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Hague Visby

U.S. jurisdiction clause does not require application of COGSA

The U.S. Court of Appeals for the Fifth Circuit ruled that inclusion in a bill of lading of a clause providing for U.S. jurisdiction does not require application of the U.S. Carriage of Goods by Sea Act (COGSA) where the goods were shipped from Spain to China and the General Paramount Clause provided for application of the Hague-Visby Rules. In the instant case, the goods were damaged en route and the shipper brought suit against the vessel and the carrier. The carrier argued that the jurisdiction clause in the bill of lading required application of COGSA, greatly limiting the maximum recovery. The court held that the jurisdiction clause could not override the specific provisions of the General Paramount Clause. Foster Wheeler Energy Corp. v. M/V AN NING JIANG, No. 03-30038 (5th Cir. - HK Law)

Safe Carriage of Dangerous Goods in Containers

Photo: CMA CGM

 The International Group of P&I Clubs and the shipping line members of the Cargo Incident Notification System (CINS) have recently produced a new set of guidelines for the carriage of calcium hypochlorite in containers.    UK Club risk assessor, David Nichol, discusses why it was considered necessary to update guidance for a cargo with a history of being implicated in ship fires as well as the wider problem of the mis-declaration of dangerous goods.  

Philippines Mulls Bilateral Sea Talks with China

The Philippines may consider two-way talks with China to resolve a territorial dispute in the South China Sea but only if it wins its case with Beijing at an arbitration tribunal in The Hague, Manila's foreign minister said on Friday. China claims almost the entire South China Sea, believed to have huge deposits of oil and gas. Brunei, Malaysia, Vietnam, the Philippines and Taiwan also claim the waterways where about $5 trillion of ship-borne goods passes annually.

ICS Deliberate on “Legal Issues relating to Shipping & Ports”

Conference in session Photo ICS

ICS, East India Branch conducted conference on Legal matters pertaining to Maritime Sector prior to joining hands with M/s Hinode Events a Knowledge Partner to serialise this an Annual Conference on Legal Maritime Legal matters. The Branch takes pride to state that "The Ministry of Shipping" &  "The Directorate General of Shipping" have taken the view of the Branch in several legislative matters.

China, Russia Navies to hold S. China Sea Drills

China and Russia will hold "routine" naval drills in the South China Sea in September, China's defence ministry spokesman Yang Yujun told a news conference on Thursday. The drills come at a time of heightened tension in the contested waters after an arbitration court in the Hague ruled this month that China did not have historic rights to the South China Sea and criticised its environmental destruction there. China rejected the ruling and refused to participate in the case.

China: 'Illegal' Fishing in S.China Sea to be Met Harshly

China's Supreme Court said on Tuesday people caught illegally fishing in Chinese waters could be jailed for up to a year, issuing a judicial interpretation defining those waters as including China's exclusive economic zones. An arbitration court in The Hague ruled last month that China had no historic title over the waters of the South China Sea and that it had breached the Philippines' sovereign rights with various actions in the sea, infuriating Beijing which dismissed the case.

South China Sea Hearing in Court

Map by  The American Center for Democracy

 The Philippines has sought to debunk China's claims to disputed islands in the South China Sea, court officials said Monday (November 30) as an international tribunal wrapped up a five-day hearing, says an AFP report.   The Philippines has asked the Permanent Court of Arbitration in The Hague to affirm its right to areas within 200 nautical miles of its coastline, under the terms of a U.N. convention.  

China Thanks Countries South China Sea Support

China expressed thanks on Tuesday for the dozens of countries it says have offered support for its position on a case brought by the Philippines over Chinese claims in the South China Sea, saying they are speaking out to uphold justice. China has stepped up its rhetoric ahead of an expected ruling by the Permanent Court of Arbitration in The Hague on the Philippine case. China refuses to recognise the case and says all disputes should be resolved through bilateral talks.

Ecuador Pays $112 mln Award to Chevron

Courtesy Chevron Corporation

Ecuador has paid $112 million to energy company Chevron Corp over a four-decade-old contract dispute, even though it remains in disagreement, the head of the central bank has said. A Hague arbitration court awarded the U.S. company $96 million in 2011 in a dispute stemming from a 1973 deal that called for Texaco, later acquired by Chevron, to develop fields in exchange for selling oil to Ecuador at below-market rates. Various appeals by Ecuador against the ruling failed.

China Asks U.S. to Support Resumption of Talks with Philippines

China's foreign minister has asked the U.S. secretary of state John Kerry to support the resumption of talks between China and the Philippines over the South China Sea, following a ruling against Beijing over the dispute earlier this month.   China did not participate in and has refused to accept the July 12 ruling by The Hague-based Permanent Court of Arbitration, in which U.S. ally Manila won an emphatic legal victory.  

Bolivia's Morales Accuses Chile of Restricting Access to Ports

Bolivian President Evo Morales told the United Nations Human Rights Council on Friday that Chile had restricted access to ports on its coast in violation of free passage treaties, in the latest flare-up of tensions between the traditional rivals.  

The Hague to Arbitrate East Timor-Australia Maritime Dispute

The Permanent Court of Arbitration in the Hague will oversee a compulsory arbitration between East Timor and Australia on their maritime boundary, it said on Monday, rejecting Australian objections. East Timor asked for the process which could decide on which side of the border lies a large oil

Duterte Aligns Philippines with China to Resolve Sea Dispute

Photo: CSIS Asia Maritime Transparency Initiative/DigitalGlobe

Philippine President Rodrigo Duterte announced his "separation" from the United States on Thursday, declaring he had realigned with China as the two agreed to resolve their South China Sea dispute through talks. Duterte made his comments in Beijing

US Warship Challenges China's Claims in South China Sea

Guided-missile destroyer USS Decatur (DDG 73) operates in the South China Sea (U.S. Navy photo by Diana Quinlan)

A U.S. navy destroyer sailed near islands claimed by China in the South China Sea on Friday, drawing a warning from Chinese warships to leave the area.   The U.S. action was the latest attempt to counter what Washington sees as Beijing's efforts to limit freedom of navigation in the

Philippines' Offshore Oil Still in Doubt

Production of oil still in troubled waters after South China Sea ruling By Enrico Dela Cruz   The Philippines, eager to resume development of vital oil and gas reserves off its coast, will likely need to reach an accord with a Chinese government infuriated by last week's ruling that

Kerry to Press ASEAN meeting for talks on SCS Disputes

U.S. Secretary of State John Kerry Official Portrait Photo John Kerry -@JohnKerry

U.S. Secretary of State John Kerry will urge Southeast Asian nations in meetings in Laos next week to find diplomatic ways to launch talks with China on easing tension over the South China Sea following an international court ruling that denies China's claims in the sea.

ASEAN in Discord Ahead of Meeting with top China, U.S. Diplomats

Photo Permanent Court of Arbitration

Southeast Asian nations were thrown into disarray after Cambodia on Saturday blocked them from issuing a statement referring to an international court ruling against China's territorial claims in the South China Sea, diplomats said. The U.N

China sets up South China Sea environment protection fund

China has set up a 15 million yuan ($2.25 million) environmental protection fund for the South China Sea having already spent double that in the past four years, the Xinhua state news agency said on Monday. The Permanent Court of Arbitration in The Hague ruled this month that China did not have

Cambodia Urged ASEAN to Avoid Words That Escalate Tension

Cambodia advised a grouping of South East Asian nations to avoid using words that "would escalate tension between China and the Philippines" in a weekend statement, the country's foreign ministry said on Wednesday.   Cambodia's support for China's position on an international

China Launches Maritime Satellite

Gaofen-3 onboard the Long March 4C rocket. Image Courtesy: Xinhua

 China’s Academy of Space Technology in Beijing has launched a new high-tech satellite, called the Gaofen 3 high-resolution Earth observation satellite, which has been designed to protect its maritime interests, as well as warn of natural disasters, according to China Daily.  

Philippines seeks Formal South China Sea Talks

Chinese development in the South China Sea (image: Asia Maritime Transparancy Initiative)

Talks to explore pathways to peace and cooperation. The Philippines wants formal negotiations with China to explore pathways to peace and cooperation, the Southeast Asian nation's special envoy, Fidel Ramos, said on Friday, after a meeting with former Chinese deputy foreign minister Fu Ying.

China Receives First American LNG Cargo

Apollonia passes through the Panama Canals locks on its way to Asia. Photo: Shell

 The first cargo of US liquefied natural gas (LNG) to target the world’s largest energy consumer arrived Monday at the Chinese port of Yantian in Shenzhen near Hong Kong.   The cargo was brought onboard the 161,870-cbm Maran Gas Apollonia

Philippines: Sea Dispute Won't Shift Ties with China, U.S.

Photo: CSIS Asia Maritime Transparency Initiative/DigitalGlobe

The Philippines' territorial dispute with China over the South China Sea has not caused Manila to rebalance diplomatic ties with either its ally, the United States, or neighbouring China, Foreign Minister Perfecto Yasay said on Wednesday.

Royal Navy Warship Goes to Libya

RFA Mounts Bay (Photo: UK Royal Navy)

 The UK provided RFA Mounts Bay to support the Danish-led maritime operation, escorting a Danish transport ship through the Mediterranean as it carried the chemicals, the Defence Secretary and Foreign Secretary have announced.   Libya’s chemical weapons stockpile was destroyed

Japan to Provide Patrol Ships to Vietnam

The Japanese government said on Wednesday it is ready to provide Vietnam with new patrol ships, in its latest step to boost the maritime law-enforcement capabilities of countries locked in territorial rows with China.   On Tuesday, Japan agreed to provide two large patrol ships and lend up

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