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Highlights
Journal of International Maritime Law - Volume 26 Issue 5 - 2020
EDITORIAL
The Nave Andromeda: at the crossroads of the complex legal problems caused by stowaways
The Nave Andromeda incident (25 October 2020) – stowaways – refused port entry by French and Spanish authorities – complex boarding exercise at sea – legal problems and port state responsibilities – IMO should revisit soft law, non-binding guidelines.
HENNING JESSEN,
GEORGE THEOCHARIDIS
ANALYSIS OF CASES AND
CONTEMPORARY DEVELOPMENTS
Damages in addition to demurrage – The Eternal Bliss
JONAS ATMAZ AL-SIBAIE,
JUSTIN JUN XIANG TAN
K-Line PTE Ltd v Priminds Shipping (HK) Co Ltd
(The Eternal Bliss)
[2020] EWHC 2373 (Comm)
Cargo insurance across time zones
Swashplate Pty Ltd v Liberty Mutual Insurance Co
(Trading as Liberty International Underwriters)
[2020] FCA 14, [2020] Lloyd’s Rep IR 322
ARTICLES
Elusive carriers, time bars and salvation through arbitration
Identifying the correct carrier to sue is a perennial problem. Three recent cases graphically illustrate the pitfalls, exacerbated by stringent time bars which, however, judicial referral to arbitration can extend.
PAUL MYBURGH
Deputy Director, Centre for Maritime Law,
Faculty of Law, National University of Singapore
Sailing in all winds: extraterritorial regulation as a trigger for self-regulatory practices in the shipping industry
MAXIM USYNIN
CEPRI, Faculty of Law, University of Copenhagen
Transport documents and the Hague-Visby Rules: dealing with the scope of application of the Rules
The author examines the problems associated with applying the Hague-Visby Rules to a contract of carriage by sea where a bill of lading is, or is not, to be issued, with reference to The Maersk Tangier (2018).
PAULA BÄCKDÉN
Advokatfirman Vinge
NATIONAL AND REGIONAL REPORTS
Does the digital leviathan spell the end of fair competition in the shipping industry?
The author asks if the US and EU legal competition frameworks are suited to deal with digital cooperation initiatives on logistics solutions and examines the collaboration among five of the world’s biggest carriers in the Digital Container Shipping Association Agreement and the TradeLens Agreement.
AUGUST J BRAAKMAN
Advocate, Rotterdam, the Netherlands
CONTEMPORARY ISSUES IN LAW
CALL FOR PAPERS:
2 special issues: Access to maternity services and care during Covid-19 and Children’s consent to treatment: Time for a new approach?
Children’s consent to treatment: Time for a new approach?
Puberty blockers, gender identity services, and children’s consent.
The deadline for papers is 30th June 2020. 10,000 words maximum (excluding footnotes).
Please email submissions to cil@lawtext.co.uk For the attention
of Dr Lougarre and Dr Hammond-Browning
The Covid-19 crisis has impacted healthcare in a myriad of
ways, forcing us to rethink how issues such as resources, access to routine
services, and measures to protect public health interact with the law. In this call for papers, we are seeking
articles that consider legal issues related to access to maternity
services/care during the pandemic. According to the World Health Organization,
adequate maternity care includes antenatal care (e.g. access to abortion,
access to check-ups during the pregnancy); delivery care (e.g. access to
emergency obstetric services); and postpartum care (e.g. access to services
detecting and treating infection or postpartum depression). Considering the
impact of the COVID-19 pandemic on maternity services more broadly (e.g.
separation of mothers and newborns in hospital, access to surrogacy services,
access to fertility services), we encourage authors to view this topic broadly,
in all its complexity.
Children’s consent to treatment: Time for a new approach?
Puberty blockers, gender identity services, and children’s consent.
In this call for papers, we are seeking articles that
consider the recent High Court decision Bell & Anor v The Tavistock and
Portman NHS Trust [2020] EWHC 3274 (Admin). In this decision, the High
Court decided that children under 16 were unlikely to be sufficiently competent
to provide consent towards the use of puberty blocking medication, however, it
impacts our understanding of children’s consent to treatment in a wider
context. As such, we welcome papers that consider the implications of the High
Court’s decision, as well as papers that look more broadly at children’s
consent to treatment.
The deadline for papers is 30th June 2020. 10,000
words maximum (excluding footnotes).
Please email submissions to cil@lawtext.co.uk For the attention
of Dr Lougarre and Dr Hammond-Browning
The Contaminated Blood Scandal
In the 1970s and 1980s, thousands of people with haemophilia were infected with Hepatitis C and the HIV virus after receiving contaminated blood products through the NHS. Patients were given products that had been imported from the United States, where paid donors included individuals from high-risk groups. A public inquiry into the contaminated blood scandal commenced in April 2019, and is expected to hear evidence from affected patients, families, healthcare professionals and other experts.
The Editors of Contemporary Issues in Law invite submissions that explore the topic of the contaminated blood inquiry. These can draw on any related legal or ethical aspect (for example, criminal negligence, compensation, liability).
Papers should be 8,000-10,000 words (including footnotes)
Submission deadline: Ongoing
Submissions should be emailed to cil@lawtext.com