The Hamburg Lectures on Maritime Affairs
For the fifth time the Research School invite together with the International Tribunal for the Law of the Sea (ITLOS) to the Hamburg Lectures on Maritime Affairs which will place between October and December 2011.
The 2011 Hamburg Lectures will feature inter alia lectures by Professor Thomas J. Schoenbaum ("An Evaluation of the Rotterdam Rules"), Professor Andrés Juan Recalde Castells ("Spain’s Ratification of the Rotterdam Rules"), Professor Andrew Dickinson ("Territory in the Rome I and Rome II Regulations") and Tatiana Ilyina ("Marine Carbon Cycle and Ocean Acidification").
For further details please download our programme:
— The 2010 Hamburg Lectures included lectures by Wolfgang Wurmnest ("Maritime employment contracts in the conflict of laws"), Kyriaki Noussia ("Environmental pollution liability and insurance law ramifications in view of the Deepwater Horizon oil spill") and Peter Wetterstein ("Remedying of environmental damage caused by shipping"). The past programme can be found here.
— The 2007 and 2008 Hamburg Lectures held by Thomas A. Mensah, Krijn Haak, Sergio M. Carbone, Lorenzo Schiano di Pepe, Erik Røsæg, Frank Smeele, Carlos Esplugues Mota and Lucius Caflisch have been published recently in our book series, the Hamburg Studies on Maritime Affairs.
— A summary of the 2007, 2008, 2009 and 2010 Hamburg Lectures can be found here.
Seminar Excursion to New York In the summer semester of 2009, Professor Peter Ehlers, Professor Rainer Lagoni and Professor Marian Paschke, all three directors of the Research School, jointly offered a legal seminar related to maritime affairs and the law of the sea, focussing in particular on "Recent Developments of the Law of the Sea" The seminar was to be complemented by an excursion of several days’ duration to a location of particular maritime relevance. New York City was chosen as destination for its historical importance with regard to the transport of people and goods from "Old Europe" to the new territories as well as its role as the world’s heart of maritime-related financial transactions and as the major host city to the United Nations. On 16 March 2010, Professor Paschke and 17 further participants, among them assistants from the University of Hamburg as well as from the Research School, arrived in New York City.
The group was welcomed by the Columbia Law School, the German American Chamber of Commerce (GACC), the Permanent Mission of the Federal Republic of Germany to the United Nations and the Port Authority of New York and New Jersey. The program also included visits to the U.S. law firms Seward & Kissel LLP and Hill Rivkins & Hayden LLP and was concluded by a reception at the Division for Ocean Affairs and the Law of the Sea (DOALOS) at the United Nations.
Duygu Damar - Wilful Misconduct in International Transport Law
The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was
employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law
and international transport law, are examined from a comparative perspective.
Duygu Damar's book has been published as volume 22 of our book series, the Hamburg Studies on Maritime Affairs.
Philipp Egler - Seeprivatrechtliche Streitigkeiten unter der EuGVVO
Der Autor untersucht das Seeprivatrecht in Bezug auf die Frage, wie sich etwaige Streitigkeiten in das System des vereinheitlichten europäischen Prozessrechts – namentlich der Verordnung des Rates über die gerichtliche Zuständigkeit und die Anerkennung und Vollstreckung von Entscheidungen in Zivil- und Handelssachen (EuGVVO) als wichtigstem sekundärrechtlichen Instrument – einfügen. Dabei analysiert er, welche Gerichtsstände der EuGVVO für die jeweiligen Streitigkeiten eröffnet sind und welche spezifisch seeprozessrechtlichen Probleme sich ergeben. Die Schwerpunkte bilden das Seetransport- und das Seearbeitsrecht. Dies ist zum einen der praktischen Relevanz dieser Rechtsgebiete und den hierzu ergangen Entscheidungen des Europäischen Gerichtshofs (EuGH) geschuldet. Andererseits eignen sich gerade diese beiden Bereiche zur Darstellung allgemeiner Fragen, insbesondere des Zusammenspiels von Seeprivatrecht, Seevölkerrecht und europäischem Prozessrecht. Grundsätzlich folgt die Arbeit dabei dem Aufbau der EuGVVO.
Philipp Egler's book has been published as volume 21 of our book series, the Hamburg Studies on Maritime Affairs.
Chen-Ju Chen - Fisheries Subsidies under International Law
Subsidies to fisheries have been in existence for centuries. However, these remained outside the spotlight of the international community until the turn of this century when the negative effects that fisheries subsidies have on international trade, the environment and sustainable development became increasingly clear. As a result the Doha Round Negotiations set the parameters for an effective fisheries subsidies regime. WTO Members thus embarked in intensive negotiations with the collaboration of various international organizations. These negotiations culminated with publication of the legal text of the Chairman of the Negotiating Group on Rules in 2007 which reflects to a large extent the mandates of the Ministerial Conferences and reconciles the diverse interests of the negotiators. The EU as a major WTO Member and with its own Common Fisheries Policy which has been in effect for a number of years can serve as the basis for comparison and improvement of the proposed regulations.
Chen-Ju Chen's book has been published as volume 20 of our book series, the Hamburg Studies on Maritime Affairs.
Felix Sparka — Jurisdiction and Arbitration Clauses in Maritime Transport Documents: A Comparative Analysis
Jurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.
— Felix Sparka's book has been published as volume 19 of our book series, the Hamburg Studies on Maritime Affairs.
Peter Ehlers & Rainer Lagoni (eds) — Responsibility and Liability in the Maritime Context
The Seminar on responsibility and liability in the maritime context, papers of which are published in this volume, dealt with the rules of the law of the sea and of maritime law governing these issues in order to realize similarities and differences in both fields of law which constitute the law of maritime affairs. Participants of the Seminar, which took place in July 2008 in the Premises of the International Tribunal for the Law of the Sea, were scholars and associates of the Research School and students of the Law Faculty, University of Hamburg.
— Peter Ehlers, Rainer Lagoni (Eds.), Responsibility and Liability in the Maritime Context, LIT Verlag, series: Schriften zum See- und Hafenrecht, vol. 16, 2009, 288 p., 29.90 EUR, ISBN 978-3-643-10399-4
Peter Ehlers & Rainer Lagoni (eds) — Enforcement of International and EU Law in Maritime Affairs
Ocean governance has its legal basis in the United Nations Convention on the Law of the Sea and in numerous international maritime conventions. These rules help to balance conflicting interests in the uses of the oceans and seas and the protection and preservation of the marine environment. Their efficiency depends, however, on their enforcement. In 2007 Prof. Dr. Dr. h.c. Peter Ehlers and Prof. Dr. Rainer Lagoni, both directors at the Research School, organized a seminar on "Enforcement of International and EU Law in Maritime Affairs". Participants were Scholars of our Research School and other graduate students. Their papers cover various aspects of enforcement relating to the new Wreck Removal Convention and to rules of the European Union, such as port State control, enforcement measures in fisheries, the European Maritime Safety Agency (EMSA), protection of maritime boundaries and inquiries into maritime casualties. The volume includes also an analysis of the maritime policy of the EU as a new integrated approach to maritime activities.
— Peter Ehlers, Rainer Lagoni (Eds.), Maritime Policy of the European Union and Law of the Sea, LIT Verlag, series: Schriften zum See- und Hafenrecht, vol. 13, 2008, 304 p., 24.90 EUR, ISBN 978-3-8258-0493-0
New Excursions: "Meet the Maritime Players"
Starting in 2007, the Research School launched a new series of excursions called "Meet the Maritime Players" within Hamburg, a city world renowned as one of the great maritime centres with a multitude of maritime institutions (scientific institutes, administrative bodies, trade associations, environmental organisations, etc.). These excursions take place once a month in the afternoon to inform the Scholars and Associates of the different maritime institutions, their roles, aims and actual emphasis of activity.
The last excursions led our Scholars and Associates to the law firm Segelken & Suchopar and to the German Shipowners’ Association (Verband Deutscher Reeder, VDR). On 24 January, 2011 Segelken & Suchopar, who specialize in insurance law as well as in all areas of transport, forwarding and shipping law, welcomed Scholar and Asociates and offered insights into their work. On 14 March, members of the Research School visited the German Shipowners' Association, where they were warmly received by the Association's CEO, Senator a.D. Ralf Nagel.
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Activity Report 2010 (322.3 KB)
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