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.
Muu info
Focuses on the goal of carbon reduction from a private law perspective to explore how a new regulatory framework can be implemented in the shipping industry.
1. Introduction, Vibe Ulfbeck (University of Copenhagen, Denmark) and
Stephen Girvin (National University of Singapore)
Part I: International Dimension
2. MARPOL to Contracts: Can Contract Law Support Green Shipping? Michael
Tsimplis (City University of Hong Kong)
3. CII Clauses in Charterparties, Stephen Girvin (National University of
Singapore)
4. EEXI: Navigating the New Regulation and its Implications for Time
Charterparties, Malthe Hersom Kløft (Bech Bruun Law Firm, Denmark) and Sophia
Hong Van Anh Cai (Accura Law Firm, Denmark)
Part II: EU Dimension
5. Mapping the EU ETS for Shipping: Functional, Geographical, and Personal
Dimensions, Ellen Johanne Eftestøl (Norwegian Business School)
6. Shipping and the EU Emissions Trading Scheme and Maritime Transport: Its
Effect on Shipping Contracts, Simon Baughen (Swansea University, UK)
7. Contracts for Carbon Trading: Trading EU Allowances under the ETS, Andreas
Oxholm (Hafnia Law Firm, Denmark)
8. Carbon Clauses and Spill-over Effects on Bills of Lading and the Supply
Chain, Vibe Ulfbeck (University of Copenhagen, Denmark)
Part III: Enforcement Issues
9. Port State Control as a Mechanism to Ensure Compliance with Carbon
Intensity Regulations, Vincenzo Battistella Marinucci (University Of
Copenhagen, Denmark)
10. Environmental Targets as Mere Crowd-pleasers? Enforcement of Green
Targets through Ship Financing Contracts, Asli Arda (University of
Copenhagen, Denmark)
11. Climate Change Litigation in the Maritime Sector as Enforcement
Mechanism? Vibe Ulfbeck (University of Copenhagen, Denmark) and Maxim Usynin
(University of Copenhagen, Denmark)
12. The Future is General Average: General Average as Facilitator for
Maritime Decarbonisation, Jolien Kruit (Erasmus School of Law, Netherlands)
Part IV: Shipping Carbon for Carbon Storage
13. Shipping Carbon Dioxide as Dangerous Goods: Questions of Liability,
Maxim Usynin (University Of Copenhagen, Denmark)
14. Environmental Obligations Concerning Oceanic Carbon Capture and Storage
in International Law: Toward the Long-term Sustainability of CO2 Storage at
Sea, Yoshifumi Tanaka (University Of Copenhagen, Denmark)
15. Carbon Storage and Waste Law, Carola Glinski (University Of Copenhagen,
Denmark)
Stephen Girvin is MPA Professor of Maritime Law and Director of the Centre for Maritime Law at the National University of Singapore. Vibe Ulfbeck is Professor of Private Law and Head of the CEPRI Research Centre at the University of Copenhagen, Denmark.
Lisainfo e-raamatute kohta