2021

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