Published: November 2022
This book identifies and examines the legal challenges facing the shipping industry and ship management today.
It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods.
The book will be a useful resource for academics and practising lawyers working in shipping and maritime law.
Table of Contents
Introduction: Maritime Management, Organisation and Liability
Stephen Girvin National University of Singapore, and Vibe Ulfbeck, University of Copenhagen, Denmark
MANAGEMENT AND ORGANISATION OF SHIPPING ENTERPRISES: PUBLIC AND PRIVATE LAW FRAMEWORK
1. Nationality Requirements – Flag State Rules from an International Law Perspective
Yoshifumi Tanaka, University of Copenhagen, Denmark
2. Nationality Requirements – Implications for Shipping Enterprises
Stephen Girvin, National University of Singapore
3. Private International Law Strategies in Ship Management and Crewing Arrangements
Paul Myburgh, National University of Singapore
SUSTAINABILITY PERSPECTIVES ON MANAGEMENT AND ORGANISATION IN SHIPPING
4. Maritime Value Chains and Liability for Work Injuries
Vibe Ulfbeck, University of Copenhagen, Denmark
5. Sustainable Shipping: The New Governance Approach to Ship Recycling
Carola Glinski, University of Copenhagen, Denmark
CHALLENGES IN SHIPPING MANAGEMENT AND ORGANISATION STEMMING FROM THE FINANCIAL MARKET
6. Ship Arrest and the Hanjin Bankruptcy: Lessons for Ship Management
Jingchen Xu, National University of Singapore
7. Ship Arrest and Insolvency Proceedings: A European Perspective
Ulrik Rammeskow Bang-Pedersen, University of Copenhagen, Denmark
MANAGEMENT AND ORGANISATION IN A DIGITALISED MARITIME SECTOR
8. Surrender, Release, and Digital PIN Codes
Michiel Spanjaart, National University of Singapore
9. Electronic Bills of Lading, Blockchain, and Distributed Ledger Technology (DLT)
Stephen Girvin, National University of Singapore, and Elson Ong, National University of Singapore
10. Webportals and Data Sharing by Ocean Carriers
Víctor Chacón, National University of Singapore
MANAGEMENT AND ORGANISATION: AUTONOMOUS SHIPPING
11. Autonomous Ships and Hull and Machinery Marine Insurance
Luci Carey, National University of Singapore
12. On the Carriage of Goods on Autonomous, Remotely Controlled, Crewed and Uncrewed Ships
Mikis Tsimplis, City University, Hong Kong
