University:
University College London
Course:
LAWS0037 | Maritime Law
Academic year:

2024
Views:

137

Pages:

3
Author:

Nam B.

Updating Maritime Law 5th End: COVID and after COVID Date: 16 December 2020 Presented by: Filippo Lorenzon (Consultant @ Campbell Johnston Clark) Introduction 1. COVID 19 and the international sale of goods 2. COVID 19 and the international carriage of goods 3. Conclusions Environment - Zero GHG emissions - Zero discharges - Zero impact IMO Regulation - "Command and Control" - cost on regulator - Minimum Standards- No financial incentives for innovation-industry - focuses on minima - Some "bad" arrangements- Ballast water - Ship Recycling- Atmospheric pollution - Slow implementation and evaluation - Delays and obstacles in the adoption of technology Sale Of Goods - CIF and FOB contracts. - In CIF contracts: • Delayed shipment/delivery. • Failure of supply chain? • Delay in the availability of documents - and in FOB contracts? - and in any other trade (Inco)terms? Carriage Of Goods - Delayed discharge under marine bills of lading • Deviation and damages for delay  A change in rotation of discharge ports  The refusal of the ship to berth  The use of alternative discharge ports and consequential on-carriage costs. • Quarantine and damages for delay • Delay and damages to perishable cargo • Delay in documentation  Bill of lading not available at discharge  Phytosanitary and other pre-discharge certificates not available at discharge - Issues with accessing discharged goods • Goods not accessible: What is their condition at discharge? • Terminal charges • Time bars Over 10 Years So: 500 Million/Year 1. There is money! 2. There is a need for technological innovation! 3. Why through the IMO? 4. Why not private investment AND benefit? The Cost For The US To Win The Space Race In Today's Money £140 Billion - Maersk improved profitability across the business and delivered strong free cash flow, despite the negative impact on global economies from the COVID- 19 pandemic. The company grew earnings before interest, tax, depreciation and amortization (EBITDA) 39 pct. to USD 2.3bn with revenue decreasing 1.4 pct. to USD 9.9bn. What We Will See (Hopefully Soon) - Incentives for higher standards and quick adoption of technology - Continuous monitoring of ship's behaviors - Self-regulation of environmental performance • Classification Societies Conclusions - ML's primary purpose is to give a good bird's eye view of maritime law to nonspecialists, but it is also a teaching tool: • Designed to allow the reader to develop a method, a structure to use for solving complex legal issues. - - Updating ML: • The world evolves constantly • Policies change • The law follows • The method must adapt. There will always be the need for a new edition!