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Highlights
Journal of International Maritime Law - Volume 26 Issue 6- 2020
EDITORIAL
Third party claims against P&I Clubs in the UK
ANALYSIS OF CASES AND CONTEMPORARY DEVELOPMENTS
Applicable test of standard of care for injuries sustained abroad during shore activities under the EU Package Holiday Directive – Kellett v RCL Cruises & Ors
KATE LEWINS
Kellett v RCL Cruises & Ors [2019] IEHC 408 (Barr J), [2020] IECA 138 (Noonan J, Haughton J, Collins J)
ARTICLES
Compensation for pure economic loss resulting from tanker oil spills (part I)
MÅNS JACOBSSON
Former Director of the International Oil Pollution Compensation Funds
Compensation claims for pure economic loss under the CLC/Fund regime are subject to interpretation by the IOPC Funds and the courts of oil pollution damage from tanker spills.
Onus Probandi under the Hague-Visby Rules Article III.1 sea cargo claims: did The Volcafe alter the structure?
DAVID GIBBS-KNELLER
School of Law, University of East Anglia
The author argues that The Volcafe alters the burden of proof structure as between carrier and cargo interest, and that common law does dictate a standard requirement on the legal burden of proof under Article III.1. That requirement is on the carrier.
Force majeure clauses in New York Maritime Arbitration and ICC Rules
TAMARA ESSAYYAD
Member New York Bar, Consultant World Bank Group
Should force majeure still be considered a defence to non-performance in international maritime arbitration or is it due for amendment, given the high threshold necessary, modern challenges and the unpredictability of maritime tribunals?
NATIONAL AND REGIONAL REPORTS
China’s role in the Intergovernmental Conference on marine biodiversity in areas beyond national jurisdiction and ‘The Community of Shared Destiny for Humankind’
XU JOHN ZHANG
Clayton Utz, Melbourne
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 2021. 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