Maritime Law Perspectives Old and New, Volume II


Proshanto K. Mukherjee – Professor of Law and Foreign Expert, Dalian Maritime University, Dalian, China
Jingjing Xu – Professor, Academic Dean and Associate Pro Vice-Chancellor (China Partnerships), Coventry University, Coventry, United Kingdom
Maximo Q. Mejia Jr.Professor, Head of Maritime Law and Policy, World Maritime University, Malmö, Sweden

Series: Laws and Legislation
BISAC: LAW066000

Maritime law is a subject of ancient vintage which is both evolutionary and revolutionary in the context of the current milieu. It is still evolving as new areas of law are emerging mainly through international conventions and the technological revolution that is rapidly changing or modifying established principles and practices in the maritime field. The book Maritime Law Perspectives Old and New is the brainchild of the lead editor Proshanto K. Mukherjee, the proverbial “ancient mariner”, and is produced by the editorial triumvirate comprising him, Jingjing Xu and Maximo Q. Mejia who have collaborated on several past occasions. They are assisted by upwardly mobile maritime law academics Huiru Liu and Minna Yu. The book is special in many ways, not the least of which is the conglomeration of authors hailing from some 20 countries around the world covering both common and civil law jurisdictions and the fact that the contributing authors are inter-generational.

A unique feature of the book which appears in two volumes is that the first volume consists entirely of Chinese authors most of whom are relatively young newcomers embarking on their academic voyages. This will hopefully inspire others of their kind in China to write and publish in English which is officially recognized by the International Maritime Organization as the global language of the maritime world. The second volume consists of the writings of seasoned maritime law authors some of whom are distinguished scholars with enviable track records in maritime law academia. Other notable features of the book include the vast array of subject matters addressed in the chapters of both volumes ranging from traditional public and private law topics such as international law of the sea, ship-source pollution, regulatory maritime law like ship safety and aids to navigation to emerging hi-tech oriented topics like blockchain applications in shipping, comparative legal commonalities between maritime and aviation law and contemporary legal endeavour such as the convention on recognition of judicial sales of ships and interjurisdictional issues and disputes in transboundary waterways. It is anticipated that the book will inure to the benefit of readers and researchers who are involved in pursuing maritime law and are keenly interested in its perpetuity from perspectives old and new.

Table of Contents


Chapter 1. The Liability of the Carrier Under Turkish Maritime Law: An Overview
Pinar Akan
Faculty of Law, Maritime Law Department, Marmara University, Istanbul, Turkey

Chapter 2. Fixing Lines in the Sea: Climate Change and Maritime Entitlements
Gabriela Argüello
Department of Law– The Royal Swedish Academy of Letters, History and Antiquities
School of Business, Economics and Law, University of Gothenburg, Sweden

Chapter 3. Ship-Source Marine Pollution, Legal Theory, Law and Practice: The Regime of Pakistan in Perspective
Saira Bashir Dar
PhD Scholar, Dalian Maritime University
Lecturer in Law, Bahria University, Islamabad

Chapter 4. The Development of the Maritime Rest/Work Hours Regime: The Normalization of Deviance
Raphael Baumler and Michael Ekow Manuel
World Maritime University, Malmö, Sweden

Chapter 5. The Legal Aspects of Cruise Ship Passenger Contracts
Olena Bokareva
Associate Senior Lecturer, Lund University, Lund, Sweden

Chapter 6. The Role of China in Global Ocean Governance: A Marine Environmental Perspective
M. Jahanzeb Butt and Khadija Zulfiqar
School of Law, Shandong University, China
School of Law, Dalian Maritime University, China

Chapter 7. The New Version of Lloyd’s Open Form Standard Salvage Agreement: LOF 2020
Cansu Çakan Çavuş
PhD, Research Assistant at Marmara University, Faculty of Law, Maritime Law Department, Istanbul, Turkey

Chapter 8. Domestic Laws of Yellow Sea States on the Prevention of Vessel-Source Pollution: A Comparative Analysis
Junghwan Choi
Lecturer, Dalian Maritime University School of Law

Chapter 9. Mapping the Governance of Seafarers’ Legal Rights in the Realm of Autonomous Shipping
Dr. Pallab Das1 and Aakaansha Arya2
1Associate Professor of Law and Dean, Centurion University of Technology and Management, Bhubaneshwar, India
2Associate, Samvad Partners, Mumbai, India

Chapter 10. Perspectives on Material Non-Disclosure and Misrepresentation in Marine Insurance
Martin Davies
Admiralty Law Institute Professor of Maritime Law, Admiralty Law Institute Tulane University Law School, New Orleans, Louisiana
Director, Tulane Maritime Law Centre, New Orleans, Louisiana
Professorial Fellow, Melbourne Law School, Australia

Chapter 11. Coastal Communities in the Bay of Biscay: The Resilience and Preparedness for Environmental Change
Jonatan Echebarria Fernández1, Tafsir Matin Johansson2 and Jon Skinner3
Honorary Lecturer at The City Law School (City, University of London), London, UK
2Associate Research Officer; World Maritime University-Sasakawa Global Ocean Institute
3Retired Commander, US Navy

Chapter 12. International Quality Management Standard Settings in the Maritime Sector: The Role of International Organizations and the Emerging Global Regulatory Framework
Anish Arvind Hebbar
World Maritime University, Malmö, Sweden

Chapter 13. The Russian Maritime Court System and Recent Constitutional Reforms
Kseniia A. Novikova
Dalian Maritime University School of Law, Dalian, Liaoning, China

Chapter 14. Seafarers’ Security Measures Old and New: MLC 2006 in Perspective
Sandra Lielbarde
Senior Legal Adviser, Latvian Maritime Administration

Chapter 15. A Consideration as to Whether Attacks on Cruise Ship Crew or Passengers Could Fall under the UNCLOS III Definition of Piracy
Samuel Pyeatt Menefee
Independent Scholar

Chapter 16. A Selective Appraisal of Flag State and Port State Implications of the Maritime Labour Convention, 2006
Reshmi Mukherjee
Solicitor-Advocate, England and Wales
Public Protection Solicitor
Powys County Council, Wales, UK

Chapter 17. The Conflict of Laws: The Maritime Dimension in Selective Perspectives
Proshanto K. Mukherjee
Professor of Law and Foreign Expert Dalian Maritime University, China
Professor Emeritus of Maritime Law and Policy, World Maritime University, Malmö, Sweden
Chancellor, CINEC Campus, Malabe, Sri Lanka

Chapter 18. Extraterritorial Jurisdiction, Indirect Interdiction, and Irregular Migration at Sea
Junya Otani1, Maximo Q. Mejia Jr.2 and Khanssa Lagdami2
1Japan Coast Guard, Tokyo, Japan
2World Maritime University, Malmö, Sweden

Chapter 19. Inter-Jurisdictional Issues Relating to Bilateral Waterways: DPRK, China, Russia
Sin Hyok Pak
Dalian Maritime University School of Law, China

Chapter 20. Safe and Environmentally Sound Ship Recycling: Progress, Problems and Prospects under the Hong Kong Convention and the EU Ship Recycling Regulation
David Testa
Casual Lecturer, Faculty of Law, University of Malta, Malta

Chapter 21. The Role of Intermediaries in the Assured’s Duty of Disclosure under English Law
David Rhidian Thomas
Emeritus Professor of Maritime Law, Founder Director, Institute of International Shipping and Trade Law, Swansea University, Wales, UK

Chapter 22. The Evolving Environmental Governance Structure of the Belt and Road Initiative
Max Zhang
Lecturer, Dalian Maritime University Law School, China


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