Energy Efficiency Clauses in Charter Party Agreements

Energy Efficiency Clauses in Charter Party Agreements
Author: George Adamantios Psarros
Publisher: Springer
Total Pages: 198
Release: 2016-12-10
Genre: Technology & Engineering
ISBN: 3319502654

This book provides practical solutions for addressing energy efficiency as a clause term within a charter party contract. For this, upon a reflection of the regulatory craft, it analyzes key concepts of case law, and discusses them together with commercial and economic principles. In this way, the book aims at offering a comprehensive, interdisciplinary view of the chartering process, together with a new approach for safeguarding energy efficiency investments. A special emphasis is given to the maritime industry. Here, the newly developed framework, based on game theory, has been successfully applied to demonstrate the importance of including a clause term in contract negotiation to achieve protection against both an uncertain market and an even more challenging shipping environment. The book not only fills a gap in the literature, covering a topic that has been largely neglected to date, yet it offers researchers and practitioners extensive information to change the chartering process radically.

Green Shipping Contracts

Green Shipping Contracts
Author: Pia Rebelo
Publisher: Bloomsbury Publishing
Total Pages: 221
Release: 2024-08-22
Genre: Law
ISBN: 150996794X

This book applies a contract-governance theory to the implementation of decarbonisation objectives in the international maritime sector. In doing so, it provides an overview of how the network of contractual relationships that characterise commercial shipping can become effective sites of collaboration between shipping actors to improve upon energy efficiency and CO2 reduction. To achieve this aim, the book investigates and develops a set of contractual tools that can enable private actors to strengthen their commitments to net-zero targets (whether state-mandated or voluntary) and develop cooperative norms to guide decision-making and contractual interpretation. These mechanisms include contractual clauses and drafting considerations which can secure a desired outcome for contractual performance, thereby managing climate risks and providing adequate remedy where such risks materialise. In a transnational sector such as shipping, where contracts can exert greater influence on corporate decarbonisation efforts than international regulation, the book challenges the traditional limitations of contract law and calls for a deeper integration of green principles into private relationships.

Regulation of Risk

Regulation of Risk
Author: Abhinayan Basu Bal
Publisher: BRILL
Total Pages: 780
Release: 2022-12-28
Genre: Law
ISBN: 9004518681

Regulation of Risk provides comprehensive insight into regulation of risk in transport, trade and environment. Contributions provide national, regional and international perspectives on pressing questions: How is risk conceived in light of novel technological deployment, climate change, political upheaval, evolving geopolitics, and the COVID-19 pandemic? What legal tools such as contractual frameworks and governance structures are available to manage the changing landscape of risk? This book highlights the importance of dialogue and collaborative decision-making on risk between policymakers, institutions, societal stakeholders and the scientific community.

Carbon-Free Shipping and Shipping Carbon

Carbon-Free Shipping and Shipping Carbon
Author: Stephen Girvin
Publisher: Bloomsbury Publishing
Total Pages: 329
Release: 2024-08-22
Genre: Law
ISBN: 150997265X

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.

Towards a Zero-Emissions and Digitalized Transport Sector

Towards a Zero-Emissions and Digitalized Transport Sector
Author: Ellen J. Eftestøl
Publisher: Edward Elgar Publishing
Total Pages: 309
Release: 2024-09-06
Genre: Law
ISBN: 1035321467

Bringing together an interdisciplinary team of contributors, this book tackles the legal, logistical and supply chain challenges facing the transport sector in the context of climate change and technological development. In particular, it focuses on the European Union, which has placed a strong emphasis on ensuring future sustainability. This title contains one or more Open Access chapters.

Vienna Convention on the Law of Treaties

Vienna Convention on the Law of Treaties
Author: Oliver Dörr
Publisher: Springer
Total Pages: 1546
Release: 2018-01-15
Genre: Law
ISBN: 3662551608

The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention’s provisions. Each provision’s analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law.

Environmental Norms in Maritime Law

Environmental Norms in Maritime Law
Author: Tsimplis, Michael
Publisher: Edward Elgar Publishing
Total Pages: 336
Release: 2021-12-07
Genre: Law
ISBN: 1839107324

This timely book examines the reform of maritime law under the influence of environmental principles and the effects of these changes in the legal relationships between maritime stakeholders. Providing an integrated assessment of the use of environmental principles in the governance of shipping and maritime law, it argues that normative barriers supported by short term financial interests, the balance of power between states and the technocratic character of the IMO are delaying necessary changes to support sustainable development and thus endanger the marine environment.

Commentary on the Energy Charter Treaty

Commentary on the Energy Charter Treaty
Author: Rafael Leal-Arcas
Publisher: Edward Elgar Publishing
Total Pages: 597
Release: 2023-12-11
Genre: Law
ISBN: 1035316285

This thoroughly revised edition of the Commentary on the Energy Charter Treaty presents a comprehensive overview of the latest trends surrounding this important international agreement. Providing a unique, article-by-article, textual analysis, updated chapters cover the full breadth of topics and developments of the Energy Charter Treaty (ECT), situated in the broader context of international economic law and governance. This edition also offers detailed coverage of the modernization process of the ECT, and carefully analyses important criticisms of the instrument.

Commentaries on Selected Model Investment Treaties

Commentaries on Selected Model Investment Treaties
Author: Chester Brown
Publisher: OUP Oxford
Total Pages: 1018
Release: 2013-01-17
Genre: Law
ISBN: 0191651966

The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.