This book applies a contract-governance theory to the implementation of decarbonisation objectives in the international maritime sector. In doing so, it provides an overview of how the network of contractual relationships that characterise commercial shipping can become effective sites of collaboration between shipping actors to improve upon energy efficiency and CO2 reduction. To achieve this aim, the book investigates and develops a set of contractual tools that can enable private actors to strengthen their commitments to net-zero targets (whether state-mandated or voluntary) and develop cooperative norms to guide decision-making and contractual interpretation. These mechanisms include contractual clauses and drafting considerations which can secure a desired outcome for contractual performance, thereby managing climate risks and providing adequate remedy where such risks materialise. In a transnational sector such as shipping, where contracts can exert greater influence on corporate decarbonisation efforts than international regulation, the book challenges the traditional limitations of contract law and calls for a deeper integration of green principles into private relationships.
This book presents theory-driven discussion on the link between implementing green shipping practices (GSP) and shipping firm performance. It examines the shipping industry’s challenge of supporting economic growth while enhancing environmental performance. Consisting of nine chapters, the book covers topics such as the conceptualization of green shipping practices(GSPs), measurement scales for evaluating GSP implementation, greening capability, greening and performance relativity (GPR), green management practice, and green shipping network. In view of the increasing quest for environment protection in the shipping sector, this book provides a good reference for firms to understand and evaluate their capability in carrying out green operations on their shipping activities.
This is the leading text on shipbuilding and marine construction, already widely used on a global basis by shipowners, shipbuilders and their commercial and legal advisers. It is now ten years since the last edition and much has changed in the world of shipbuilding since then, particularly in the period since 2008 which has seen numerous attempts by owners to renegotiate the prices and/or delivery dates of tonnage and an enormous increase in the level of “vessel rejection” and cancellation disputes. The Law of Shipbuilding Contracts examines the principles of English contract law as these apply to shipbuilding. This edition comments in detail upon the Shipbuilders’ Association of Japan Form but now contrasts this with the NEWBUILDCON from BIMCO in 2007 and the China Maritime Arbitration Commission Forms from 2011 where these are significantly different. It also includes sections dealing with agreements ancillary to the shipbuilding contract and conversion contracts. Overview of book: Since the last edition in 2002, China has become a major global exporter of newbuildings and new BIMCO shipbuilding contract form has been published. Although retaining the original format of commentary on the Japanese (SAJ) standard form shipbuilding contract, the new edition contrasts this with the BIMCO form and the recently published China Maritime Arbitration Commission (CMAC) form in order to provide a broad ranging analysis of this complex subject. The book details the principles of English contract law as these apply to international shipbuilding. It will, as in the previous editions, also include sections dealing with the guarantees and other agreements which support the shipbuilding contract and with ship conversion contracts Essential reading for: - Purchasers and charterers of newbuilding tonnage - Shipbuilders and offshore construction yards - Lawyers and insurers working in the maritime and offshore oil and gas sectors - Banks and other finance providers
The EU Commission has set the goal of facilitating a competitive transport system, increasing mobility and supporting growth while simultaneously reaching a target of 60 per cent emissions reductions by 2050. In light of past performance and estimated development, the target will not be reached without further behavioural change in the transport sector. This interdisciplinary book examines how such a behavioural shift can be achieved by various organizational and legal means, focusing primarily on the European Union and its specific policies related to greening transport.
This book explores the private law implementation of the new international and EU regulatory framework targeting decarbonisation in the shipping industry. Compared with other sectors, the shipping industry has traditionally been labelled a 'slow mover' concerning the sustainability agenda. However, new regulatory measures on carbon reduction both internationally and in the EU require fundamentally new developments in the industry. This book focuses on the goal of carbon reduction from a private law perspective and considers how the new regulatory framework can be implemented in the shipping industry. This book studies existing contractual provisions in charterparties and bills of lading alongside new contractual model clauses designed to facilitate carbon reduction. It considers how the new clauses should be interpreted, whether they will transform traditional shipping contracts into more collaborative contracts, and how they will interact with other clauses in the contract and with other contracts in the supply chain. The contractual analysis is considered in context, reflecting on enforcement issues, such as Port State Control (PSC), the Poseidon Principles, and climate change litigation. The book also analyses the related topic of shipping contracts for carbon storage as a necessary means of meeting carbon reduction targets. The book is intended to pave the way for understanding how core shipping contracts can work in this new context and the extent to which the new types of clauses will profoundly transform contracts. It presents contributions by experienced and younger academics and practitioners from Asian, European and Scandinavian legal systems.
International shipping is currently at a crossroads. The decision of the International Maritime Organization (IMO) in April 2018 to adopt an Initial Strategy so as to achieve by 2050 a reduction of at least 50% in maritime greenhouse gas (GHG) emissions vis-à-vis 2008 levels epitomizes the last among a series of recent developments as regards sustainable shipping. It also sets the scene on what may happen in the future. Even though many experts and industry circles believe that the IMO decision is in line with the COP21 climate change agreement in Paris in 2015, others disagree, either on the ground that the target is not ambitious enough, or on the ground that no clear pathway to reach the target is currently visible. This book takes a cross-disciplinary view of the various dimensions of the maritime transportation sustainability problem. “Cross-disciplinary” means that a variety of angles are used to examine the book topics, and these mainly include the technological angle, the economics angle, the logistics angle, and the environmental angle. The book reviews models that can be used to evaluate decisions, policy alternatives and trade-offs. For sustainable shipping, a spectrum of technical, logistics-based and market based measures are being contemplated. All may have important side-effects as regards the economics and logistics of the maritime supply chain, including ports and hinterland connections. The objective to attain an acceptable environmental performance, while at the same time respecting traditional economic performance criteria so that shipping remains viable, is and is likely to be a central goal for both industry and policy-makers in the years ahead. At the same time, policy fragmentation is likely to create distortions of competition and sub-optimal solutions. This book attempts to address these issues and identify better solutions. Sustainable Shipping: A Cross-Disciplinary View includes chapters that cover many relevant topics. These include a general view of maritime transport sustainability, green ship technologies, information and communication technologies (ICTs) for sustainable shipping, green tramp ship routing and scheduling, green liner network design and speed optimization. Market based measures, oil pollution, ship recycling, sulphur emissions, ballast water management, alternative fuels and green ports are also covered. The book concludes by discussing prospects for the future, with a focus on the IMO Initial Strategy. "This book contains a unique wealth of information on sustainable shipping. The knowledge it provides is rigorous, complete, and well supported by statistics, technical reports, and scientific references. The treatment of the various topics is not only informative but also analytical and critical." —Gilbert Laporte, Maritime Economics & Logistics (12 May, 2020)
Problem Definition: We study the strategic interactions between a supplier and a retailer under demand uncertainty when the supplier has two options for how to ship a product: (i) road transport, which is expensive, high-emission and flexible, and (ii) rail transport, which is cheap, green, and is constrained by a minimum transport quantity (MTQ). Academic / Practical Relevance: Rail transport has been regarded as one of the most practical ways to increase supply chain sustainability. However, the volume shifted from road to rail has remained modest during the last decades. One of the reasons is that rail transport lacks flexibility in its delivery quantity and often requires an MTQ. Methodology: The supplier and the policymaker prefer rail transport because of the advantages of low cost and low emission. However, the shipment quantity, which is determined by the retailer, may not reach the MTQ. The supplier and the policymaker can design incentives (contracts and emission tax) to encourage the use of rail transport. In this work, we build a game-theoretic model for this setting and investigate the impact of the MTQ on the economic and environmental performance of the supply chain and the effect of a tax on emissions. Results: We find that, although MTQ is operationally constraining and can lead to overproduction, it can be turned into a beneficial factor through proper decisions, which would lead to several merits as follows. (1) The MTQ can significantly improve the efficiency of simple supply chain contracts (e.g., price-only contracts). (2) The MTQ does not hurt the efficiency of coordinating contracts (e.g., buy-back contracts) and can increase the supplier's Pareto-optimal profit. (3) The MTQ can enable coordinating contracts to achieve a higher supply chain profit and fewer total emissions simultaneously, which is not possible without the MTQ. Moreover, we show that, although it can lead to fewer total emissions, an emission tax is more likely to be ineffective in encouraging the use of the green transport mode when firms use coordinating contracts compared to price-only contracts. Managerial Implications: We provide suggestions to firms on how to make optimal decisions and make the best use of different transport modes when dealing with demand risk. Also, we provide suggestions to policymakers on how to design the proper emission tax to promote green logistics.
This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 11th International Colloquium, held at Swansea Law School in September 2015. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding international sale and carriage contracts. The book is set out in three parts: Part I offers a detailed and critical analysis on emerging issues and unresolved questions in international sales and the carriage contracts affected to facilitate such sales. Part II critically and thoroughly analyses the legal issues that often arise in the context of security over goods, letters of credit and similar documents. Part III is dedicated to a critical and up-to-date discussion on matters concerning cargo insurance in this context. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in international trade and carriage of goods.
Port Economics, Management and Policy provides a comprehensive analysis of the contemporary port industry, showing how ports are organized to serve the global economy and support regional and local development. Structured in eight sections plus an introduction and epilog, this textbook examines a wide range of seaport topics, covering maritime shipping and international trade, port terminals, port governance, port competition, port policy and much more. Key features of the book include: Multidisciplinary perspective, drawing on economics, geography, management science and engineering Multisector analysis including containers, bulk, break-bulk and the cruise industry Focus on the latest industry trends, such as supply chain management, automation, digitalization and sustainability Benefitting from the authors’ extensive involvement in shaping the port sector across five continents, this text provides students and scholars with a valuable resource on ports and maritime transport systems. Practitioners and policymakers can also use this as an essential guide towards better port management and governance.
Fully updated and revised, the only modern work on the law of towage and offshore vessel services, comprising a comprehensive account of the general law coupled with a detailed clause-by-clause commentary and analysis of the major standard contracts used in the international offshore, towage and heavylift sectors, including the BIMCO Towcon, Towhire, Supplytime and Heavylift forms. The Law of Tug and Tow and Offshore Contracts has rapidly established itself as a leading text and is written by, Simon Rainey QC, one of the foremost shipping practitioners with unrivalled experience in the field. Key reasons to buy The Law of Tug and Tow and Offshore Contracts, Third Edition • the only clause-by-clause commentary on all of the major standard form contracts used by the offshore industry • the only in-depth analysis of the drafting history of the BIMCO standard form offshore contract, comparing the recent amended versions in their drafting context; • the only authoritative analysis of the case law and arbitration decisions affecting the towage and offshore industries • written from the perspective of a leading practitioner with unrivalled practical experience over many years of the contract forms and of the issues which arise under them (many of which are unreported) and involved in almost all of the leading cases in the field • written with an eye on the practicalities of how the contracts work given the everyday problems which arise in the industry, with guidance where the standard forms may require amendment
