English, French and Greek law; a perilous venture?
MAREL KATSEVELA
Assistant Professor, Faculty of Law, University of Ottawa
JIML 20 [2014] 5 343

An equitable solution to the Aegean Sea disputes
HASAN A DEVECI
former Lecturer in Law, London South Bank University
JIML 20 [2014] 5 356

ANALYSIS AND COMMENT

Off-hire claim and arrest of ship
SIMON BAUGHEN
NYK Bulkship (Atlantic) NV v Cargill International SA (The Global Santosh)
[2014] EWCA Civ 403, [2014] 2 Lloyd's Rep 103
JIML 20 [2014] 5 319

The right to limit liability and the availability of liability insurance
RICHARD WILLIAMS
Peracomo Inc, Real Vallee and Others v Telus Communications Co and Others
2014 SCC 29, [2014] 1 SCR 621
JIML 20 [2014] 5 322

NATIONAL REPORT

The new Spanish Maritime Navigation Act 2014, the need for uniformity
and the International Maritime Conventions
IGNACIO ARROYA
Professor of Commercial and Maritime Law,
Universidad Autonoma de Barcelona Spain
JIML 20 [2014] 5 375

ISSUE 4

EDITORIAL

Reforming the Marine Insurance Act 1906
BARIS SOYER
JIML 20 [2014] 4 235

ARTICLES

Ships revisited: a comparative study
SARAH GHALEN
Walther Schücking Institute for International Law, University of Kiel
JIML 20 [2014] 4 252

Container ships: reserve ships and loss of use following collision - liner operators beware!
HARRY HIRST
Ince & Co, Hong Kong
JIML 20 [2014] 4 270

A re-examination of the measure of damages under time charterparties
MEIXIAN SONG
University of Exeter
JIML 20 [2014] 4 284

ANALYSIS AND COMMENT

Late payment of freight and hire - power to award interest under the 1998 Act
CHUKWUMA OKOLI
Martrade Shipping & Transport GmbH v United Enterprises Corporation
[2014] EWHC 1884 (Comm)
JIML 20 [2014] 4 245

The scope of the Athens Convention: could it possibly extend to proceedings for contribution?
Kathleen Feest v South West Strategic Health Authority et al
[2014] EWHC 177 (QB)
JIML 20 [2014] 4 249

ISSUE 3

EDITORIAL

Multi-tiered dispute resolution and friendly negotiations
RHIDIAN THOMAS
JIML 20 [2014] 3 153

ARTICLES

Towards a worldwide restatement of the general principles of maritime law
ERIC VAN HOOYDONK
Advocate, Antwerp, Professor, Ghent University, Chairman, Belgian Maritime Law Commission
JIML 20 [2014] 3 170

Laytime and demurrage - contractual concepts in a state of flux
RHIDIAN THOMAS
JIML 20 [2014] 3 183

The business of piracy: commercial shipping, risk management and the use of private security firms
SARA ROSS
Osgoode Hall Law School
JIML 20 [2014] 3 193

ANALYSIS AND COMMENT

The flag state, the port state and SOLAS
DR BEVAN MARTEN
PB Sea Tow (PVI) Ltd v Attorney-General
(2 May 2014) Court of Appeal of Samoa CA 24/13
JIML 20 [2014] 3 161

Damage to chattels: of repairs, recoverable loss and general damages
PROFESSOR ANDREW TETTENBORN
Coles v Hetherton
[2013] EWCA Civ 1704, [2014] 3 All ER 377
JIML 20 [2014] 3 165

Who is an advising bank - the quality of documentary credit communications
JASON CHUAH City Law School, London

Den Danske Bank A/S v Surinam Shipping Ltd
[2014] UKPC 10
JIML 20 [2014] 3 168

ISSUE 2

EDITORIAL

Is a ship to which the CLC 92 applies also required to obtain a certificate under the Bunkers Convention?
RHIDIAN THOMAS
JIML 20 [2014] 2 73

ARTICLES

Environmental Liability in the offshore sector with special focus on conflict of laws (part 2)
PROFESSOR PETER WETTERSTEIN Abo Akademi University, Finland
JIML 20 [2014] 2 86

An EU perspective on the liability of classification societies: selected current issues and private international law aspects
JAN DE BRUYNE Faculty of Law, University of Ghent
CEDRIC VANLEENHOVE Faculty of Law, University of Ghent
JIML 20 [2014] 2 103

Shipping pools, consortia and alliances: understanding UK cartel law
PHILIP WAREHAM Head of EU & Competition Team, Hill Dickinson LLP
JIML 20 [2014] 2 121

ANALYSIS AND COMMENT

Establishing a limitation fund by producing a guarentee
Kairos Shipping Ltd and Another v Enka & Co LLC and Others (The Atlantik Confidence)
[2013] EWCA Civ 217, [2014] 1 Lloyd's Rep 586
JIML 20 [2014] 2 80

Calculation of damages for breach of time charteparties
Fulton Shipping Inc of Panama v Globalia Business Travel S.A.U. (The New Flamenco)
[2014] EWHC 1547 (Comm)
JIML 20 [2014] 2 82

ISSUE 1

EDITORIAL

Independent ship agents and the law
RHIDIAN THOMAS
JIML 20 [2014] 1 5

ARTICLES

The French Court of Cassation and the Erica case; some issues relating to civil liability
MANS JACOBSSON Former Director, International Oil Pollution Compensation Funds, Member of the Executive Council of the Comite Maritime International (CMI)
JIML 20 [2014] 1 18

Environmental Liability in the offshore sector with special focus on conflict of laws (part 2)
PROFESSOR PETER WETTERSTEIN Abo Akademi University, Finland
JIML 20 [2014] 1 30

Irregular migration and the international obligation of non-refoulement: the case of the MV Salamis from a Maltese perspective
PATRICIA MALLIA, JEAN-PIERRE GAUCI
JIML 20 [2014] 1 50

ANALYSIS AND COMMENT

Construction of laytime/demurrage exception clauses in voyage charterparties
E D and F Man Sugar Ltd v Unicargo Tranbsportgessellschaft GmbH (The Ladytramp)
[2013] EWCA Civ 1449 English Court of Appeal
JIML 20 [2014] 1 12

Anticipatory breach of charterparty obligations
Geden Operations Ltd v Dry Bulk Handy holdings Inc (The MV Bulk Uruguay)
[2014] EWHC 885 (Comm), High Court, QBD
JIML 20 [2014] 1 14

Volume 19:
Top

ISSUE 6

EDITORIAL

The new ICC Mediation Rules
RHYS CLIFT
JIML 19 [2013] 6 457

ARTICLES

Successive and superveneing events: damage, injury and loss of profit
JOHN KNOTTConsultant, Holman Fenwick Willan LLP
JIML 19 [2013] 6 469

The Commune de Mesquercase
VINCENT POWER
JIML 19 [2013] 6 486

Maritime arbitration: ideal forum for resolving colliison disputes
CAPTAIN F. WALLEY U.S. Master Mariner
JIML 19 [2013] 6 504

Uniform international legal regime for multimodal transport: No general acceptance
RAMANDEEP CHHINA Lecturer in Business Law, Heriot-Watt University, Edinburgh
JIML 19 [2013] 6 516

ANALYSIS AND COMMENT

Claiming against third party liability insurances
Teal Assurance Co Ltd v W R Berkley Insurance (Europe) Ltd and Another
[2013] UKSC 57, [2013] 2 All ER (Comm) 1009
RHIDIAN THOMAS
JIML 19 [2013] 6 466

ISSUE 5

EDITORIAL

Laytime definitions for Charter Parties 2013
SIMON BAUGHEN
JIML 19 [2013] 5 363

ARTICLES

Damage, destruction and consequential loss: should carriers be different from everyone else?
PROFESSOR ANDREW TETTENBORN Institute of International Shipping and Trade Law, Swansea University
JIML 19 [2013] 5

The anticompetitive effects of a globally concentrated, oligopolistic maritime market: from explicit to tacit collusion - an analysis based on the P3 network
AUGUST J BRAAKMAN Secretary-General, European Maritime Law Organisation
JIML 19 [2013] 5

Article 58 of the Rotterdam Rules: a dance between flexibility and foreseeability?
SIMONE LAMONT-BLACK Lecturer in International Trade Law at the University of Edinburgh
JIML 19 [2013] 5

ANALYSIS AND COMMENT

Proteccting arbitration clauses in international commercial contracts by anti-suit injunctions
Ecom Agroindustrial Corp Ltd v Mosharaf Composite Textile Mill Ltd
[2013] EWHC 1276 (Comm), [2013] 2 All ER (Comm) 983
JIML 19 [2013] 5 371

Payment by inter-bank transfer - CHAPS
Tidal Enbergy Ltd v Bank of Scotland Plc
[2013 EWHC 2780(QB); [2013] 2 Lloyd's Law Reports 605
Rhidian Thomas
JIML 19 [2013] 5 341

ISSUE 4

EDITORIAL

Marine insurance and consumerism
RHIDIAN THOMAS JIML 19 [2013] 4 289

ARTICLES

The impact of sanctions on charterparty operations
PROFESSOR RICHARD WILLIAMS Institute of International Shipping and Trade Law, Swansea University
JIML 19 [2013] 4 290

Narrow channels - a missed opportunity for a new legal test
HARRY HIRST Partner, Master Mariner, Ince & Co Hong Kong
JIML 19 [2013] 4 304

The applicability of the principle of the common heritage of mankind to the waters and airspace superjacent to the international seabed area
DR PATRICIA MALLIA Senior Lecturer, Faculty of Laws, University of Malta
JIML 19 [2013] 4 331

ANALYSIS AND COMMENT

Interpreting the 'safe port' warranty in charterparty agreements Gard Marine & Energy Ltd v China national Chartering Co Ltd and Others
[2013] EWHC 2199 (Comm)
Ioannis Avgoustis
JIML 19 [2013] 4 283

Interpreting the 1952 Arrest Convention in Hong Kong under the common law approach: uniformity or diversity in arrest of ships?
The Decurion
[2013] HKCA 180 (Hong Kong Court of Appeal)
Felix W H Chan JIML 19 [2013] 4 278

ISSUE 3

EDITORIAL

The European Colloquia of Maritime Law Research
RHIDIAN THOMAS
JIML 19 [2013] 3 181

ARTICLES

Construction of terms in maritime contracts and remedies for their breach
PROFESSOR YVONNE BAATZ Institute of Maritime Law, University of Southampton
JIML 19 [2013] 3 200

Standard form salvage contracts: the scope of the duty to exercise best endeavours
MISO MUDRIC Department for Maritime and Transport Law, Faculty of Law, University of Zagreb
JIML 19 [2013] 3 220

Liability for delay in multimodal transport under the Rotterdam Rules
OLENA BOKAREVA Faculty of Law, Lund University, Sweden
JIML 19 [2013] 3 237

ANALYSIS AND COMMENT

the Ara Libertad case: request for the prescription of provisional measures

Order of the International Tribunal for the Law of the Sea, 15 December 2012
PROFESSOR DUNCAN FRENCH DR VERONICA RUIZ ABOU-NIGM
JIML 19 [2013] 3 191

Shipper's right to sue in relatino to carriage of goods by sea: the approach of the Chinese courts
PICC Property and Casualty Company Limited of China Shenzhen Branch v China Progress International Forwarding Company
(2012) YGFMSZZ 104
FEIFEI DENG
JIML 19 [2013] 3 196

ISSUE 2

EDITORIAL

The inescapable technicalities of maritime litigation
RHIDIAN THOMAS
JIML 19 [2013] 2 83

ARTICLES

The Law Commissions and insurance contract law reform: an update
DAVID HERTZELL Law Commissioner
LAURA BURGOYNE Commercial and Coommon Law Team, Law Commission
JIML 19 [2013] 2 105

The Freedom of Navigation Program: Affirming U.S. Maritime Rights Under UNCLOS
JULIANNE KELLY-HORNER University of San Diego School of Law
JIML 19 [2013] 2 124

Liability and compensation for ship-source oil pollution in China
MANS JACOBSSON Visiting Professor at the Dalian and Shanghai Maritime Universities, People's Republic of China
JIML 19 [2013] 2 142

ANALYSIS AND COMMENT

Recognition of a regulation judgment on the validity of a jurisdiction agreement
Gothaer Allgemeine Versicherung AG v Samskip GmbH
Case C-456/11 [2013] ILPr 7
YVONNE BAATZ Professor of Maritime Law and Member of the Institute of Maritime Law, University of Southampton
JIML 19 [2013] 2 91

Contracts (rights of third parties) Act 1999 and arbitration
Fortress Value Recovery Fund 1 LLC and Others v Blue Sky Opportunities Fund LP and Others
[2012] EWHC 1486 (Comm), [2013] EWCA Civ 367
JAMES HAYTON Solicitor of the Senior Courts of England & Wales
JIML 19 [2013] 2 95

Militant environmental protest and maritime torts
Fish & Fish Ltd v Sea Shepherd UK and Others
[2102] EWHC 1717 (Admlty): [2013] EWCA Civ 544
RICHARD CADDELL Institute of International Shipping and Trade Law, Swansea University
JIML 19 [2013] 2 101

NATIONAL REPORT

The principle of utmost good faith in Indian marine insurance contracts
DR R BHANU KRISHNA KIRAN
JIML 19 [2013] 2 165

ISSUE 1

EDITORIAL

The new German Act on the Reform of Maritime Trade Law
JASON CHUAH
JIML 19 [2013] 1 5

ARTICLES

Delay and disruption claims in superyacht and other shipbuilding contracts
ELIZABETH BLACKBURN QC
RACHEL TONEY
Stone Chambers, Grays Inn
JIML 19 [2013] 1 15

Wrongful arrest of ships: a case for reform
ALEKA MANDARAKA SHEPPARD
Maritime Arbitrator, Founder/Chairman London Shipping Law Centre
JIML 19 [2013] 1 41

The strategic use of mediation for resolving maritime territorial disputes
DR AVNITA LAKHANI
Assistant Professor, School of Law, City University of Hong Kong
JIML 19 [2013] 1 60

Volume 18:
Top

ISSUE 6

EDITORIAL

A thought for seamen
RHIDIAN THOMAS
JIML 18 [2012] 6 409

ARTICLES

Amending the Rotterdam Rules: technical corrections to the U.N.Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea
PROFESSOR MICHAEL F. STURLEY
Fannie Coplin Regents Chair in Law, The University of Texas at Austin
JIML 18 [2012] 6 423

Nordic Marine Insurance Plan 2013: a regional approach to a balanced contract?
PROFESSOR TRINE-LISE WILHELMSEN
University of Oslo, Scandinavian Institute of Maritime Law at the Faculty of Law
JIML 18 [2012] 6 433

Liability for offshore facility pollution damage after the Deepwater Horizon? What happened to the global solution?
TABETHA KURTZ-SHEFFORD
Tutor in Commercial and Maritime Law, Institute of International Shipping and Trade Law, Swansea University
JIML 18 [2012] 6 453

ANALYSIS AND COMMENT

Unsatisfactory implication - a case for revision
MATEUSZ BEK
Dalmare SpA v Union Maritime Ltd and Valor Shipping Ltd
[2012] EWHC 3537 (Comm)

ISSUE 5

EDITORIAL

The expanding horizon of mandatory marine insurance
RHIDIAN THOMAS
JIML 18 [2012] 5

ARTICLES

Issues of modern piracy in marine insurance law: a comparative study of English and German law
JONATHAN WENNEKERS University of Mannheim, Germany
JIML 18 [2012] 5

Fleximodal contracts and CMR: the Belgian approach
WOUTER VERHEYEN Centre for Methodology of Law, Katholieke Universiteit Leuven
JIML 18 [2012] 5

Article 47(2) of the Rotterdam Rules: solution of old problems or a new confusion?
PROFESSOR ČASLAV PEJOVIĆ Kyushu University, Japan
JIML 18 [2012] 5

ANALYSIS AND COMMENT

Third party enforcement of letters of indemnity for non-presentation of bills of lading
Far East Chartering Ltd (formerly known as Visa Comtrade Asia Ltd) and Binani Cement Ltd v Great Eastern Shipping Company Ltd (The Jag Ravi)
[2012] EWCA Civ 180
JAMES R WERELEY Faculty of Law, University of Ottawa
JIML 18 [2012] 5

Whether the duty to protect the marine environment takes precedence over the general duty to protect the imperiled object of salvage: article 8 of the 1989 salvage convention
Dezinsekcija d.o.o. v Anomyo Maritime CO.S.A (The Serine)
P-4900/09-7, High Commercial Court of Republic of Croatia, 19 March 2011
MISO MUDRIC Department for Maritime and Transport Law, Faculty of Law, University of Zagreb, Croatia
JIML 18 [2012] 5

ISSUE 4

EDITORIAL

Expert determination - the unfolding picture
D R THOMAS
JIML 18 [2012] 4 261

ARTICLES

Some thoughts on civil liability for maritime piracy-caused oil pollution
LING ZHU, ADOLF K YNG, MING ZHAO ZHANG The Hong Kong Polytechnic University
JIML 18 [2012] 4 306

New European rules on the liability of carriers of passengers by sea in the event of accidents
NORMAN A MARTINEZ GUTIERREZ IMO International Maritime Law Institute, Malta
JIML 18 [2012] 4 293

Environmental salvage - Plus ca change . . .?
COLIN de la RUE Ince & Co LLP, London
CHARLES B ANDERSON Skuld North America, New York
JIML 18 [2012] 4 279

ANALYSIS AND COMMENT

Charters, wrongs and the law of duress
Progress Bulk Carriers Ltd v Tube City IMSLLC
PROFESSOR ANDREW TETTENBORN
JIML 18 [2012] 4 274

Conwartime clause and the construction of off-hire clauses
Osmium Shipping Corp v Cargill International SA
[2012] EWHC 576 (Comm), High Court of Justice, Queen's Bench Division, Commercial Court
JIML 18 [2012] 4 276

ISSUE 3

EDITORIAL

The 'best endeavours' obligation of salvors
RHIDIAN THOMAS
JIML 18 [2012] 3 179

ARTICLES

Multimodal transport after the Rotterdam Rules: will it work this time?
MANUEL FRANCO Abogado, Cuatrecasas, Gonçalves Pereira, Madrid
JIML 18 [2012] 3 182

Ransom piracy and time charterparties
PAUL TODD Professor of Commerical and Maritime Law, University of Southampton
JIML 18 [2012] 3 193

My platform, my state: the principality of sealand in international law
VINCENT P COGLIATI-BANTZ TC Beirne School of Law, University of Queensland, Australia
JIML 18 [2012] 3 227

ANALYSIS AND COMMENT

Prorogation of jurisdiction under Article 23(1)(a) Council Regulation (EC) 44/2001 in the Italian jurisdiction
DR ANDREA GIARDINI
IF P&C Insurance Ltd v Allianz Spa and Assicurazioni Generali SpA (The Front Comor)
Corte di Cassazione (Italian Supreme Court), Joint Civil Chambers, Judgment order 09/03/2012, n 3693
JIML 18 [2012] 3 188

ISSUE 2

EDITORIAL

Brokers, marine insurance premiums and the London market -- the case for reform
RHIDIAN THOMAS
JIML 18 [2012] 2 107

ARTICLES

Deviation and off-hire
JOHN WEALE Vice President, Fednav Limited, Montreal
JIML 18 [2012] 2 126

Designing and drafting arbitration clauses in international shipping and offshore contracts: some practical considerations
ALEXANDRE JOB Juriste, Total S A, Paris
JIML 18 [2012] 2 143

Fair treatment of seafarers - international law and practice
OLIVIA MURRAY Ince & Co LLP
JIML 18 [2012] 2 150

ANALYSIS AND COMMENT

Follow the leader clauses in marine policies
PT Buana Samudra Pratam v Marine Mutual Insurance Association (NZ) Ltd (The Buana Dua)
[2011] EWHC 2413(Comm), [2012] Lloyd's Rep IR 52
JIML 18 [2012] 2 118

Bailment: a post-contract solution under time charters
Petroleo Brasiliero SA v ENE Kos 1 Limited (The Kos)
[2012] UKSC 17; [2012] 2 WLR 976
LIANG ZHAO Lecturer in law, The Hong Kong Polytechnic University
JIML 18 [2012] 2 121

NATIONAL REPORT

Maritime Perils in marine insurance law: Indian practice
R BHANU KRISHNA KIRAN Independent researcher; MSc Strategic Studies, Nanyang Technological University
JIML 18 [2012] 2 165

ISSUE 1

EDITORIAL

Consultations and more consultations
JASON CHUAH Professor of Commercial and Maritime Law and Director of the Institute of International Shipping and Trade Law, School of Law, Swansea University
JIML 18 [2012] 1 5

ARTICLES

Ocean carrier?s loss of liability limitation -- interpretation of Article IV.5(e) of the Hague-Visby Rules in French, Greek, Italian and German law
PROFESSOR MAREL KATSIVELA Faculty of Law, University of Ottawa
JIML 18 [2012] 1 21

The straight bill of lading: past, present, and future
DARYL LEE YU HENG LLM student, School of Law, City University of Hong Kong
DR POOMINTR SOOKSRIPAISARNKIT Assistant Professor, School of Law, City University of Hong Kong
JIML 18 [2012] 1 39

The legality of the interception of boat people under search and rescue and border control operations
MATTEO TONDINI Former military legal adviser to the Italian Navy General Staff, Office of Legal Affairs
JIML 18 [2012] 1 59

ANALYSIS AND COMMENT

Oil major approval clauses: approvals, acceptability letter and 'to the best of owner's knowledge'
Transpetrol Maritime Services Ltd v SJB (Marine Energy) BV (The Rowan)
[2012] EWCA Civ 198
ROBERT GAY Solicitor, Hill Dickinson LLP, London; Member of the Documentary Committee of the International Association of Independent Tanker Owners (Intertanko)
JIML 18 [2012] 1 15

Passenger injury claims: plain sailing or not?
ANDREW TETTENBORN Professor of Commercial Law, School of Law, Swansea University; Institute of International Shipping and Trade Law, Swansea University

JIML 18 [2012] 1 20

NATIONAL REPORT

The regulations of the People's Republic of China on administration of prevention and control of pollution to the marine environment by vessels: a general overview
DR JINGJING XU Plymouth Business School, University of Plymouth
JIML 18 [2012] 1 75

Volume 17:
Top

ISSUE 6

EDITORIAL

Somali Piracy - Report of UK Foreign Affairs Committee
RHIDIAN THOMAS
JIML 17 [2011] 411

ARTICLES

Confusion and difficulties surrounding the fraud rule in letters of credit: an English perspective
DR HANG YEN LOW Griffith Business School, Griffith University, Australia
JIML 17 [2011] 462

Charterparty implications of trading in the Arctic
JAMES WERELEY Fellow of the Institute of Chartered Shipbrokers
JIML 17 [2011] 452

A comparative analysis of the transfer of contractual rights under the English Carriage of Goods by Sea Act 1992 and the Rotterdam Rules
PROFESSOR D RHIDIAN THOMAS Emeritus Professor of Maritime Law, Founder Director, Institute of International Shipping and Trade Law, Swansea University
JIML 17 [2011] 437

ANALYSIS AND COMMENT

Insuring ocean towage of a floating dock - issues of disclosure and seaworthiness
Garnat Trading & Shipping (Singapore) Pte Ltd and Another v Baominh Insurance Corporation
[2010] EWHC 2578 (Comm), [2011] Lloyd's Rep IR 366
JIML 17 [2011] 432

When is a serious risk of piracy serious enough for the law?
DR ALEKA MANDARAKA SHEPPARD
Pacific Basin IHX Limited v Bulkhandline Handymax AS (The Triton Lark)
[2011] EWHC 2862; [2012] EWHC 70 (Comm)
JIML 17 [2011] 430

The construction in The Netherlands of Article 3(1), (4) of the Arrest Convention 1952
NIGEL MARGETSON Furtrans Denzilick Ticaret Ve Sanayi AS v Augusta Due Srl (The Constanza M)
Supreme Court of The Netherlands, LJN:BT2708
JIML 17 [2011] 423

NATIONAL REPORT

Control of land-based sources of marine pollution in Japan: a legal analysis
DR DAUD HASSAN Senior Lecturer and Head of Interdisciplinary Law Units, School of Law, University of Western Sydney

ISSUE 5

EDITORIAL

Inter-Club New York Prioduce Exchange Agreement 1996
(as amended September 2011)
RHIDIAN THOMAS
JIML 17 [2011] 323

ARTICLES

Apportionment of damages under the Rotterdam Rules
FRANK STEVENS Roosendaal Kezer Advocaten, Antwerp
JIML 17 [2011] 343

The limits of foreseeablility and The Achilleas
DEREK WHAYMAN Tutor in Law, University of Leeds
JIML 17 [2011] 360

Who is the carrier in the carriage of goods by sea? Rotterdam Rules response from a French and English perspective
DR ANASTASIYA KOZUBOVSKAYA-PELLE European Science Foundation, Strasbourg, France
YANG WANG Oslo University, Norway
JIML 17 [2011] 382

ANALYSIS AND COMMENT

The English courts apply business common sense to the interpretation of commercial contracts
DR ALEKA MANDARAKA SHEPPARD
[2011] UKSC 50; [2012] 1 Lloyd's Rep 34
JIML 17 [2011] 333

Mysterious disappearance clauses in cargo policies
AXL Resources Ltd v Antares Underwriting Services Ltd
[2010] EWHC 3244 (Comm) QBD
JIML 17 [2011] 337

Transfer of property in the construction and sale of a newbuild vessel
EDWARD YANG LIU
Dragon Pearl Night Club Restaurant Ltd v Leung Wan Kee Shipyard Ltd
Case No. CACV277/2010, High Court, Hong Kong special administrative region
JIML 17 [2011] 382

339 ISSUE 4

EDITORIAL

International Convention on Arrest of Ships 1999
RHIDIAN THOMAS
JIML 17 [2011] 247

ARTICLES

A comparison of the UK and US approaches to the incorporation of a charterparty arbitration clause into bills of lading
SANDRA LIELBARDE Legal Adviser, Latvian Maritime Administration, Lecturer, Latvian Maritime Academy
JIML 17 [2011] 291

An Evaluation of the Rotterdam Rules from the US
THOMAS J. SCHOENBAUM Research Professor of Law, George Washington University
JIML 17 [2011] 274

An ideal international scheme for compensation for marine pollution damage
MÅNS JACOBSSON Former Director, International Oil Pollution Compensation Funds, member of the Executive Council of Comité Maritime International (CMI)
JIML 17 [2011] 263

ANALYSIS AND COMMENT

Criminal sanctions for ship-source pollution
Den offentlige påtalemyndighet (Public prosecution authorities) mot A og Q (MV Full City)
Court of Appeal, Agder, Norway, 22 June 2011
ALLA POZDNAKOVA Postdoctoral fellow, University of Oslo, Law Faculty, Scandinavian Institute of Maritime Law
JIML 17 [2011] 255

Moral hazard and the use of fraudulent means and devices in presenting a legitimate insurance claim
Sharon?s Bakery (Europe) Ltd v (1)Axa Insurance UK Plc (2) Aviva Insurance Ltd
RUI ZHENG University of Swansea
JIML 17 [2011] 260

ISSUE 3

EDITORIAL

Lloyd's Open form 2011
RHIDIAN THOMAS
JIML 17 [2011] 167

ARTICLES

New procedures for bills of lading in the Rotterdam Rules
PROFESSOR ERIK RØSÆG Scandinavian Institute of Maritime Law, University of Oslo
JIML 17 [2011] 181

Rotterdam Rules: both-to-blame collision --100% liability!
PROFESSOR MARTIN H CLARINGBOULD Professor of Maritime Law, Leiden University; Partner, Van Traa Advocaten NV, Rotterdam
JIML 17 [2011] 195

Contracts of logistics under the Rotterdam Rules
VIBE ULFBECK Professor of private law, Centre for Enterprise Liability, Faculty of Law, University of Copenhagen; Professor of maritime law, Scandinavian Institute of Maritime Law, University of Oslo
JIML 17 [2011] 195

ANALYSIS AND COMMENT

Marine Insurance contract
Argo Systems FZE v Liberty Insurance (Pte)
[2011] EWHC 301 (Comm)
BARIS SOYER
JIML 17 [2011] 177

documentary credits - should the issuing bank as named consignee be liable for costs incurred under the contract of carriage?
Fortis Bank & Stemcor v Indian Overseas Bank
[2011] EWHC 538 (Comm)
JASON CHUAH
JIML 17 [2011] 175

NATIONAL REPORT

A study on the validity of incorporating arbitration clauses in charter parties into bills of lading under Chinese law
PROFESSOR DR NIN HAN, JUN YAN AND JINLEI ZHANG Dalian Maritime University
JIML 17 [2011] 226

ISSUE 2

EDITORIAL

Third party rights of action against P&I Clubs

ARTICLES

Package limitation as an essential feature of the modern maritime transport treaties: a critical analysis
MARC A HUYBRECHTS Emeritus Professor of Law, Universities of Leuven and Antwerp
JIML 17 [2011] 90

The legal status of intermediate holders of bills of lading under contract of carriage by sea -- a comparative study of US and English law
LING LI SJD Candidate, Tulane University Law School
JIML 17 [2011] 90

Somali piracy: the missing link in jurisdiction over foreign pirates under international law
ADEMUN-ODEKE Visiting Professor in International Maritime Law and Policy, Southampton Solent University
JIML 17 [2011] 121

ANALYSIS AND COMMENT

Liability of classification societies for the negligence of sub-contractors under Turkish law
Cerrahogullari Umumi Nakliyat Vapurculuk & Ticaret TAS v Lloyd?s Register of Shipping (Istanbul Denizcilik Ihtisas Mahkemesi, case no 2006/173, verdict no 2008/147; Yargitay 11.Division 2008/10423 verdict no 2010/4146; Yargitay 11.Division case no 2010/8525 verdict no 2010/9053)
PROFESSOR VEHBI S ATAERGIN Institute of Maritime Law, Southampton University
JIML 17 [2011] 83

Piratical capture actual total loss?
Masefield AG v Amlin Corporate Member Ltd (The Bunga Melati Dua)
[2011] EWCA Civ 24
BARIS SOYER
JIML 17 [2011] 80

NATIONAL REPORT

An Australian perspective on the Rotterdam Rules
DAVID WOOD University of Melbourne
JIML 17 [2011] 147

ISSUE 1

EDITORIAL

The Rotterdam Rules and the EU - a case of mixed messages
JASON CHUAH
JIML 17 [2011] 5

ARTICLES

From bills of lading to transport documents - the role of transport documents under the Rotterdam Rules
DR ANDERS MOLLMANN Centre for Enterprise Liability, Faculty of Law, University of Copenhagen
JIML 17 [2011] 50

Jurisdiction and choice of law issues relating to the direct action against the insurer: the position under U.S. law
DAVID B. SHARPE Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, Adjunct Professor of Law, Tulane University
JIML 17 [2011] 41

Himalaya clauses and the Rotterdam Rules
DR THEODORA NIKAKI Institute of International Shipping & Trade Law, School of Law, Swansea University
JIML 17 [2011] 20

ANALYSIS AND COMMENT

Cruising to disappointment: of damages, distress and other things
Milner v Carnival plc
[2010] EWCA Civ 389
PROFESSOR ANDREW TETTENBORN Professor of Maritime Law, School of Law, Swansea University
JIML 17 [2011] 15

The abolition of the legal immunity of expert witnesses
Jones v Kaney
[2011] UKSC 13
JIML 17 [2011] 17

Volume 16:
Top

ISSUE 6

EDITORIAL

ARTICLES

The scope of liability to private party claimants for maritime pollution damages under US law
THOMAS J SCHOENBAUM Research Professor of Law, GeorgeWashington University Law School,Washington DC
JIML 16 [2010] 6

The Insurer's Post-Contractual Duty of Good Faith: Search for a balanced regime
LETIZIA BORG CRISTIANO Commercial lawyer
JIML 16 [2010] 6

The EU advance cargo declaration regime: a shipping perspective
CHRISTOPHE TYTGAT European Community Shipowners'Associations (ECSA), Brussels
JIML 16 [2010] 6

ANALYSIS AND COMMENT

The law applicable to contracts for the carriage of goods where the parties have made no choice
Intercontainer Interfrigo SC (ICF) v Balkenende Oosthuisen BV,MIC Operations BV
CJEU Case C-133/08 OJ

PROFESSOR YVONNE BAATZ Professor of Maritime Law, School of Law,University of Southampton
JIML 16 [2010] 6

Arbitrators are not permitted to conduct a class action arbitration absent express agreement of the parties to the arbitration ageement
Stolt-Nielsen S.A. v. Animal Feeds International Corporation
559 U.S.__,130 S.Ct.1758 (2010); [2010] Lloyd's Rep. 360

PROFESSOR THOMAS J. SCHOENBAUM Research Professor of Law, George Washington University Law School,Washington DC

NATIONAL REPORT

Colombian law on carriage of goods by sea: current regulation and some perspectives towards an eventual ratification of the Rotterdam Rules
JAVIER ANDRÉS FRANCO-ZARÁTE Lecturer in Maritime Law, Universidad Externado de Colombia; Senior Associate Guzman Escobar & Asociados

ISSUE 5

EDITORIAL

Incoterms 2010 and shipping law
PROFESSOR CHARLES DEBATTISTA Institute of Maritime Law, University of Southampton
JIML 16 [2010] 5 339

ARTICLES

The impact of the volume contract concept on the global community of shippers: the Rotterdam Rules in perspective
PROFESOR PROSHANTO K MUKHERJEE World Maritime University
ABHINAYAN BASU BAL Lund University
JIML 16 [2010] 5 352

The Rotterdam Rules and their implications for environmental protection
FRANCESO MUNARI Professor of European Union Law, University of Genoa, Italy
ANDREA LA MATTINA Adjunct Professor of Maritime Law, University of Genoa, Italy
JIML 16 [2010] 5 370

Cash against Mate's Receipt in order to evade shipper's liability
DR RICHARD ZWITSER Senior Lecturer, Erasmus School of Law, Rotterdam
JIML 16 [2010] 5 380

ANALYSIS AND COMMENT

Emotional trauma at sea, California-style
The Eva Danielsen
2010 AMC 1782
PROFESSOR ANDREW TETTENBORN Professor of Commercial Law, Swansea University, UK
JIML 16 [2010] 5 347

Understanding the 'without prejudice' qualification in negotiations
Oceanbulk Shipping & Trading SA v TMT Asia Ltd
[2010] EWCA Civ 70; [2010] 2 Lloyd?s Rep 335
JIML 16 [2010] 5 348

NATIONAL REPORT

Carriage of goods by sea under Argentinean law
MARÍA BELÉN ESPIÑEIRA Lecturer on Maritime Law at the University of Buenos Aires, Senior Associate Lawyer, Chami-Di Menna & Associates, Buenos Aires Argentina
JIML 16 [2010] 5 397

ISSUE 4

EDITORIAL

HNS Protocol 2010
JIML 16 [2010] 4 257

ARTICLES

Law and jurisdiction for English limitation of liability proceedings
MICHAEL N TSIMPLIS Professor of Oceanography and Maritime Law at the University of Southampton
JIML 16 [2010] 4 289

The Rotterdam Rules in a European multimodal context
DR ELLEN EFTESTØL-WILHELMSSON Scandinavian Institute of Maritime Law, University of Oslo
JIML 16 [2010] 4 274

ANALYSIS AND COMMENT

Marine Insurance - perils of the sea and inherent vice as competing causes of loss
Global Process Systems Inc and Another v Syarikat Takaful Malaysia Berhard (The Cendor MOPU)
[2010] EWCA Civ 1398; [2010] 1 Lloyd?s Rep 243
JIML 16 [2010] 4 267

Distinguishing port and berth voyage charterparties
Novologistics SARL v Five Ocean Corporation (The Meridia)
[2009] EWHC 3046 (Comm); [2010] 1 Lloyd?s Rep 274
JIML 16 [2010] 4 271

ISSUE 3

EDITORIAL

Sixth European Colloquium on Maritime Law Research
JIML 16 [2010] 3 179

ARTICLES

The Rotterdam Rules from an Estonian perspective
HEIKE LINDPERE University Nord, Estonia
JIML 16 [2010] 3 243

Multimodal maritime plus: some European perspectives on law and policy
PROSHANTO K MUKHERJEE World Maritime University, Malmö, Sweden
OLENA BOKAREVA Lund University, Lund, Sweden
JIML 16 [2010] 3 221

The application of the Rotterdam Rules
KATHLEEN S GODDARD Lecturer in Maritime & Commercial Law, University of Plymouth
JIML 16 [2010] 3 210

The Rotterdam Rules: winners and losers
RICHARD WILLIAMS Institute of Shipping and Trade Law, School of Law, Swansea University UK
JIML 16 [2010] 3 191

ANALYSIS AND COMMENT

Important new U.S. Supreme Court case on the multimodal carriage of goods
Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp.
130 S.Ct. 2433 (2010)
THOMAS J. SCHOENBAUM Research Professor of Law, George Washington University (USA)
JIML 16 [2010] 3 184

Failure of free pratique, demurrage claim time bar
AET INC Limited v Arcadia Petroleum Limited (The Eagle Valencia)
[2010] EWCA Civ 713
MICHAEL HARIKIS Hill Dickinson LLP, London
JIML 16 [2010] 3 185

ISSUE 2

EDITORIAL

Contracts of carriage and the Rome 1 Regulation: Has anything really changed?
THEODORA NIKAKI University of Swansea, UK
JIML 16 [2010] 2 85

ARTICLES

Maritime liens and ship mortgages in bankruptcy - a comparison of recent Canadian, Chinese and US law
LING LI Tulane University Law School, New Orleans
JIML 16 [2010] 2 132

?Crew negligence? and ?crew incompetence?: their distinction and its consequence
KONSTANTINOS BACHXEVANIS Reed Smith LLP
JIML 16 [2010] 2 102

ANALYSIS AND COMMENT

Claiming under a cargo policy for piracy
Masefield AG v Amlin Corporate Member Ltd
[2010] EWHC 280 (Comm) High Court of Justice, Queen's Bench, Commercial Court
JIML 16 [2010] 2 94

Jurisdictional preconditions to ship arrest
The Catur Samudra
[2010] SGHC 18 (High Court of Singapore); [2010] 1 Lloyd's Rep 305
JIML 16 [2010] 2 97

NATIONAL REPORT

Recent developments in Chinese maritime law
HUIJIE LUO Jiangsu Maritime Institute

JIML 16 [2010] 2 150

ISSUE 1

EDITORIAL

EU maritime security - protecting maritime transport from piracy
JASON CHUAH
JIML 16 [2010] 1 5

ARTICLES

For the "round and the top of sovereignty": boarding foreign vessels at sea on terror-related intelligence tips
THOMAS M. BROWN Judge Advocate General's Corps, US Navy
JIML 16 [2010] 1 45

Safety of shipping - with focus on shipping in the Southern Ocean
KAREN N SCOTT Senior Lecturer in Law, University of Canterbury, New Zealand
JIML 16 [2010] 1 21

ANALYSIS AND COMMENT

Enforcement of arbitration awards under the New York convention 1958
Dallah Real Estate and Tourism Holding Co v The Ministry of Religious Affairs, Government of Pakistan
[2009] EWCA Civ 755 [2010] 1 Lloyd?s Rep 119
JIML 16 [2010] 1 12

Documentary credits - compliant documents and confirming banks
Fortis Bank SA/NV and Another v Indian Overseas Bank
[2009] EWHC 2303(Comm), [2010] 1 Lloyd?s Rep 227
JIML 16 [2010] 1 16

Volume 15:
Top

ISSUE 6

EDITORIAL

The jurisprudence and political economy of salvage awards


ARTICLES

The phenomenon of mediation: judicial perspectives and an eye on the future
RHYS CLIFT Partner, Hill Dickinson LLP, London
JIML 15 [2009] 6 508

Places of refuge for vessels in the Barents Sea: perspectives of the Norwegian-Russian cooperation
ALLA POZDNAKOVA University of Oslo, Scandinavian Institute of Maritime Law
JIML 15 [2009] 6 495

The Bunker Pollution Convention 2001 and limitation of liability
NICHOLAS GASKELL Professor Maritime and Commercial Law, Marine and Shipping Law Unit, TC Bierne School of Law, University of Queensland, Australia
JIML 15 [2009] 6 477

ANALYSIS AND COMMENT

Assessment of salvage award
The Owners of the Vessel Ocean Crown and Others v Five Oceans Salvage Consultants (The Ocean Crown)
[2009] EWHC 3040 (Admlty)
JIML 15 [2009] 6 470

London reinsurance - facultative - property damage - American primary insurance - back-to-back principle - different governing law
Wasa International Insurance Co and AGF Insurance Ltd v Lexington Insurance Co
[2009] UKHL 40, [2009] 2 Lloyd?s Law Reports 508
JIML 15 [2009] 6 472

ISSUE 5

EDITORIAL

Piracy, ransom and general average
JOHN MACDONALD Macdonald Hebditch & Co Ltd, Average Adjusters
JIML 15 [2009] 5 373

ARTICLES

Letters of Indemnity
RICHARD WILLIAMS Visiting Professor, University of Swansea
JIML 15 [2009] 5 394

The European Union?s role in the prevention of vessel-source pollution and its internal influence
LIU NENGYE Department of Public International Law, Faculty of Law, Ghent University
PROFESSOR FRANK MAES Department of Public International Law, Faculty of Law, Ghent University
JIML 15 [2009] 5 411

The Achilleas in the House of Lords - an update
ASM Shipping Ltd v TTMI (The Amer Energy) [2009] 1 Lloyd?s Rep 293
Classic Maritime Inc v Lion Diversified Holdings [2009] EWHC 1142 (Comm)
Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2009] EWHC 1949 (Comm)
Donoghue v Greater Glasgow Health Board [2009] CSOH 115
ROBERT GAY Barrister, (non-practising), Solicitor, Hill Dickinson, London
JIML 15 [2009] 5 423

ANALYSIS AND COMMENT

The place of good faith in the Hague Rules
Tasman Orient Line CV v New Zealand China Clays and Others (The Tasman Pioneer)
[2009] NZCA 135, [2009] 2 Lloyd?s Rep 303
JIML 15 [2009] 4 385

Limitation of liability for pure economic loss claims
Qenos Pty Ltd v APL Sydney
[2009] FCA 1090 Federal Court of Australia (New South Wales)
JIML 15 [2009] 4 390

NATIONAL REPORT

Subrogation in marine insurance laws and practice in China
DR ZHEN JING
Lecturer in Law, School of Law, Bangor University
JIML 15 [2009] 4 434

ISSUE 4

EDITORIAL

BIMCO Piracy Clauses
GRANT HUNTER
JIML 15 [2009] 4 291

ARTICLES

Piracy for ransom: insurance issues
PAUL TODD Professor of Law University of Plymouth
JIML 15 [2009] 4 307

?Warships? in the North Sea Continental Shelf cases: Why the definition of ?warship? for determining sovereign immunity settled 25 years ago
BRIAN SPIELMAN Law Clerk, Northern District of Georgia, USA
JIML 15 [2009] 4 322

ANALYSIS AND COMMENT

Important new US second circuit ruling on dangerous cargo
In Re M/V DG Harmony
533 F.3d 83 (2d Cir. 2008)
THOMAS J. SCHOENBAUM
JIML 15 [2009] 4 300

Inherent vice as an excluded peril in marine insurance
Global Process Systems Inc and Another v Syarikat Takaful Malaysia Berhard (The Cendor MOPU)
[2009] EWHC637(Comm); [2009] 2 Lloyd?s Rep 72

NATIONAL REPORT

The civil liability regime for vessel source oil pollution in China
PROFESSOR HONGJUN SHAN Dalian Maritime University Law School
JINLEI ZHANG Lecturer, Dalian Maritime University Law School

ISSUE 3

EDITORIAL

Reform of LOF salvage arbitration
JIML 15 [2009] 3 205

ARTICLES

The legal status of the Arctic under contemporary international law: an Antarctic regime or poles apart?
THOMAS BLUNDEN Institute for Environmental and Energy Law, Katholieke Universiteit Leuven
JIML 15 [2009] 3 249

Conflicts of Conventions in the Rotterdam Rules
PROFESSOR ERIC RØSÆG Director of Scandinavian Institute of Maritime Law, University of Oslo
JIML 15 [2009] 3 238

EU competition law on sharing information between competitors
DR VINCENT J G POWER Partner, A & L Goodbody, Dublin
JIML 15 [2009] 3 224

ANALYSIS AND COMMENT

Time charterparty - whether implied term that charterers would not undertake additional voyage - whether promissory estoppel against charterers
IMT Shipping and Chartering GmbH v Chansung Shipping Co Ltd (The Zenovia)
[2009] EWHC 739 (Comm)
ROBERT GAY Hill Dickinson LLP
JIML 15 [2009] 3 213

Expanding the ambit of liability for oil pollution damage from tankers: the charterer's position under EU law
Commune de Mesquer v Total France SA and Total International Ltd
RICHARD CADDELL Lecturer, School of Law, Swansea University
JIML 15 [2009] 3 219

NATIONAL REPORT

Legal recognition of electronic ocean bills of lading under Indian law
TONY GEORGE PUTHUCHERRIL Dalhousie Law School, Canada
JIML 15 [2009] 3 264

ISSUE 2

EDITORIAL

New cargo Insurance clauses
JIML 15 [2009] 2 111

ARTICLES

Liability in respect of passenger claims and its limitation
DR M N TSIMPLIS Senior Lecturer, Institute of Maritime Law, Southampton University
JIML 15 [2009] 2 125

Compulsory insurance in international maritime conventions
DUYGU DAMAR International Max Planck Research School for Maritime Affairs, University of Hamburg
JIML 15 [2009] 2 151

Demystifying air pollution from ships via trading schemes: how far can we go?
ILIANA CHRISTODOULOU-VAROTSI Adjunct Professor at the American College of Greece-Deree College, School of Business Administration
JIML 15 [2009] 2 169

ANALYSIS AND COMMENT

Limitation fund - London Convention 1976 (as amended) - right to limit - slot charterers - constitution of fund - beneficiaries
Metvale Ltd and Another v Monsanto International Sarl and Others (The MSC Napoli)
[2008] EWHC 3002(Admlty); [2009] 1 Lloyd?s Rep 246
JIML 15 [2009] 2 120

Arbitration agreements and anti-suit injunctions under EC Regulation No 44/2001
Allianz Spa and Another v West Tankers Inc (The Front Comor)
Case C--185/07 [2009] 1 Lloyd?s Rep 413 European Court of Justice
JIML 15 [2009] 2 122

NATIONAL REPORT

Carriage of goods by sea under the Vietnamese Maritime Code 2005: a comparative study
KEVIN LI Hong Kong University
C W M INGRAM Legal consultant
JIML 15 [2009] 2 178

ISSUE 1

EDITORIAL

Developments in EU maritime law
JASON CHUAH
JIML 15 [2009] 1 5

ARTICLES

Salvage, pollution or looting? The stranding of the Napoli's cargo
JASON LOWTHER Senior Lecturer, School of Law and Social Science, University of Plymouth
RICHARD GLOVER, MICHAEL WILLIAMS Senior Lecturers, School of Legal Studies, University of Woverhampton
JIML 15 [2009] 1 65

Towards flexible carriage documents? Reducing the need for modally distinct documents in international goods transport
DAVID A GLASS Lecturer, Cardiff Law School
RAWINDARAN NAIR Associate Tutor, Cardiff Business School
JIML 15 [2009] 1 37

Bunkers Convention in force
MÅNS JACOBSSON Former Director, International Oil Pollution Compensation Funds
JIML 15 [2009] 1 21

ANALYSIS AND COMMENT

The law applicable to torts committed on board vessels in foreign territorial waters
Hornsby v James Fisher Rumic Ltd
[2008] EWHC 1944 (QB)
MARTIN GEORGE
JIML 15 [2009] 1 13

Termination clauses: lessons for the contract draftsman
Stocznia Gdynia SA v Gearbulk Holdings Ltd
[2009] EWCA Civ 75
ANTON DUDNIKOV
JIML 15 [2009] 1 16

NATIONAL REPORT

A review of judicial attitudes towards the incorporation of arbitration clauses into bills of lading in China
FEI LANFANG Lecturer, College of Political Science and Law, Three Gorges University, Yichang, Hubei, China
JIML 15 [2009] 1 99

Volume 14:
Top

ISSUE 6

SPECIAL ISSUE

double length issue plus the full text of the Convention

The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the Rotterdam Rules)

EDITORIAL

A new convention on the international carriage of goods by sea
RHIDIAN D THOMAS
JIML 14 [2008] 6 459

ARTICLES

Transport Law for the twenty-first century: an introduction to the preparation, philosophy and potential impact of the Rotterdam Rules
PROFESSOR MICHAEL F. STURLEY
Stanley D. and Sandra J. Rosenberg Centennial Professor of Law, University of Texas School of Law
JIML 14 [2008] 6 461

Multimodal transport and the new UN Convention on the carriage of goods
CHRISTOPHER HANCOCK QC
20 Essex Street, London
JIML 14 [2008] 6 484

An appraisal of the liability regime established under the new UN Convention
PROFESSOR D RHIDIAN THOMAS
Director of the Institute of International Shipping and Trade Law, Swansea University
JIML 14 [2008] 6 496

The fundamental duties of the carrier under the Rotterdam Rules
DR THEODORA NIKAKI
Director of the Institute of International Shipping and Trade Law, Swansea University
JIML 14 [2008] 6 512

Exclusions and limitation of liability
PROFESSOR STEPHEN GIRVIN
Faculty of Law, National University of Singapore
JIML 14 [2008] 6 524

Burden of proof and allocation of liability for loss due to a combination of causes under the Rotterdam Rules
DR REGINA ASARIOTIS
Senior Legal Officer, United Nations Conference on Trade and Development (UNCTAD), Geneva
JIML 14 [2008] 6 537

Obligations of the shipper to the carrier
SIMON BAUGHEN
School of Law, Bristol University
JIML 14 [2008] 6 555

Transport documentation under the new Convention
PROFESSOR RICHARD WILLIAMS
Director of the Institute of International Shipping and Trade Law, Swansea University
JIML 14 [2008] 6 566

Electronic alternatives to transport documents and the new Convention: a framework for future development?
MIRIAM GOLDBY
School of Law, University of Surrey
JIML 14 [2008] 6 586

Delivery of the goods, rights of the controlling party and transfer of rights
PROFESSOR G J VAN DER ZIEL
Erasmus University, Rotterdam
JIML 14 [2008] 6 597

Jurisdiction and arbitration under the Rotterdam Rules
PROFESSOR YVONNE BAATZ
Institute of Maritime Law, University of Southampton
JIML 14 [2008] 6 608

Some general criticisms of the Rotterdam Rules
PROFESSOR WILLIAM TETLEY, C.M., Q.C.
McGill Law Faculty, McGill University, Montreal
JIML 14 [2008] 6 625

APPENDIX

63/122. United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea
Full text
JIML 14 [2008] 6 629

ISSUE 5

EDITORIAL

Bunker oil pollution - a new liability convention
RHIDIAN D THOMAS
JIML 14 [2008] 5 375

ARTICLES

Competition and the European Union Directive on Criminal Sanctions for Ship-source Pollution
JOSÉ-MANUEL MARTÍN OSANTE
Professor of Commercial Law, University of the Basque Country, Bilbao
JIML 14 [2008] 5 416

Compensation for oil pollution damage at sea: criminal court versus civil court -- a French perspective
PHILIPPE RAMES
Attorney at Law, Partner, Gide Loyrette Nouel A.A.R.P.I
ALEXANDRE JOB
i/>Attorney at Law, Partner, Gide Loyrette Nouel A.A.R.P.I
JIML 14 [2008] 5 409

At last: a convention on the removal of wrecks
CRAIG FORREST
Senior Lecturer, Marine and Shipping Law Unit, TC Beirne School of Law, University of Queensland, Australia
JIML 14 [2008] 5 394

ANALYSIS AND COMMENT

Marine insurance - fishing vessel - fire - constructive total loss - crewing warranty - construction - breach
Pratt v Aigaion Insurance Co SA
[2008] EWHC 489 QB (Admiralty Court)
JIML 14 [2008] 5 387

Quantifying salvage awars for salvage services in the nature of towage
The Voutakos
[2008] EWHC 1581(Comm); [2008] 2 Lloyd?s Rep 516
JIML 14 [2008] 5 389

NATIONAL REPORT

Oil pollution, liability and compensation in the Strait of Malacca
CAPTAIN RAKISH SUPPIAH
Centre for Ocean Law & Policy, Maritime Institute of Malaysia
CHERYL RITA KAUR
Centre for Maritime Security & Environment, Maritime Institute of Malaysia
JIML 14 [2008] 5 427

ISSUE 4

EDITORIAL

Both-to-blame collision clauses - another puzzle
RHIDIAN D THOMAS
JIML 14 [2008] 4 285

ARTICLES

Cooperation in maritime security and the sovereignty implications
ARMIN STEINBACH
Institute for European and International Law, University of Munich
JIML 14 [2008] 4 339

The United Kingdom and the UN Convention on Contracts for the International Sale of Goods (CISG): to ratify or not?
RICARDO S BORGES
University of Wales; Holborn College, London
JIML 14 [2008] 4 331

Defending the world below the brine: Managing alien invasive species under the 2004 Ballast Water Convention - A New Zealand perspective
KAREN N SCOTT
Senior Lecturer in Law, University of Canterbury, New Zealand
JIML 14 [2008] 4 307

ANALYSIS AND COMMENT

The Achilleas in the House of Lords : damages for late delivery of time chartered vessel
Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas)
[2008] UKHL 48
ROBERT GAY
Hill Dickinson, London
JIML 14 [2008] 4 295

Damages for loss of a fixture caused by a collision
The Vicky 1
[2008] EWCA Civ 101; [2008] 2 Lloyd?s Rep 45
JIML 14 [2008] 4 303

NATIONAL REPORTS

UNCITRAL Model Law on Electronic Commerce in relation to maritime operations in the Pearl River Delta, China
JIM-MI JIMMY NG
Assistant Professor, Department of Logistics, The Hong Kong Polytechnic University, Hong Kong
JIML 14 [2008] 4 346

ISSUE 3

EDITORIAL

And then there were the Rotterdam Rules
RHIDIAN D THOMAS
JIML 14 [2008] 3 189

ARTICLES

Third party rights of suit in contracts for the carriage fo goods by sea and the Contracts (Rights of Third Parties) Act 1999
DR AIKATERINI DEDOULI-LAZARAKI Lawyer, Member of the Athens Bar Association
JIML 14 [2008] 3 208

The legal basis for the application of the Uniform Customs and Practice for Documentary Credits (UCP) in England and Canada
RAMANDEEP KAUR CHHINA
University of Oxford
JIML 14 [2008] 3 228

European State Aid law and ports
DR VINCENT POWER
Partner, A&L Goodbody
JIML 14 [2008] 3 240

ANALYSIS AND COMMENT

Supreme Court rules punitive damages award excessive
Exxon Shipping Co.v. Baker
128 S. Ct. 2605 (2008)
THOMAS J. SCHOENBAUM, JD PHD
Research Professor of Law, George Washington University (USA). Professor of Graduate Studies, International Christian University (Japan)
JIML 14 [2008] 3 199

Liability insurance - condition precedent - breach - unequivocal conduct - waiver by election or estoppel
Kosmar Villa Holidays plc v. Trustees of Syndicate 1243
English Court of Appeal [2008] EWCA Civ 147
JIML 14 [2008] 3 202

The legal status of Lloyd's of London and its relevance to legal liabilities and remedies
Society of Lloyd?s v Henderson
[2007] EWCA Civ 930; [2008] Lloyd?s Rep IR 317
JIML 14 [2008] 3 205

NATIONAL REPORTS

Rule E(7) counter-security in teh US - a new trend in Rule B maritime attachments
MICHAEL J FREVOLA, ANGELIKI KAPPATOU, CHRISTOPHER R. NOLAN
Holland & Knight LLP
JIML 14 [2008] 3 260

Developments in Chinese Marine Insurance
PROFESSOR JINSONG ZHAO, SHOUJIE LIU
JIML 14 [2008] 3 264

ISSUE 2

EDITORIAL

What future for the bill of lading as a document of title?
DR REGINA ASARIOTIS
JIML 14 [2008] 2 75

ARTICLES

Maritime security and maritime law in Australia
PIERRE-JEAN BORDAHANDY
Lecturer, Faculty of Law, Uiniveristy of Adelaide, Australia
CRAIG FORREST
Lecturer, Marine and Shipping Law Unit, TC Bierne School of Law, University of Queensland, Australia
JIML 14 [2008] 2 162

Liability of the carrier under the Hague(Visby)Rules for cargo damage caused by unseaworthinesss of its containers
N J MARGETSON
University of Amsterdam
JIML 14 [2008] 2 153

Marine pollution from shipping activities
DR M N TSIMPLIS
Senior Lecturer, Institute of Maritime Law, Southampton University
JIML 14 [2008] 2 101

ANALYSIS AND COMMENT

European Convention on Human Rights - time charter trip - vessel and dangerous cargo - state seizure - breach of convention - remedies
Islamic Republic of Iran Shipping Lines v Turkey
(Application No 40998/98) Judgment of European Court of Human Rights, Strasbourg 13 December 2007
DR Z OYA OZCAYIR
Maritime Law consultant, Member of the IMO Roster of Experts
JIML 14 [2008] 2 85

Impact of changes in MARPOL regulations on cargo carrying capacity of tankers operating on Shelltime 4 form of charterparty
Golden Fleece Maritime Inc and Another v ST Shipping & Transport Inc (The Elli and The Frixos)
[2007] EWCA 1890 (Comm); [2008] 1 Lloyd's Rep 262
JIML 14 [2008] 2 95

ISSUE 1

EDITORIAL

SCOPIC agreement and time charter hire payable for detained vessel
JIML 14 [2008] 1 5

ARTICLES

Damages for late redelivery revisited: is The Achilleas decision bad law?
DR ALEKA MANDARAKA-SHEPPARD
Visiting Professor of Maritime Law, University College London, Founding Director, London Shipping Law Centre

JIML 14 [2008] 1 49

Whaling in Australian waters by the Japanese fleet: legal issues
DR MICHAEL WHITE QC
Adjunct Professor, University of Queensland
JIML 14 [2008] 1 41

Time and distance: the key to interpreting the Collision Regulations*
ULRICH JURGENS
Master Mariner, School of Law, University of Southampton
JIML 14 [2008] 1 19
*Notice of erratum
On p 31 of this issue the penultimate sentence should read: ?All the factors listed in Rule 6, and the additional factors in 18, should be taken into account when deciding on what speed is safe.?

ANALYSIS AND COMMENT

Fair and proper use of freezing orders
The Capaz Duckling
[2007] EWHC 1630 (Comm); [2008] 1 Lloyd?s Rep 54
JIML 14 [2008] 1 14

Enforcement of foreign judgment and arbital award at common law
ED & F Man Sugar Ltd v Lendoudis
[2007] EWHC 2268(Comm); [2008] 1 All ER 952
JIML 14 [2008] 1 17


Volume 13:
Top

ISSUE 6

EDITORIAL

The unwelcome return of the EU draft Civil Liability Directive?
PROFESSOR JASON CHUAH
JIML 13 [2007] 6 377

ARTICLES

The Nairobi Wreck Removal Convention
RICHARD SHAW
Senior Research Fellow, University of Southampton, Institute of Maritime Law
JIML 13 [2007] 6 429

The public law framework of ship-source oil pollution
DR JINGJING XU
Plymouth Business School, University of Plymouth
JIML 13 [2007] 6 416

An analysis of acceptance and deferred payment credits in civil and common law
THE HON JUSTICE JAMES ALLSOP
Federal Court of Australia, International Maritime Arbitration: Legal and Policy Issues
JIML 13 [2007] 6 398

ANALYSIS AND COMMENT

Time charterparty - salvage context - LOF 2999 and SCOPIC - unlawful detention by port authority - frustration of timecharter - relevant criteria
Edwinton Commercial Corporation and Another v Tsavliris Russ (Worldwide Salvage & Towage) Ltd (The Sea Angel)
[2007 EWCA Civ 547; [2007] 2 Lloyd's Rep 517
JIML 13 [2007] 6 388

Conditions precedent in insurance contracts
Kosmar Villa holidays plc v Trustees of Syndicate 1243
[2007] EWHC 358 (Comm)
JIML 13 [2007] 6 391

FOB contract - delivery period - narrowed to a laycan period - impact on delivery
ERG Raffinerie Mediterranee SPA v Chevron USA Inc (The Luxmar)
[2007] EWHC civ 494; [2007] 2 Lloyd's Rep 542
JIML 13 [2007] 6 395

JIML 13 [2007] 4 289

ISSUE 2

EDITORIAL

UCP 600 ? new challenges and issues

ARTICLES

Merchantman or quasi-warship?
R v Fogg and Secretary of State for Defence and Short
MICHAEL V WILLIAMS
Senior Lecturer in Law, University of Wolverhampton
JIML 13 [2007] 2 112

FORUM NON CONVENIENS ? U.S. LAW
Sinochem International Co., Ltd. v. Malaysia International Shipping Corp.
No. 06-102 (U.S. Supreme Court, March 5, 2007)
DENNIS L. BRYANT
JIML 13 [2007] 2 89

Insurance - loss by fire - misconduct
Michael David Stemson v AMP General Insurance (NZ) Ltd
(2006) UKPC 30; [2006] Lloyd's Rep I R 852
The Judicial Committee of the Privy Council
JIML 13 [2007] 2 90

NATIONAL REPORT

some procedural issues regarding claims against actual carrier under Chinese law XIA YUANJUN
Dalian Maritime University (DMU), China
JIML 13 [2007] 2 112

ISSUE 1

EDITORIAL

Changes to the P&I insurance system
JIML 13 [2007] 1 5

ISSUE 6

EDITORIAL

Demurrage ? losing sight of first principles
JIML 12 [2006] 6 363

ISSUE 3

ISSUE 2

ISSUE 1

Issue 6

Issue 5

Issue 4

Issue 3

Issue 2

Issue 1

Issue 6

ANALYSIS AND COMMENT

Issue 5

ANALYSIS AND COMMENT

Issue 4

ARTICLES
Insuring the risk of maritime piracy
PROFESSOR D RHIDIAN THOMAS
Director, Institute of International Shipping and Trade Law, University of Wales, Swansea
JIML 10 [2004] 4 355

Issue 3

ARTICLES
Is using a 'straight' bill of lading still straightforward? The decision in The Rafaela S
JAMES MARISSEN Ince & Co, London
JIML 10 [2004] 3 274

Issue 2

ARTICLES
Ports of refuge - the debate moves on
RICHARD SHAW University of Southampton Institute of Maritime Law; Titulary Member of CMI
JIML 10 [2004] 2 174

The CMI review of marine insurance: to rest on century-old laurels or to tread on hallowed ground?
PROFESSOR JOHN HARE University of Cape Town
JIML 10 [2004] 2 167

The road to Vancouver - the development of the York-Antwerp Rules
RICHARD CORNAH Fellow of the Association of Average Adjusters
JIML 10 [2004] 2 155

Scope of coverage under the UNCITRAL Draft Instrument
MICHAEL F STURLEY
Stanley D and Sandra J Rosenberg Centennial Professor, University of Texas Law School
JIML 10 [2004] 2 138

ANALYSIS AND COMMENT

Limitation of liability - London Convention 1976 - definition of charterer - right to limit - limitable claims - Articles 1(2) and 2(1)(a)
CMA CGM SA v Classica Shipping Co Ltd

Private international law - choice of law - Islamic law
Shamil Bank of Bahrain EC v Beximco and others

Marine insurance - duty of utmost good faith - misrepresentation - pre-contract - breach of warranty - fraudulent presentation of a claim
Eagle Star Insurance Co Ltd v Games Video Co SA and others (The Game Boy)

Jurisdiction - Brussels Jurisdiction Convention - lis pendens - application to jurisdiction agreements
Erich Gasser GmbH v Misat Srl

Jurisdiction - English anti-suit injunctions - compatibility with Brussels Jurisdiction Convention - opinion of Advocate General
Turner v Grovit

Issue 1

ARTICLES
Of inducement and non-disclosure in insurance contracts
Assicurazioni Generali SpA v Arab Insurance Group
[2003] Lloyd's Rep IR 131
HWEE-YING YEO
Associate Professor, Faculty of Law, National University of Singapore
JIML 10 [2004] 1 84

Jurisdictional issues connected with direct actions against P&I Clubs under Scandinavian and European law
SVANTE O JOHANSSON
Associate Professor at the School of Economics and Commercial Law, G?teborg University, and the Average Adjuster of Sweden
JIML 10 [2004] 1 71

Interpretation and Construction of the Hague, Hague/Visby and Hamburg
Rules
WILLIAM TETLEY QC
Professor of Law, McGill University, Distinguished Visiting Professor of Maritime and Commercial Law, Tulane University School of Law, and Counsel to Langlois Gaudreau O'Connor of Montreal
JIML 10 [2004] 1 30

ANALYSIS AND COMMENT

Ship mortgage - guarantee - arrest of mortgaged ship - duties of mortgagees - defences of guarantor The Tropical Reefer

FOB contract - laytime - opening of a letter of credit - condition of precedent - seller's duty to load
Kronos Worldwide Ltd v Sempra Oil Trading SARL

Reinsurance - duty of utmost good faith - pre-contract - materiality - inducement - waiver - affirmation
WISE Underwriting Agency Ltd and others v Grupo Nacional Provincial SA

Voyage charterparty - Asbatankvoy - FOB contract - delayed arrival - laytime/demurrage - charterer's obligation to provide cargo - exceptions
Triton Navigation Ltd v Vitol SA

Charterparty - broker's commission clause - direct action by broker - arbitration clause - broker party to the clause - Contracts (Rights of Third Parties ) Act 1999
Nisshin Shipping Co Ltd v Cleaves & Company Ltd and others

Issue 6

ARTICLES

INSURING MARINE RISKS ON 'LOST OR NOT LOST' TERMS
Professor D Rhidian Thomas Professor of Maritime Law and Director of the Institute of International Shipping and Trade Law, Department of Law, University of Wales, Swansea
JIML [2003] 9 556

THE LAW OF MARITIME LIENS AND CONFLICT OF LAWS
Dr P K Mukherjee ITF Professor of Maritime Safety and Environmental Protection, World Maritime University, Malm?, Sweden
JIML [2003] 9 545

THE 2003 PROTOCOL TO THE INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE 1992: ONE BRIDGE OVER SOME PARTICULARLY TROUBLED WATER
Elizabeth Blackburn QC
JIML [2003] 9 530

ANALYSIS AND COMMENT
CIF contract - inspection clause - certificate final and binding - construction of contract - implied terms
Exxonmobil Sales and Supply Corporation v Texaco Ltd (The Helene Knutsen)

C&F contract - validity of declaration of shipment - deeming validity - second
declaration excluded - conforming documents
P T Putrabali Adyamulia v Societe est Epices etc (The Intan 6V.360A SN)

Documentary credits and illegality in the underlying transaction
Mahonia Limited v J P Morgan Chase Bank

Oil pollution - contract regarding an interim supplement to tanker liability for oil pollution (Cristal) - exclusions - pollution damage
Caribbean Petroleum Corporation and General Electrical Capital Business Asset Funding Corporation v Cristal Ltd (The Morris J Berman)

Passenger liability - package holiday contracts
- the convention relating to the carriage of
passengers and their luggage by sea (Athens Convention) 1974 - time bar
Norfolk v My Travel Group plc

Bills of lading - incorporation of charterparty terms - exclusive jurisdiction clause -
principles of construction
Siboti K/S v B P France SA

Issue 5

ARTICLES

THE LEGAL UNDERPINNING OF E-COMMERCE IN MARITIME TRANSPORT BY THE UNCITRAL DRAFT INSTRUMENT ON THE CARRIAGE OF GOODS BY SEA.
Professor Gertjan van der Ziel
JIML [2003] 9 461

DELIVERY OF GOODS WITHOUT A BILL OF LADING: REVIVAL OF AN OLD PROBLEM IN THE FAR EAST
Professor Caslav Pejovic Professor of Law, Kyushu University, Japan
JIML [2003] 9 448

GENERAL AVERAGE AND THE YORK ANTWERP RULES; COMMON SAFETY AND OTHER CONSIDERATIONS
John Macdonald Macdonald Hebditch & Co
JIML [2003] 9 439

ANALYSIS AND COMMENT
Voyage charterparty - FIOST - responsibility for cargo work - bills of lading - Hague rules - Art III r.2
Jindal Iron & Steel Co Ltd and others v Islamic Solidarity Shipping Co, Jordan Inc and another (The Jordan II)

International freight forwarder - BIFA conditions - time limit - whether reasonable - UCTA 1977
Granville Oil & Chemicals Ltd v Davis Turner and Co Ltd

Insurance - pre-contractual duty of utmost good faith - material non-disclosure - right of avoidance
Brotherton & another v Aseguradora Colseguros SA and another

Towage - collision - contract between tug and tow - authority of terminal to contract on behalf of tug - ratification - construction of towage contract
Borkan General Trading v Monsoon Shipping Ltd (The Borvigilant and the Romina G)

Container terminal - damage to goods - liability of terminal as bailee - expert evidence - appeals on questions of fact
Coopers Payen Ltd and Sanwa Packaging Industry Co Ltd v Southampton Container Terminal Ltd

Issue 4

ARTICLES

THE DEVELOPMENT OF INTERNATIONAL LAW IN RELATION TO THE DUMPING AND DISPOSAL OF RADIOACTIVE WASTE AT SEA
Marianne Mackintosh University of Wales, Swansea
JIML [2003] 9 354

THE PRESTIGE: THE EUROPEAN UNION LEGAL DIMENSION
Dr Vincent Power and Denise Casey A & L Goodbody Solicitors, Dublin
JIML [2003] 9 342

ANALYSIS AND COMMENT
Hague-Visby rules - English carriage of goods by sea act 1971 - application - straight bills of lading J I MacWilliam Co Inc v Mediterranean Shipping Co SA (The Rafaela S)

Claim against liner conferences for damages for anti-competitive practices Yeheskel Arkin v Borchard Lines Ltd & Ors

Hague-Visby rules - time limit - incorporated into time charter - commencement - delivery of goods Trafigura Beheer BV v Golden Stavraetos Maritime inc

Personal injury - marine engineer - statutory regulation - liability - breach of statutory duty George Ziemniak v ETPM Deep Sea Limited

Insurance - goods in transit - institute cargo clauses - transit clause - effect of express typed clause Eurodale Manufacturing Ltd v Ecclesiastical Insurance Office plc

Issue 3

ARTICLES

A SURVEY OF THE NEW INTERNATIONAL HULL CLAUSES 2002
Dr Baris Soyer University of Wales, Swansea
JIML [2003] 9 256

PAYMENT OF CHARTERPARTY HIRE AND WITHDRAWAL - TREADING A FINE LINE
Ernest Tai Ming Yang Holman Fenwick & Willan, London
JIML [2003] 9 246

PHANTOM SHIP FRAUDS - DEFICIENCIES OF CONTEMPORARY CARGO INSURANCE PRACTICE
Susan Hodges Cardiff University
JIML [2003] 9 230

ANALYSIS AND COMMENT
Combined transport bills of lading - title to sue - holder of bills - bailment
on terms East West Corporation v DKBS 1912 and AKTS Scendborg; Utaniko Ltd v
P&O Nedlloyd BV

Documentary credit - principle of autonomy - derogation Sirius International Insurance Co Ltd v FAI General Insurance

Carriage of goods - bills of lading - Hague Rules - unauthorised deck
carriage - deviation - limitation of liability Daewoo Heavy Industries Ltd v Klopriver Shipping Ltd

Insurance - utmost good faith - breach - remedies - statement of truth clause
HIH Casualty and General Insurance Ltd and others v Chase Manhattan Bank and others

Commercial agency - national law - prior registration - validity - commercial agency directive Francesca Caprini v Conservatore Camera di Commercio, Industria,
Artigianato e Agricoltura (CCIAA)

Oil pollution - damages for economic loss Alegrete Shipping Co Inc and another v International Oil Pollution Compensation Fund 1971 and others (The Sea Empress)

Salvage - harbour tugs - LOF - remuneration - assessment The Star Maria

COLLISION AVOIDANCE: LAW OR SEAMANSHIP? A MARINER'S VIEW
David Thomas Master Mariner
JIML [2003] 9 137

THE MARINE INSURANCE CONTRACT AND ASSIGNMENT UNDER THE ENGLISH MARINE INSURANCE ACT 1906
Dr Tania Macdonald University of Westminster
JIML [2003] 9 123

DEFINING THE AMBIT OF ARTICLE OF 111 r.8 OF THE HAGUE RULES:OBLIGATIONS AND EXCEPTIONS CLAUSES
Simon Baughen University of Bristol
JIML [2003] 9 115

ANALYSIS AND COMMENT
Commodity forward contract and regulated investment business
CR Sugar Trading Ltd v China National Sugar & Alcohol Group Corp
International commercial arbitration - reinsurance - privacy/confidentiality - issue estoppel
Associated Electric & Gas Insurance Services Ltd v European Reinsurance Company of Zurich
Marine Insurance - institute clauses - war and strikes cover - infringement of customs regulation exclusion - causation
Sunport Shipping Ltd and Others v Tryg-Baltica International (UK) Ltd ( formerly known as Colonia Baltica Insurance Ltd) and Ors ( The Kleovoulos of Rhodes)
Time charter - arbitration - appeal - war cancellation clause - juridical basis
CMA CGM SA v Beteiligungs-Kommanditgesellschaft MS 'Northern Pioneer'
Schiffahrtgesellschaft mbH & Co & Ors
JIML [2003] 9 103-122

SHIPPING AND THE FIGHT AGAINST TERRORISM ?
The Cadwallader Memorial Lecture
John D Kimball Healy & Baillie, LLP (NY)
Frank Wall CMG Department for Transport (London)
JIML [2003] 9 65

THE HIMALAYA CLAUSE ? REVISITED
Professor William Tetley QC Professor of Law, McGill University
JIML [2003] 9 40

A CONFLICT OF CONVENTIONS:
THE UNCITRAL/CMI DRAFT TRANSPORT INSTRUMENT ON YOUR DOORSTEP
Professor Malcolm Clarke Professor of Law, University of Cambridge
JIML [2003] 9 28

ANALYSIS AND COMMENT

Documentary sanctity in international trade
R (Greenpeace Limited) v Secretary of State for the Environment, Food and Rural
Affairs
Documentary credit arrangement
Standard Chartered Bank v (1) Pakistan National Shipping Corp
Marine Insurance ? cargo ? duration of cover
Bayview Motors Ltd v Mitsui Marine & Fire Insurance Co Ltd & Ors
Re-arrest of ships - The Clarabelle
Salvage ? voluntariness and assessment of award ? The Mbashi
Salvage ? contract of hire in aid of salvage ? common mistake
Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (The Great Peace)
JIML [2003] 9 15

Published Articles
and
Reviews of contemporary legal developments

REPAIRED AND UNREPAIRED DAMAGE: A HISTORY OF JUDICIAL FAILURE? (OR HOW I LEARNED TO START WORRYING AND DISLIKE THE ?ion 69 POSITION)
The amount claimable by a shipowner from his insurers in respect of damage to his vessel is governed by ?ion 69 of the Marine Insurance Act, 1906. The author examines a number of cases involving claims for unrepaired damage and suggests that ?ion 69(1) is not limited to repairs effected during the currency of the cover. He concludes by offering a new clause to replace the current unrepaired damage clause.
Stephen B Goodacre
Int.M.L. 8[2001] 10 336

THE OVERARCHING DUTY OF GOOD FAITH IN INSURANCE CONTRACTS: WHERE DOES THE BUCK STOP?
Dr Aleka Mandaraka-Sheppard Senior lecturer in law, Head of the shipping Law Unit,UCL, Founder member of the London Shipping Law Centre
Insurance litigation over the past 20 years has involved repeated examination of the scope and application of any post-contractual duty of good faith. The opdacity of the relevant principles is matched only by the stringency of the sanctions assigned. Recent clarification of aspects of these principles has been influenced by this stringency, particularly in the context of ?ion 17.
Int.M.L. 8[2001] 10 327

E-COMMERCE AND ELECTRONIC TRANSPORT DOCUMENTS
David B Sharpe Partner, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, Louisiana; John W Richardson Consultant; Ake Nilson Allagraf Ltd
Int.M.L. 8[2001] 10 299

PROTECTING MARITIME MILITARY REMAINS: A NEW REGIME FOR THE UNITED KINGDOM
The Consultation Document published by the Ministry of Defence in February 2001 heralded a radical new policy for the administration of the Protection of Military Remains Act 1986. The author discusses the implications of the regulatory regime for maritime military remains and considers its implications for salvors and commercial seabed operators.
Michael Williams Senior Lecturer in Law, University of Wolverhampton
Int.M.L. 8[2001] 10 288

FUTURE TRENDS IN MARINE INSURANCE: REFORM OF WARRANTY LAW
This article illustrates the difficulty of achieving a consensus on the reform of English marine insurance law by referring in detail to the law on warranties, an area of law that has attracted frequent calls for reform.
Nicholas Legh-Jones QC 20 Essex Street Chambers
Int.M.L. 8[2001] 10 283

FRAUDULENT CLAIMS UNDER MARINE POLICIES
Following his article in issue (Int.M.L. 8 [2001] 6 191), the author reviews the key judgment of the Court of Appeal in Konstantinos Agapitos and Another v Ian Charles Agnew and Others (The 'Aegeon')which provides guidance in relation to the definition of the concept of a fraudulent claim and places fraudulent claims in the appropriate legal context.
Dr Baris Soyer Institute of International Shipping and Trade Law, University of Wales, Swansea
Int.M.L. 8 [2001] 8 258

BILLS OF LADING IN THE STATE OF ISRAEL AND UNDER THE INFLUENCE OF JEWISH CULTURE
The State of Israel has not as yet enacted a law governing contracts for the carriage of goods by sea. This article considers how the founding principles of Israeli basic law support such contracts and especially the transferable nature of the carriage contract found in the bill of lading.
Natalie Campbell Ely Place Chambers
Int.M.L. 8 [2001] 8 251

GENERAL AVERAGE: MODERN PROBLEMS OF PRACTICE AND THEORY
The author distinguishes a number of practical and theoretical problems relating to general average, in particular those which are concerned with achieving reductions in time and cost. He suggests that it is a tribute to the skills of the adjusting profession that few of the areas of doubt actually end up in the courts.
John Macdonald Average Adjuster and Maritime Arbitrator Macdonald Hebditch & Co
Int.M.L. 8 [2001] 7 223

INSURING THE COSTS OF LITIGATION WHILE IT IS IN PROGRESS
In considering the subject of insuring the costs of litigation while it is in progress from a market perspective the author reveals from his experience at Charles Taylor Consulting the role of the Standard P & I and Defence Clubs.
Paul Sheppard Head of Defence, Charles Taylor Consulting
Int.M.L. 8 [2001] 6 199

POST CONTRACTUAL DUTY OF UTMOST GOOD FAITH IN MARINE INSURANCE CONTRACTS: A NEW PERSPECTIVE FOR THE NEW MILLENNIUM
There have been numerous debates as to the nature and scope of the post-contactual duty of utmost good faith in marine insurance. This article aims to specify the limits of this doctrine in the light of recent case law.
Dr Baris Soyer Institute of International Shipping and Trade Law, University of Wales, Swansea
Int.M.L. 8 [2001] 6 191

MARITIME E-COMMERCE IN THE UNITED STATES
There are both beneifits and risks in e-commerce. The question David Sharpe addresses is whether technology-based e-commerce solutions can solve old economy problems or reduce old economy risks without introducing unacceptable new economy risks.
David B Sharpe Partner, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, Louisiana
Int.M.L. 8 [2001] 5 160

THE ROLE OF PORT STATE CONTROL
This article offers a comprehensive review of the regional and US systems of Port State Control, including MOUs and international instruments, and ranging from the failure of the flag state control in the 'San Marco' case to the measures taken by the IMO following the 'Erica' incident.
Dr Z. Oya ?z?ayir Maritime Law Consultant, Izmir Law Bar, Turkey
Int.M.L. 8 [2001] 5 147

ARBITRATION OR LITIGATION? WHAT'S THE DIFFERENCE?
The authors set out the main practical differences between arbitration and litigation in England and Wales as procedures for resolving civil disputes, following the introduction of the Arbitration Act 1966 and the Civil Procedure Rules 1999.
Bernard Eder QC and Dominic O'Sullivan, Essex Court Chambers
Int.M.L. 8 [2001] 4 107

THE LEGAL STATUS OF INTERNATIONAL FREIGHT FORWARDERS IN CHINA
The author outlines the problems surrounding the definition of freight forwarders and goes on to explain the legal liabilities of freight forwarders under Chinese law.
Ping Guo Visiting Research Scholar, Institute of Maritime Law, University of Southampton
Int.M.L. 8 [2001] 2/3 63

RISK MANAGEMENT, E-COMMERCE AND MARITIME FRAUD: THE INVESTIGATOR'S PERSPECTIVE
To date there has been no publicised case of e-commerce crime in the shipping industry, and it does not appear that the electronic environment has increased the potential for fraud. However there are many ways of tapping in to specialist knowledge and precaution is essential.
Adam Dupr? Managing Director, MRC Business Information Group, Oxford
Int.M.L. 8 [2001] 2/3 59

SINK OR SHELTER? - A QUESTION OF COLLECTIVE RESPONSIBILITY IN SHIP SAFETY
The Fourth Annual Cadwallader Memorial Lecture at The London Shipping Law Centre The three papers presented and subsequent discussion offer some ideas on how to improve the present situation in maritime safety, and address in particular the problem of a safe haven for ships in trouble.
Willem de Ruiter Head of the Maritime Safety Division for the European Commission
Frank Wall Head of Shipping 3 Division, DTLR
F. Michael Everard FT Everard & Sons
Int.M.L. 8 [2001] 2/3 47

RISKS OF LITIGATION: CONDITIONAL FEE AGREEMENTS
The author demonstrates the complexity of the scheme of conditional fee agreements and some of the problems associated with them, and raises the question as to whether such agreements are likely to be a major factor in the marine litigation market.
Michael Donithorn Holman Fenwick & Willan
Int.M.L. 8 [2001] 1 10

APPORTIONMENT OF RISK AND THE CARRIAGE OF DANGEROUS CARGO
In considering the obligations of the shipper and shipowner in respect of the carriage of dangerous cargo, the authors assess how satisfactorily English law currently apportions the risk between carriers, shippers and third parties.
Simon Baughen University of Bristol
Natalie Campbell Barrister, Royal Yachting Association
Int.M.L. 8 [2001] 1 3

Review of Contemporary Legal Developments

Compensation for ship-source oil pollution damage - the recent case Tilbury & Sons (Devon) Ltd v Alegrete Shipping Co Inc. EWHC [2002] 1095 (Admiralty).
Int.M.L. 8 [2001] 10 348

Insuring salvage contributions - insuring Charterers' liabilities under open cover
Int.M.L. 8 [2001] 9 311

Freezing Orders - (Mareva Injunctions): Inter-Club NYPE Agreement: a question of invocation
Int.M.L. 8 [2001] 8 247

Valued policies - brokers' liabilities for reinsurance placements - conclusive evidence clauses
Int.M.L. 8 [2001] 7 233

Conclusive evidence clauses in international sales
Int.M.L. 8 [2001] 6 201

Bills of Lading - the position of holders and intermediate holders under the English Carriage of Goods by Sea Act 1992: the 'Berge Sisar'
Int.M.L. 8 [2001] 5 165

Jack-up rigs, ships and taxation
Int.M.L. 8 [2001] 4 116

Marine insurance: post contract good faith
Int.M.L. 8 [2001] 71

Admiralty jurisdiction The 'Nore Challenger'; time charters The 'Hill Harmony'
Int.M.L. 8 [2001] 17

DISPOSAL OF MEDICAL WASTE FROM SHIPS IN US WATERS
The author reviews the regulations relating to these items, emphasising the unique provisions that apply in some aspects.
Dennis L. Bryant, Haight Gardner Holland & Knight, LLP, Washington DC
Int.M.L. 7 [2000] 9/10 310

POLLUTION FROM VESSELS IN FINLAND
The author outlines the current legal position in Finland regarding the prevention of and liability for pollution from vessels.
Professor Peter Wetterstein Dr. Jur., Abo Akademi University, Finland
Int.M.L. 7 [2000] 9/10 303

THE ACCOUNTABILITY OF CLASSIFICATION SOCIETIES: THE ROLE OF CLASSIFICATION AND MARKET-ORIENTATED AND POLICY ISSUES (THE 'ERICA')
Classification Societies are held accountable as much as other professional service suppliers, if not more so, and the author outlines the important distinction between accountability and liability and voices concerns that increasing frequency of claims may affect maritime and environmental safety.
Jim Harrison Group Legal Director, Lloyd's Register of Shipping
Int.M.L. 7 [2000] 9/10 299

THE LEGAL IMPLICATIONS OF DETENTIONS AND THE REMEDIES AVAILABLE TO A SHIPOWNER FOLLOWING DETENTION
The financial and legal implications of a detention order imposed by a Port State on a charterparty, marine insurance and a MOA: the powers of a Port State Control Officer, and how they are used, are examined in the context of control of ship safety world wide.
Paul Rodgers Master Mariner/Principal Solicitor, Rodgers & Co, London
Int.M.L. 7 [2000] 9/10 287

TONNAGE TAX: A NEW BEGINNING?
The author offers an overview of the tonnage tax regime in the United Kingdom and its advantages, and considers its likely impact on British shipping, particularly in terms of maritime training and jobs for British seafarers.
Mark Brownrigg Director of Policy, The Chamber of Shipping
Int.M.L. 7 [2000] 8 264

THE ISM CODE: IS IT WORKING?
Phil Anderson sets out his arguments on whether the ISM Code is working, suggesting that there is insufficient evidence to provide a definite answer. He concludes that there needs to be a new culture of safety in which Masters and seafarers can confidently report problems in good time.
Phil Anderson Master Mariner, Vice-President, The Nautical Institute
Int.M.L. 7 [2000] 8 259

THE 'ERIKA' AND ITS AFTERMATH
Dr Z. Oya ?z?ayir Maritime Law Consultant, Izmir Law Bar, Turkey
Int.M.L. 7 [2000] 7 230

THE EUROPEAN COMMISSION AND THE SHIPPING INDUSTRY: THE THIRD CADWALLADER MEMORIAL LECTURE
Georgette Lalis, Director of Maritime Transport for the European Commission, Brussels
Int.M.L. 7 [2000] 7 215

COMMENTS ON THE CHINESE MARITIME PROCEDURE LAW
The Maritime Procedure Law of the People's Republic of China came into force on 1 July 2000. This article outlines the main features of the law, which covers all maritime litigation procedures as well as procedures in some quasi-judicial actions, some of them peculiar to the Chinese maritime courts.
Feng Li Qi Shang Hai University, China
Int.M.L. 7 [2000] 6 196

THE INTERNATIONAL SHIPPING LAW OF THE TWENTIETH CENTURY UNDER PRESSURE
The Comit? Maritime International has long been advocating the need for international uniformity of shipping law. This article examines the shortcomings of treaty-based shipping law and asks whether countries will feel a need to rely to a greater extent on national legislation in order to mitigate the unsatisfactory consequences of international shipping law conventions.
Erling Selvig Scandinavian Institute of Maritime Law, Oslo
Int.M.L. 7 [2000] 6 190

ARREST OF VESSELS IN FINLAND
The author outlines the current legal position in Finland regarding the arrest of vessels.
Dr Peter Wetterstein Abo Akademi University, Finland
Int.M.L. 7 [2000] 6 183

'WAR GRAVES' AND SALVAGE: MURKY WATERS?
This article examines the legal regime relating to wrecks of Crown vessels and other warships and evaluates the policy adopted by the MOD in respect of such wrecks.
Michael Williams Senior Lecturer in Law, University of Wolverhampton
Int.M.L. 7 [2000] 5 151

ONE COUNTRY - TWO SYSTEMS: A COMPARISON OF SOME ASPECTS OF MARITIME PROCEDURAL LAW IN THE PEOPL'S REPUBLIC OF CHINA AND HONG KONG
The maritime procedural law of Mainland China does not apply to Hong Kong, so a foreign vessel may be subject to different legal systems within the territorial waters of the PRC. This article discusses some of the similarities and differences of the maritime procedural laws of Mainland China and Hong Kong.
Lainjun Li and Sam Tsui Sinclair Roche and Temperley, Hong Kong
Int.M.L. 7 [2000] 5 138

SAVING THE COMMON ADVENTURE
The author examines the interrelation of the York-Antwerp Rules and the statutory insurance background of the Marine Insurance Act of 1906. He argues that there needs to be a set of rules setting out what is recoverable in general average in a port of refuge and concludes that it is time to adopt a regime which removes doubt as to whether the shipowner's and cargo-owner's insurance cover properly complements whatever allowances are permissible in general average under the contractg of carriage.
Stephen B Goodacre
Int.M.L. 7 [2000] 5 131

FLAGS OF CONVENIENCE AND THE NEED FOR INTERNATIONAL CO-OPERATION: A VIEW FROM THE BOSPHORUS
The author reviews the campaign started more than fifty years ago by the ITF against the open registries in the context of the many developments during that time concerned with safety, marine pollution prevention, and port state control and concludes that while the flags of convenience system continues to exist opponents of the system will have to find a different solution.
Dr Z Oya ?z?ayir Maritime Law Consultant, Izmir Law Bar, Turkey
Int.M.L. 7 [2000] 4 111

SALVAGE: LOF 2000
Salvage: a summary of the new Lloyd's Form of Salvage Agreement (LOF 2000) and its incorporated provisions, reproduced here to accompany the article.
Michael Buckley Waltons & Morse
Int.M.L. 7 [2000] 4 99

MARINE INSURANCE OF SMALL CRAFT: A CASE OF LACK OF DUE DILIGENCE?
The author considers the precise implications for marine insurance of the Unfair Terms in Consumer Contracts Regulations 1994, and the possible non-compliance with the Regulations of due diligence provisos in small craft marine insurance policies.
Paul Fletcher-Tomenius University of Wolverhampton
Int.M.L. 7 [2000] 3 63

ANTI-SUIT INJUNCTIONS - CURSE OR PRIVILEGE?
The author examines four categories of anti-suit injunctions, and concludes that the principle formulated by Lord Goff in Airbus v Patel should, with some exceptions, be capable of application uniformly to all cases. If English courts were less robust in granting anti-suit injunctions in breach of contract cases, judicial comity might operate reciprocally, so an anti-suit injunction might not be regarded as a curse.
Dr Aleka Madaraka-Sheppard, Director, London Shipping Law Centre, University College London
Int.M.L. 7 [2000] 2 27

CROSS-LIABILITIES PROVISIONS: A YAWNING CHASM FOR HULL UNDERWRITERS?
Stephen B. Goodacre explores a quirk of English law and marine insurance policy drafting.
Stephen B. Goodacre
Int.M.L. 7 [2000] 2 36

THE CIVIL JUSTICE REFORM, ITS IMPACT ON MARITIME LEGISLATION, THE MARITIME INDUSTRY AND LONDON. THE SECOND CADWALLADER MEMORIAL LECTURE
The application of the Civil Procedure Rules to marine litigation in London was discussed by Lord Justice Clarke and Mr Justice Rix in the Second Cadwallader Memorial Lecture. This text is an abstract of their key points.
Int.M.L. 7 [2000] 1 3

SALVAGE IN THE NETHERLANDS: THEORY AND PRACTICE IN 2000
The number of salvage incidents in the Dutch part of the North Sea is steadily declining. This article discusses the effects of the London 1989 Salvage Convention and concludes that although it was expected to improve awards in the Dutch courts, the Convention has in fact had little influence on them to date.
Michiel van Leeuwen Boonk Van Leeuwen, Rotterdam
Int.M.L. 7 [2000] 1 8

THE CALIFORNIA BALLAST WATER MANAGEMENT PROGRAMME
The author reviews the applicability of the mandatory ballast water management programme which the state of California has introduced for ships arriving from outside the US Exclusive Economic Zone. He also considers its requirements and its relationship to federal and international programmes.
Dennis L. Bryant, Haight Gardner Holland and Knight, Washington DC
Int.M.L. 7 [2000] 1 12

THE ATHENS CONVENTION, TONNAGE LIMITATION AND PACKAGE LIMITATION FOLLOWING THE TRANSFER OF SOVEREIGNTY OF HONG KONG AND MACAU TO THE PEOPLE'S REPUBLIC OF CHINA
Paul Hatzer Holman Fenwick & Willan, Hong Kong
Int.M.L. 6 [1999] 10 279

BUGS - OF THE MILLENNIUM KIND?
Richard Williams Ince & Co, London
Int.M.L. 6 [1999] 10 273

A DIVING OR SALVAGE OPERATION? ROVS AND THE PROTECTION OF WRECKS ACT 1973
Paul Fletcher-Tomenius and Michael Williams University of Wolverhampton
Int.M.L. 6 [1999] 10 270

THE EPA AND THE OCEAN DUMPING ACT
Dennis L. Bryant Holland and Knight LLP
Int.M.L. 6 [1999] 10 267

SALVAGE AND THE ENVIRONMENT
Peter Wetterstein Abo Akademi University, Finland
Int.M.L. 6 [1999] 9 244

THE MARINE EQUIPMENT DIRECTIVE
Majorie Holmes Davies Arnold Cooper, London
Int.M.L. 6 [1999] 9 242

THE MEXICAN LAW OF NAVIGATION
Walter Pinedo and Lucia F Lopez J W Pinedo & Associados, Mexico
Int.M.L. 6 [1999] 9 239

THE MV 'SAIGA' CASES BEFORE THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA
Hartmut von Brevern and Leopold von Carlowitz Rechtsanwalte Rohreka Boye Reme von Werder
Int.M.L. 6 [1999] 8 207

TONNAGE TAX PROPOSALS
Nigel Ready Cheesewrights, Notaries Public, London
Int.M.L. 6 [1999] 8 205

THREE SOUTH AFRICAN ARREST CASES: THE 'HEAVY METAL', THE 'SNOW DELTA' AND THE 'ARENA'
Shane Dwyer and Jill Mcleod, Shepstone and Wylie, Durban
Int.M.L. 6 [1999] 8 202

THE NVOCC BILL OF LADING IN DUTCH LAW
Michiel Van Leeuwen Boonk Van Leeuwen, Rotterdam
Int.M.L. 6 [1999] 8 199

NEW REGULATIONS AMENDED COGSA FROM 1 JULY 1998
Ebsworth & Ebsworth, Sydney
Int.M.L. 6 [1999] 7 153

US COAST GUARD Y2K RISK ASSESMENT POLICY
Dennis L. Bryant Haight Gardner Holland & Knight, Washington DC
Int.M.L. 6 [1999] 7 146

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