ISSN 2464-9724

Maritime Safety and Security Law Journal

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  • Issue 9

    Sea-Sick: Legal Remedies for Cruise Ship Passengers Affected by the COVID-19 Pandemic

    by Monica PECHOUS 31 December 2021

    Since December 2019, over 3,600 people have been infected with coronavirus or coronavirus-like illnesses aboard cruise ships. Whether infected or not, many passengers assert that cruise lines negligently handled COVID-19 outbreaks on board ships, posing a significant risk to their health, safety, and emotional well being. Various laws, including the Death on the High Seas …More

  • Issue 9

    International Maritime Organisation Framework on Cyber Risk Management – a Case for a Comprehensive Legal Framework

    by Bisola OGUNDARE Gbenga AKINWANDE 31 December 2021

    The global maritime industry continues to embrace information technology and operational technology in automating its processes. Increased digitalisation has brought about cyber vulnerabilities, opening the door for cyber-attacks. Cyber-attacks can have serious consequences for crews, ships, and cargos, including casualties, loss of control of ship and ship or cargo hijacking. This research paper examines and …More

  • Issue 9

    The Legal Situation of the Shipwreck Nuestra Señora del Juncal: Ownership and Protection Under International Law

    by Carlos A. CRUZ CARRILLO 31 December 2021

    On 31 October 1631, the Spanish galleon Nuestra Señora del Juncal succumbed to a storm and sank near the coasts of Campeche (Mexico). From a legal perspective, Mexico and Spain retain a legal interest over the wreck as coastal state and flag state, respectively. This article examines the legal situation of the wreck in the …More

  • Issue 8

    COLREGs and Autonomous Vessels: Legal and Ethical Concerns under Canadian Law

    by Marel KATSIVELA 13 July 2021

    The present study focuses on legal and ethical questions raised with respect to autonomous – more specifically remotely controlled and fully autonomous – vessels and COLREGs under Canadian law. The legal questions revolve around issues such as whether an autonomous vessel may be qualified as a vessel under COLREGs and whether an autonomous vessel can …More

  • Issue 8

    Repressing Piracy off the Nigerian Waters: Lessons from Korea

    by Kalu Kingsley ANELE 13 July 2021

    Literature on piracy in Nigeria abound. However, limited insights have been suggested on how to effectively enforce antipiracy legislation through an enhanced institutional regime, from a comparative perspective. This study interrogates the significance of well-equipped and well-trained maritime regulatory and security institutions in enforcing antipiracy instruments in Nigeria. Thus, the study comparatively analyses Nigeria and …More

  • Issue 8

    A Strategic Proposal for Malaysia With Respect to the South China Sea Arbitration

    by Jessica MAZZEO 9 June 2021

    China has claimed sovereignty over the islands and archipelagos within the South China Sea dating back to 1947 when the ‘eleven-dash line’ was first published by the Nationalist government of the Republic of China. Malaysia is one country that is particularly impacted by China’s claim, which includes the Spratly Islands, a major pathway for global …More

  • Issue 7

    The EU Maritime Security Strategy and Climate Change: The Case of Maritime Transportation and New Challenges Ahead

    by Borja MONTES TOSCANO 13 August 2020

    Climate change has become one of the most critical concerns for mankind and urgent action is needed. The European Union (EU) Global Strategy of 2016 also considers climate change as a severe factor that may disrupt economic growth and endanger both citizens and territory. The International Maritime Organization (IMO) sought, but failed to reach, a …More

  • Issue 7

    The European Union is not a State: International Responsibility for Illegal, Unreported and Unregulated Fishing Activities

    by Lorenzo GASBARRI 6 July 2020

    This paper focuses on the responsibility of the European Union in the context of illegal, unreported and unregulated fishing activities. It aims to debate some of the legal issues that characterize its role as a global actor dealing with marine resources and the protection of the environment. For this purpose, I analyse an Advisory Opinion …More

  • Issue 7

    Why Evolving European SAR Policies Threaten Merchant Shipping

    by Richard KILPATRICK 20 March 2020

    Operators of commercial vessels have rescued tens of thousands of migrant seafarers in the Mediter- ranean Sea since 2014. For commercial actors, swift disembarkation of survivors is critical to ensure safety and prevent further disruption to the rescuing vessel’s primary voyage. From 2014 through 2017, European coastal states such as Italy, Malta, and Greece permitted …More

  • Issue 5

    The Common Heritage of Mankind in International Law: A Great Past but No Future?

    by Ornella FERRAJOLO 20 December 2019

    This paper addresses the Common Heritage of Mankind (CHM) with respect to marine and outer space resources, in light of relevant treaties. Possible developments concern internationally, the drafting of a special regulation on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction and, nationally, newly-adopted regulations on the commercial use of …More

  • Issue 7

    Appropriate Measures at Sea: Extraterritorial Enforcement Jurisdiction over Stateless Migrant Smuggling Vessels

    by Thea COVENTRY 20 December 2019

    The recent migrant crisis in the Mediterranean Sea has clearly revealed the unclear legal basis for interdicting stateless migrant smuggling vessels in international waters. Despite claims to unilateral enforcement powers by some Western states, the law of the sea does not provide a strong jurisdictional basis for seizing such vessels outside territorial waters. Western destination …More

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Editor: Institute for International Legal Studies, National Research Council of Italy
Director: Gemma Andreone
Copyright © 2020 Maritime Safety and Security Law Journal
ISSN 2464-9724

 

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