Carbon-Free Shipping and Shipping Carbon

This book focuses on the goal of carbon reduction from a private law perspective to explore how a new regulatory framework can be implemented in the shipping industry. Compared with other sectors, the shipping industry has traditionally been labelled a ''slow mover'' with regard to the sustainability agenda. However, new regulatory measures on carbon reductions at both international and EU levels require fundamentally new developments in the industry. This book studies existing contractual provisions alongside the new contractual model clauses in charterparties and bills of lading developed to facilitate carbon reductions. It considers how these clauses should be interpreted, whether they will transform traditional shipping contracts into more collaborative contracts, and how the carbon clauses 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 through climate change litigation. The book also analyses the related topic of shipping contracts for carbon storage as a necessary means for meeting carbon reduction targets.The book paves 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 European, Scandinavian and Asian legal systems.>

Zusammenfassung
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.

Inhalt

1. Introduction, Vibe Ulfbeck (University of Copenhagen, Denmark) and Stephen Girvin (National University of Singapore, Singapore) Part I: Contracts for Carbon-Free Shipping: At the Global Level
   2. From MARPOL to Contracts: Can Contract Law Support Green Shipping? Michael Tsimplis (City University of Hong Kong, Hong Kong)
      3. CII Clauses in Charterparties, Stephen Girvin (National University of Singapore, Singapore)
         4. EXXI Clauses in Charterparties, Malthe Herson Kløft (Bech Bruun Law Firm, Denmark) and Sofie Hong Tai (Accura Law Firm, Denmark)
            5. Spillover Effects on Bills of Lading and the Supply Chain, Vibe Ulfbeck (University Of Copenhagen, Denmark) Part II: Contracts for Carbon-Free Shipping: At the EU Level
               6. FIT For 55 And The Exterritorial Effect Of EU ETS Expansion To International Shipping, Ellen Eftestøl (Norwegian Business School, Norway)
                  7. ETS Clauses in Charterparties, Simon Baughen (Swansea University, UK)
                     8. Contracts for Trading ETS in the Shipping Sector, Andreas Oxholm (Hafnia Law Firm, Denmark) Part III: Alternatives and Enforcement Issues
                        9. The Future is General Average, Jolien Kruit (Van Traa Advocaten NV, Netherlands)
                           10. Port State Control as a Possible Mechanism for Ensuring Compliance with Sustainability Obligations, Vincenzo Battistella (University Of Copenhagen, Denmark)
                               11. Enforcement through Finance? The Poseidon Principles, Asli Arda (University Of Copenhagen, Denmark)
                                   12. Enforcement through Climate Change Litigation? Vibe Ulfbeck (University Of Copenhagen, Denmark) and Maxim Usynin (University Of Copenhagen, Denmark) Part IV: Contracts for Shipping Carbon and Storage at Sea
                                       13. Shipping Carbon, Maxim Usynin (University Of Copenhagen, Denmark)
                                           14. Environmental Obligations Concerning Oceanic Carbon Capture and Storage in International Law: Toward the Long-Term Sustainability of CO2 Storage at Sea, Yoshifumi Tanaka (University Of Copenhagen, Denmark)
                                               15. Carbon Storage at Sea from a Waste Law Perspective, Carola Glinski (University Of Copenhagen, Denmark)