MarIus 394: SIMPLY 2009
The periodical MarIus also includes SIMPLY, the Scandinavian Institute’s Maritime and Petroleum Law Yearbook. In SIMPLY the Scandinavian Institute of Maritime Law presents research of its members and friends.
SIMPLY 2009 - Scandinavian Institute of Maritime Law Yearbook. Photo: UiO/NIFS.
In SIMPLY 2009 a wide range of subjects are discussed.
Marine Insurance regimes and their impact on shipping competition
Trine-Lise Wilhelmsen, Professor and Director of the Scandinavian Institute of Maritime Law, University of Oslo
The purpose of this article is to discuss to what extent the regulation of hull insurance in different European countries encourage or impedes perfect competition in the marine insurance market. The starting point is the relationship between freedom of contract and the perfectly competitive market. The conclusion is that mandatory rules and attempts at harmonization do not seem to impede competition. The same seem to be true for national contractual regulation, but here differences in structure and approach may make it difficult to compare the regulations and thus counter competition.
Legal customs and the lex mercatoria in international private maritime law
Donato Di Bona, LL.M, Ph.D., Researcher at University of Palermo, Attorney at law
The article deals with the problem of unification of international private maritime law, by virtue of private self regulation (lex mercatoria). It also contains a review of English and Italian cases dealing with the application of customs in international transport. The conclusion is that the disputes about lex mercatoria are not only a scholar's rhetoric exercise, but the fruit of a policentric vision of sources of law and that lex mercatoria, intended as a set of international legal customs, has been part of international maritime law, under various names.
Company’s duty to provide CAR insurance under a fabrication contract: What happens if the insurer becomes insolvent? A response to professor Hans Jacob Bull
Vidar Strømme, Lawyer, the Law Firm Schjødt
Svein H. Bjørnestad, Legal Director, ESSO Norge
The article concerns the question which of the parties to a fabrication contract should bear the risk in the event that the oil company has taken out a "Construction All Risk" policy also to the benefit of contractor, and the insurance company thereafter is declared bankrupt. Based on a specific case in Stavanger City Court ( "Stavanger Tingrett"), the authors argue that the risk should lie with ontractor. This is i.a. based on an interpretation of the type of contract in question, the "knock for knock" principle and some principles from the laws of contracts and obligations.
Formalism in complex onshore and offshore construction contracts
Knut Kaasen, Professor, Scandinavian Institute of Maritime Law, University of Oslo
The article discusses the trend to increase the level of formalism in standard contracts used in on- and offshore construction projects. The aim is to assess the need to establish formal procedural requirements for contract management and to explore different options for accommodating this need, as well as their potential consequences. Do the standard forms go further than necessary in imposing formal procedural rules within contracts? Are we moving towards a level of formalism that will be intolerable?
The freight forwarder’s security for earnings and outlays
– with particular view to NSAB 2000 and Norwegian domestic law
Thor Falkanger, Professor Emeritus, Scandinavian Institute of Maritime Law, University of Oslo
A freight forwarder’s claim in respect of goods transported is secured by a right of retention. The article discusses this right, and in particular whether this right can be extended by contract to cover claims from previous transportation engagements. The discussion, based upon the freight forwarders’ standard terms (NSAB 2000), involves analysis of four important Norwegian Supreme Court decisions.
Implementing Conventions – Scandinavian Style
Erik Røsæg, Professor, Scandinavian Institute of Maritime Law, University of Oslo
The article discusses how international conventions on uniformity of maritime law are implemented in Scandinavian law.
Vessel-source pollution in the disputed area of the Barents Sea – Norway’s access to administrate prevention initiatives
Iris Østreng, LL.M, Legal Advisor for Den Norske Krigsforsikring for Skib
This master thesis examines the vessel-source pollution regulation in light of the maritime boundary dispute between Norway and Russia in the Barents Sea (settled after delivery of this thesis). The questions raised remain topical. This thesis gives a comprehensive overview over the applicable international instruments, examines Norway’s jurisdiction over pollution accidents at sea and rounds up with providing a future perspective for the regulation of pollution in the Barents Sea.
The End of Liner Conferences? The New Competition Regime for Liner Shipping
Joar Holme Støylen, LL.M, University of Bergen, Norway and Bond University, Australia , Associate at the Law Firm Selmer DA
Liner shipping is regularly scheduled international maritime transport services. In liner conferences, operators would cooperate on administration, prices and capacity among other things. Such measures are not in accordance with European competition regulation, but were allowed under a block exemption from ECT Article 101. In October 2008 Council Regulation 1419/2008 repealed the block exemption. The paper looks into the legal consequences for vessel operators within liner shipping, the legal alternatives in a post conference era, and possible outcomes of future market development