The charterparty is a legal contract of employing a vessel. In shipping matters, it is a highly important document since it allocates obligations, rights, duties, liabilities, risks, earnings, costs and profits betwee...The charterparty is a legal contract of employing a vessel. In shipping matters, it is a highly important document since it allocates obligations, rights, duties, liabilities, risks, earnings, costs and profits between the contracted parties, namely, the shipowner and the charterer. The interpretation of the above mentioned matters, as well as the understanding of charterparty terms, is considered of critical importance in chartering practice. Therefore, this paper constitutes a review of the most important aspects arising from charterparties in the main types of charter. The present study is based on shipping practices followed in accordance with the English Common Law throughout the chartering process （pre-fixture, fixture, execution of the charter, post fixture）. This is a synopsis about the distribution of the liabilities and expenses between the shipowner and the charterer in the most representative types of charter. The analysis is seen from a commercial stand point. Therefore, it is mostly addressed to the shipping practitioners, maritime economists, academics, students and researchers who seek to form a comprehensive view on the subject. It may also form a basis for further study on chartering aspects （legal, economic, managerial and practical）.展开更多
The Whaling in the Antarctic Case (Australia v. Japan: New Zealand intervening) decided by the International Court of Justice (hereinafter "ICJ" or "the Court") on 31 March 2014 dealt with the inte...The Whaling in the Antarctic Case (Australia v. Japan: New Zealand intervening) decided by the International Court of Justice (hereinafter "ICJ" or "the Court") on 31 March 2014 dealt with the interpretation of specific provisions of the 1946 International Convention for the Regulation of Whaling (ICRW), in particular Article VIII.1, and its complementary instruments, i.e., the Schedule and the Annexes of the International Whaling Commission Scientific Committee. The decision of the Court was a remarkable good one. However, its rigorous reasoning focused almost exclusively on the required purpose of "scientific research" of the JARPA II Programme1 permits as set out in the ICRW, approaching the convention as an autonomous self-contained regime which leaves aside other additional grounds. Nonetheless, it would be beneficial for further jurisdictional developments to strengthen the scope of the ICWR system with the applicable provisions of the United Nations Convention on the Law of the Sea (UNCLOS) and other treaties and institutions impinging on whales and whaling, e.g., CITES, Bonn Convention, Antarctic Treaty System, among others. The query remains concerning the unexplored sources of international law ruling Antarctic spaces and species which are absent in the judgment of the Court but may allow an evolutive interpretation of the ICRW.展开更多
文摘The charterparty is a legal contract of employing a vessel. In shipping matters, it is a highly important document since it allocates obligations, rights, duties, liabilities, risks, earnings, costs and profits between the contracted parties, namely, the shipowner and the charterer. The interpretation of the above mentioned matters, as well as the understanding of charterparty terms, is considered of critical importance in chartering practice. Therefore, this paper constitutes a review of the most important aspects arising from charterparties in the main types of charter. The present study is based on shipping practices followed in accordance with the English Common Law throughout the chartering process （pre-fixture, fixture, execution of the charter, post fixture）. This is a synopsis about the distribution of the liabilities and expenses between the shipowner and the charterer in the most representative types of charter. The analysis is seen from a commercial stand point. Therefore, it is mostly addressed to the shipping practitioners, maritime economists, academics, students and researchers who seek to form a comprehensive view on the subject. It may also form a basis for further study on chartering aspects （legal, economic, managerial and practical）.
文摘The Whaling in the Antarctic Case (Australia v. Japan: New Zealand intervening) decided by the International Court of Justice (hereinafter "ICJ" or "the Court") on 31 March 2014 dealt with the interpretation of specific provisions of the 1946 International Convention for the Regulation of Whaling (ICRW), in particular Article VIII.1, and its complementary instruments, i.e., the Schedule and the Annexes of the International Whaling Commission Scientific Committee. The decision of the Court was a remarkable good one. However, its rigorous reasoning focused almost exclusively on the required purpose of "scientific research" of the JARPA II Programme1 permits as set out in the ICRW, approaching the convention as an autonomous self-contained regime which leaves aside other additional grounds. Nonetheless, it would be beneficial for further jurisdictional developments to strengthen the scope of the ICWR system with the applicable provisions of the United Nations Convention on the Law of the Sea (UNCLOS) and other treaties and institutions impinging on whales and whaling, e.g., CITES, Bonn Convention, Antarctic Treaty System, among others. The query remains concerning the unexplored sources of international law ruling Antarctic spaces and species which are absent in the judgment of the Court but may allow an evolutive interpretation of the ICRW.
