Journal articles: 'Shipping law'

1

Haberbeck, Andreas, and Mark Galloway. "Saudi Shipping Law." Arab Law Quarterly 7, no. 3 (1992): 209. http://dx.doi.org/10.2307/3381769.

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2

Legros, Cécile. "Interpreting International Shipping Law with EU Soft Law Instruments." European Journal of Commercial Contract Law 7, no. 1 (June 29, 2015): 32–38. http://dx.doi.org/10.7590/187714615x14328875962546.

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3

Tettenborn, Andrew. "Good Faith, the DCFR and Shipping Law." European Journal of Commercial Contract Law 7, no. 1 (June 29, 2015): 67–76. http://dx.doi.org/10.7590/187714615x14328875962744.

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4

S.H., M.H, Syukri Hidayatullah,. "Kedudukan Hukum Hipotek Kapal Laut Dalam Hukum Jaminan Dan Penetapan Hipotek Kapal Laut Sebagai Jaminan Perikatan." Yuriska : Jurnal Ilmiah Hukum 7, no. 2 (October 17, 2017): 130. http://dx.doi.org/10.24903/yrs.v7i2.142.

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Given the importance of the position of fund's credit in the development process, it has been supposed to be the giver and the recipient of the credit and other related parties are protected through a rights institutions, strong guarantee and also be able to provide legal certainty for all parties concerned in the various sectors of the trade of Indonesia, including the shipping sector. To encourage the shipping industry, the Government has undertaken various legal actions including through deregulation in the field of sea transport issued Law No. 17 in 2008 about voyage, the President’s Instruction Number 5 in 2005 concerning Empowerment National Shipping Industry and the regulation of President No. 44 in 2005 about ratification of the International Convention on Maritime Receivable and Mortgage with this ratification, particularly the field of shipping, the Indonesian shipping industry may participate empower and strengthen national and international efforts to prepare Legislation in the draft of Law on the Maritime Claim Prior and Mortgages on Ships. The regulations of ship mortgage, among others, are still adopting colonial rule both the Book of the Law of Civil Law (Civil Code) and the Book of the Law of Commercial Law (Commercial code) and Indonesia legislation, namely Law No. 17 in 2008 about Shipping. Regarding the distribution of these regulations will be further discussed in Chapter II.

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5

MATSUMOTO, Isamu. "EU Common Shipping Policy and EU Competition Law." EC studies in Japan 1995, no. 15 (1995): 65–83. http://dx.doi.org/10.5135/eusj1981.1995.15_65.

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6

Dick, Howard. "THE 2008 SHIPPING LAW: DEREGULATION OR RE-REGULATION?" Bulletin of Indonesian Economic Studies 44, no. 3 (November 6, 2008): 383–406. http://dx.doi.org/10.1080/00074910802395336.

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7

Abrahamsson, Bernhard J. "The law of the sea convention and shipping." Political Geography Quarterly 5, no. 1 (January 1986): 13–17. http://dx.doi.org/10.1016/0260-9827(86)90005-4.

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8

Chen, Shun, Shiyuan Zheng, and Hilde Meersman. "Testing for the burst of bubbles in dry bulk shipping market using log periodic power law model." Maritime Business Review 3, no. 2 (June 18, 2018): 128–44. http://dx.doi.org/10.1108/mabr-12-2017-0033.

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Purpose The occurrence and unpredictability of speculative bubbles on financial markets, and their accompanying crashes, have confounded economists and economic historians worldwide. The purpose of this paper is to diagnose and detect the bursting of shipping bubbles ex ante, and to qualify the patterns of shipping price dynamics and the bubble mechanics, so that appropriate counter measures can be taken in advance to reduce side effects arising from bubbles. Design/methodology/approach Log periodic power law (LPPL) model, developed in the past decade, is used to detect large market falls or “crashes” through modeling of the shipping price dynamics on a selection of three historical shipping bubbles over the period of 1985 to 2016. The method is based on a nonlinear least squares estimation that yields predictions of the most probable time of the regime switching. Findings It could be concluded that predictions by the LPPL model are quite dependent on the time at which they are conducted. Interestingly, the LPPL model could have predicted the substantial fall in the Baltic Dry Index during the recent global downturn, but not all crashes in the past. It is also found that the key ingredient that sets off an unsustainable growth process for shipping prices is the positive feedback. When the positive feedback starts, the burst of bubbles in shipping would be influenced by both endogenous and exogenous factors, which are crucial for the advanced warning of the market conversion. Originality/value The LPPL model has been first applied into the dry bulk shipping market to test a couple of shipping bubbles. The authors not only assess the predictability and robustness of the LPPL model but also expand the understanding of the model and explain patterns of shipping price dynamics and bubble mechanics.

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9

Faber, Diana. "Shipping documents and EDI." International Review of Law, Computers & Technology 6, no. 1 (January 1992): 73–83. http://dx.doi.org/10.1080/13600869.1992.9966326.

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10

Pohan, Chairil Anwar. "MEREVIU BASIS PEMAJAKAN PERUSAHAAN PELAYARAN NASIONAL BERDASARKAN “DEEMED PROFIT” ATAS PENGHASILAN DARI USAHA ANGKUTAN LAUT." Transparansi Jurnal Ilmiah Ilmu Administrasi 8, no. 2 (March 6, 2018): 112–40. http://dx.doi.org/10.31334/trans.v8i2.66.

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Since Legislative Assembly approved Law No. 7 of 1983 on Income Tax, as last amended by the Law No. 36 of 2008 (so there are four time changes, namely by the Law No. 7 of 1991, then No. 10 of 1994, furthermore No. 17 of 2000 and the last No. 36 of 2008), but the base of the domestic and overseas shipping company taxation which apply Special Calculation Norm of Net Income (deemed profit) for the national and overseas shipping companies taxpayers with the application of Article 15 of the Income Tax (Final Tax) did not change either in the tax rates and the tax bases, whereas the corporate tax rate (Article 17 paragraph 1) has changed from the Law No. 7 of 1983 with progressive rates levying at the rate of 10% -35% with the last change to a flat rate of 25% in the Law No. 36 of 2008. Similarly, the Tax Base used appear to have been unreasonable to overseas shipping Net Income amounted to 6%. Tax Base which reflects the rate of return the company is used as a base taxation income tax shipping company seems too low, compared with the rate of profit (net profit after tax) obtained by shipping companies at home and abroad. These conditions certainly result in low tax revenue from the shipping sector, and on the other aspects of the fulfillment of tax fairness rules also disrupted due to the shipping company suffered a loss nonetheless pay a final tax (VAT Article 15).

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11

Damachi *, B. B., and Yang Zhaosheng. "The Nigerian shipping industry and indigenous shipping companies." Maritime Policy & Management 32, no. 1 (January 2005): 31–38. http://dx.doi.org/10.1080/0308883042000326120.

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12

Wang, Dong-Hua. "Ocean shipping deregulation restructures the liner shipping industry." Maritime Policy & Management 41, no. 1 (May 3, 2013): 97–111. http://dx.doi.org/10.1080/03088839.2013.780312.

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13

Chircop, Aldo. "Book Review: Shipping Law, International Trade Law, International Trade Law Statutes and Conventions 2011–2013." International Journal of Maritime History 25, no. 1 (June 2013): 383–86. http://dx.doi.org/10.1177/084387141302500150.

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14

Ahn, Young-Gyun. "A Study on the Trade Law Conformity of Shipping Industry Support Policies in Major Shipping Countries." Korean Academy Of International Commerce 36, no. 2 (June 30, 2021): 183–202. http://dx.doi.org/10.18104/kaic.2021.36.2.183.

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15

Grunawalt (Hrsg.), Richard J. "The Law of Naval Warfare: Targeting Enemy Merchant Shipping." Verfassung in Recht und Übersee 28, no. 4 (1995): 566–68. http://dx.doi.org/10.5771/0506-7286-1995-4-566.

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16

Goss, Richard. "Social responsibility in shipping." Marine Policy 32, no. 1 (January 2008): 142–46. http://dx.doi.org/10.1016/j.marpol.2007.04.012.

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17

Larkin, Alice, Tristan Smith, and Paul Wrobel. "Shipping in changing climates." Marine Policy 75 (January 2017): 188–90. http://dx.doi.org/10.1016/j.marpol.2016.05.033.

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18

Rothwell, Donald R. "Arctic Ocean Shipping." Brill Research Perspectives in the Law of the Sea 1, no. 3 (December 26, 2017): 1–88. http://dx.doi.org/10.1163/24519359-12340103.

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AbstractArctic Ocean shipping is on the brink of becoming a critical legal, geopolitical and security issue as a result of the impacts of climate change and increased interest in the Arctic Ocean from States that traditionally did not operate within the region. The law of the sea throughunclosprovides the key legal framework for the regulation of Arctic Ocean shipping, supplemented and extended by relatedimoconventions and national laws and regulations. This framework has been relied upon by the two major North American Arctic States – Canada and the United States – to develop the legal regime for the Northwest Passage and the Bering Strait. There have been historic disagreements between Canada and the United States with respect to the Northwest Passage, and while not resolved they have to date been managed through legal and political responses. Other straits may become more strategically significant as a result of climate change, including Nares Strait between Canada and Greenland.eezand high seas Arctic Ocean navigation by foreign flagged vessels also needs to be anticipated. Multiple issues are raised with respect to maritime security and the adequacy of the existing legal regime, including how Canada and the United States will respond to interest being expressed in Arctic shipping by Asian States such as China.

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19

Mou, Naixia, Yanxin Xie, Tengfei Yang, Hengcai Zhang, and Yoo Ri Kim. "The Impact of Slumping Oil Price on the Situation of Tanker Shipping along the Maritime Silk Road." Sustainability 11, no. 17 (September 3, 2019): 4796. http://dx.doi.org/10.3390/su11174796.

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Nearly 70% of the world’s maritime crude oil transportation relies on the Maritime Silk Road (MSR). In order to deeply explore the impact of slumping oil price on the shipping situation of tanker along the MSR, this paper establishes the relationship between monthly ship and oil price through Autoregressive Distributed Lag model. Distributions of cargo flow before and after the oil price slumped are compared to explore the changing law of tanker shipping situation. The study finds: (1) The correlation between the cargo flow situation of the tanker seaborne export and oil price, where the export cargo flow correlation is stronger than that of the import cargo flow. (2) The MSR tanker shipping situation is lagging (3 months) behind the impact of oil price. The lag effect in Europe, North Asia and East Asia is strong while that in Southeast Asia and South Asia is weak. (3) After the oil price slumped, the tanker shipping cargo flow increased less during the crude oil export stage, and the increase in the crude oil shipping trade after the transfer period was larger. The research results can provide a scientific basis for improving the decision-making ability of the crude oil shipping market and formulating maritime operations management measures.

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20

Ghanem, Isam Muhammad. "Zaydi Scholastics in Yemeni Commercial & Shipping Disputes." Arab Law Quarterly 6, no. 2 (1991): 227. http://dx.doi.org/10.2307/3381840.

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21

Eyre, John L. "Shipping and government." Maritime Policy & Management 23, no. 4 (January 1996): 411–12. http://dx.doi.org/10.1080/03088839600000099.

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22

Gunnarsson, Björn, and Arild Moe. "Ten Years of International Shipping on the Northern Sea Route: Trends and Challenges." Arctic Review on Law and Politics 12 (2021): 4. http://dx.doi.org/10.23865/arctic.v12.2614.

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Analysis of detailed statistics shows remarkable fluctuations in the volume and composition of voyages on the Northern Sea Route (NSR) along the northern coast of Russia since international use began in 2010. There has been strong growth in destination shipping between the Arctic and ports outside the region, but transit shipping between the Pacific and the Atlantic has not experienced the growth many had anticipated. Explanations are found in international market conditions as well as in the management of the NSR, with important lessons for the future development of different shipping segments. Shipping companies from several countries took part in the period up to 2019, but they seem to have become less central in the current phase of NSR shipping, which is dominated by the transport of hydrocarbons out of the Arctic. Russia expects international transit to pick up later. However, Russia alone cannot determine the volume of international traffic: it is the international shipping industry that will assess the balance of factors and conditions, and conclude if and when the shorter Arctic routes are safe, efficient, reliable, environmentally sound and economically viable in comparison with other routes.

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23

Celik Girgin, Sinem, Thanasis Karlis, and Okan Duru. "Valuation mismatch and shipping q indicator for shipping asset management." Maritime Policy & Management 47, no. 1 (October 17, 2019): 109–26. http://dx.doi.org/10.1080/03088839.2019.1675196.

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24

Halladay, John. "Transfield Shipping Inc v Mercator Shipping Inc (The “Achilleas”) [2008] 2 Lloyd's Rep 275." Denning Law Journal 21, no. 1 (November 26, 2012): 173–79. http://dx.doi.org/10.5750/dlj.v21i1.350.

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REMOTENESS OF CONTRACTUAL DAMAGESOn 9 July 2008, the House of Lords handed down its decision in Transfield Shipping Inc v Mercator Shipping Inc (The “Achilleas”).1 Overturning a series of lower decisions, the House of Lords unanimously decided to restrict the damages available for the breach of a charterparty caused by the late re-delivery of the ship. The case will undoubtedly be important for those in the shipping industry, but will also be important for the development of the doctrine of remoteness of damages in contract law.

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25

King, John. "The security of merchant shipping." Marine Policy 29, no. 3 (May 2005): 235–45. http://dx.doi.org/10.1016/j.marpol.2004.04.006.

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26

Hayashi, M. "Toward the Elimination of Substandard Shipping: The Report of the International Commission on Shipping." International Journal of Marine and Coastal Law 16, no. 3 (September 1, 2001): 501–13. http://dx.doi.org/10.1163/15718080120493146.

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27

Hayashi, Moritaka. "Toward the Elimination of Substandard Shipping: The Report of the International Commission on Shipping." International Journal of Marine and Coastal Law 16, no. 3 (2001): 501–13. http://dx.doi.org/10.1163/157180801x00180.

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AbstractDespite efforts made by governments and international organizations like IMO to tighten regulatory measures, substandard ships and shipping-related practices continue to flourish. Serious ship accidents continue to occur and reports on abuse of seafarers are on the rise as the industry becomes more and more competitive and crews become increasingly multinational. The independent four-member International Commission on Shipping has conducted an in-depth study of the current practices of governments and shipping industry in the light of existing international rules and standards, and presented its findings with a number of recommendations to improve the situation. This article summarises the highlights of the Commission's report focusing mainly on those issues which are related to legal and institutional aspects.

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28

Sahoo, Satya. "Shipping business unwrapped: illusion, bias and fallacy in the shipping business." WMU Journal of Maritime Affairs 19, no. 3 (August 31, 2020): 393–96. http://dx.doi.org/10.1007/s13437-020-00216-w.

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29

Liu, Nengye. "China’s Role in the Changing Governance of Arctic Shipping." Yearbook of Polar Law Online 6, no. 1 (March 11, 2014): 545–58. http://dx.doi.org/10.1163/1876-8814_019.

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This paper explores the role that China could play in the development of an effective international legal system for the governance of Arctic shipping. The first part describes the current international legal regime applicable to shipping activities in the Arctic. The second assesses China’s relations with the United Nations Convention on the Law of the Sea (UNCLOS), the International Maritime Organization (IMO) and the Arctic Council. China’s potential contribution to the governance of Arctic shipping is addressed in the final part.

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30

Kraska, James. "The Northern Canada Vessel Traffic Services Zone Regulations (Nordreg) and the Law of the Sea." International Journal of Marine and Coastal Law 30, no. 2 (May 25, 2015): 225–54. http://dx.doi.org/10.1163/15718085-12341349.

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This article explores the nature of Canada’s laws and regulations governing the Northern Canada Vessel Services Zone Regulations (nordreg) within the context of the international law of the sea. It provides context for the response to nordreg by the United States, and forecasts the impact of nordreg on future shipping regulations in the Arctic Ocean more generally. As Arctic nations develop shipping regulations, Canadian statutes—and their intersection with the international law of the sea and the rules adopted by the International Maritime Organization—are instructive for ensuring safety and security in the unique marine polar environment.

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31

Faber, Diana. "Shipping documents and electronic data interchange." Information & Communications Technology Law 2, no. 1 (January 1993): 21–34. http://dx.doi.org/10.1080/13600834.1993.9965666.

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32

Munari, Francesco. "Vincent Power, EU Shipping Law, 3rd Edition (Abingdon, U.K.: Informa Law / Routledge, 2019), 1,842 pp." Ocean Yearbook Online 35, no. 1 (July 20, 2021): 706–10. http://dx.doi.org/10.1163/22116001-03501033.

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33

Sundaram, Jae. "Transfield Shipping Inc v Mercator Shipping Inc The Achilleas [2007] 2 Lloyds Rep 555." Denning Law Journal 20, no. 1 (November 23, 2012): 187–95. http://dx.doi.org/10.5750/dlj.v20i1.331.

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IS THE COURT OF APPEAL DECISION IN THE ACHILLEAS GOOD LAW?In September 2007 the Court of Appeal upheld the decision of the Commercial Court in Transfield Shipping Inc v Mercator Shipping Inc The Achilleas. The case relates to the assessment of damages where late redelivery under a time charterparty causes the vessel to miss the cancellation date for the next fixture. The Commercial Court had earlier held that where a time charterparty had no unusual provisions or features and the time charterer fails to redeliver the vessel in time for its next fixture, leading to a loss of profit in the next fixture, the shipowner’s claim for damages based on that loss of profits against the redelivering charterer was not too remote, being a not “unlikely result” of late redelivery. This decision had come as a surprise to the shipping industry, especially amongst charterers.

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34

McLellan, Rogan. "Liner shipping development trends." Maritime Policy & Management 33, no. 5 (December 2006): 519–25. http://dx.doi.org/10.1080/03088830601020752.

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35

Goss, Richard. "Sense and Shipping Policies." Maritime Policy & Management 14, no. 2 (January 1987): 83–97. http://dx.doi.org/10.1080/03088838700000012.

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36

Eyre, John L. "Container shipping in 1990†." Maritime Policy & Management 14, no. 4 (January 1987): 271–78. http://dx.doi.org/10.1080/03088838700000040.

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37

Veiga, Jaime L. "Safety culture in shipping." WMU Journal of Maritime Affairs 1, no. 1 (April 2002): 17–31. http://dx.doi.org/10.1007/bf03195023.

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38

Kaps, Hermann. "Quality shipping — incentives, disincentives." WMU Journal of Maritime Affairs 3, no. 1 (April 2004): 85–97. http://dx.doi.org/10.1007/bf03195051.

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39

Lennep, W. Hudig-van. "Shipping — Property Rights Determined by the law of the Flag State." Netherlands International Law Review 38, no. 03 (December 1991): 392. http://dx.doi.org/10.1017/s0165070x00005611.

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40

Marlow, Peter B. "Shipping and investment incentives: a trilogy†Part 2. Investment incentives for shipping." Maritime Policy & Management 18, no. 3 (January 1991): 201–16. http://dx.doi.org/10.1080/03088839100000023.

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41

Sun, Zhen. "Closing Gaps of Fuel Use Regulation of Arctic Shipping." International Journal of Marine and Coastal Law 35, no. 3 (August 3, 2020): 570–95. http://dx.doi.org/10.1163/15718085-bja10026.

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Abstract Evidence-based forecasting and estimation indicate that Arctic shipping will grow in volume and diversify over the coming years, and associated challenges need to be met without compromising too much either the growing demand for shipping or the sustainability of the Arctic environment. Various initiatives have been put forward by the shipping industry, States and international regulatory bodies to reduce the negative impact of the use of marine fuels on the marine environment in the Arctic. This article examines the current regulatory regime concerning use of marine fuels in the Arctic; discusses how to apply legal principles and approaches to close regulatory gaps and harmonise existing efforts to prevent, reduce and control marine pollution from fuel use; and analyses the underlining architecture for designing a regulatory regime, from a technical perspective, for the use of marine fuels by Arctic shipping.

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42

Chircop, Aldo. "The Growth of International Shipping in the Arctic: Is a Regulatory Review Timely?" International Journal of Marine and Coastal Law 24, no. 2 (2009): 355–80. http://dx.doi.org/10.1163/157180809x421699.

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AbstractThis article is set against the backdrop of the fundamental physical change in the Arctic and the prospect of increased international shipping, including prospects for new international maritime routes through that region. The multiple levels of governance bearing on Arctic shipping and the need for a review of international maritime rules and standards to facilitate their application to future Arctic navigation are discussed. It is concluded that regional cooperation, inclusion of non-Arctic States in shipping governance, and a uniform set of rules and standards for ship safety and marine environmental protection are needed.

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43

Anyanova, Ekaterina. "The changing role of classification societies in international shipping practice." International Journal of Private Law 1, no. 3/4 (2008): 358. http://dx.doi.org/10.1504/ijpl.2008.021235.

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44

Glassner, Martin Ira. "The law of the sea and international shipping: AngloSoviet post-UNCLOS." Political Geography Quarterly 10, no. 1 (January 1991): 76. http://dx.doi.org/10.1016/0260-9827(91)90027-r.

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45

Chang, Yen-Chiang, Bin Xu, and Shuo Li. "The Impact of “Belt and Road Initiative” on Japanese Shipping Law." Coastal Management 49, no. 3 (March 23, 2021): 233–49. http://dx.doi.org/10.1080/08920753.2021.1899901.

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46

Leigh, Monroe. "Chaser Shipping Co. v. United States." American Journal of International Law 81, no. 2 (April 1987): 419–22. http://dx.doi.org/10.2307/2202416.

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47

Shi, Yubing. "Greenhouse Gas Emissions from International Shipping: The Response from China’s Shipping Industry to the Regulatory Initiatives of the International Maritime Organization." International Journal of Marine and Coastal Law 29, no. 1 (March 19, 2014): 77–115. http://dx.doi.org/10.1163/15718085-12341303.

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Abstract The International Maritime Organization (imo) received its mandate to regulate shipping greenhouse gas (ghg) emissions from the Kyoto Protocol. However, the imo Convention and the un Convention on the Law of the Sea also provide it with competence in this area. In exercising its mandate, the imo has developed regulatory initiatives. China’s shipping industry is playing a growing role in the international shipping market, and its response to these initiatives will have a substantial effect on the future application of these regulations. This article analyses the ghg mandate of the imo, examines the main outcomes achieved within the organization on this issue, and assesses the response from China’s shipping industry to this issue. It concludes that the interests of the shipping industries from developing countries will need to be taken into account in the development of regulatory efforts if a consensus is to be achieved in the global reduction of ghg emissions from ships.

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48

Chiu, Rong-Her. "The liberalization of shipping in Taiwan." Marine Policy 31, no. 3 (May 2007): 258–65. http://dx.doi.org/10.1016/j.marpol.2006.08.002.

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49

Molenaar, Erik Jaap. "Coastal State Regulation of International Shipping." International Journal of Marine and Coastal Law 22, no. 1 (2007): 183–86. http://dx.doi.org/10.1163/157180807781475236.

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50

Jin, Hai, and Orestis Schinas. "Ownership of Assets in Chinese Shipping Funds." International Journal of Financial Studies 7, no. 4 (November 22, 2019): 69. http://dx.doi.org/10.3390/ijfs7040069.

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As the importance of Chinese financial schemes in maritime business increases, and many issues on the ownership of the assets under the current Law remain obscured for international investors, this work argues that a streamlining to international practice is required; therefore, the ownership of the trust property under the shipping fund in China should be transferred to the trustee from the client. The trustee shall possess, employ, benefit, and dispose the trust property in his/her own name, which links up with China’s current property legislation, ship registration, and ship arrest regulations. The trust property under the shipping fund in China is independent of the fixed property or other management property of the trustee, the beneficiary, and the custodian. This gives full play to functional advantages of the trust system of the shipping fund, contributes to the expansion of financing channels in the shipping industry in China, guarantees the specialization and flexibility of shipping investment activities and the diversity of the investment subject, promotes development of China’s policies about the shipping industry and financial innovation, and boosts the realization of “The Strategy of National Revitalization Based on Marine Industry Development” and “The Belt and Road Initiatives” and construction of Shanghai International Shipping Center and International Finance Center.

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Journal articles on the topic 'Shipping law'

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