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.
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 Convention and its Implications for Time Charterparties? Malthe 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, Ash 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)
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