What Challenges Lie Ahead for Maritime
Law?
Måns Jacobsson
Abstract An overview is given of the harmonisation of maritime law that has taken
place since the beginning of the twentieth century. The future role of the Committees
of the International Maritime Organization (IMO) in the development of conventions
is examined. The recent decisions by the IMO Legal Committee not to develop
conventions on two subjects which are not covered by any conventions, namely civil
liability for oil pollution caused by offshore activities and recognition of foreign
judicial sales of ships, are discussed. The opening of the polar regions to shipping
has resulted in the adoption by IMO of the Polar Code and has made it necessary to
consider whether existing treaties need to be amended to take into account the
unique conditions in these regions. In addition, the emergence of unmanned ships
of various types is giving rise to a number of legal problems as regards the
interpretation of existing conventions and their adaptation to such craft. The work
carried out so far in these two fields is summarized, and a number of the legal issues
that require a solution are highlighted.
1 Introduction
Already in ancient times efforts were made to achieve a regional harmonisation of
maritime law. In the Mediterranean region steps to this end were taken many
centuries BC. From the seventh to the twelfth centuries AC the Rhodian Sea Law
(the Lex Rhodia) had an important role in the Mediterranean. The Rolls of Oleron
were widely applied in the Atlantic trade from the thirteenth century, and in the
fifteenth century the Laws of Visby were developed in the Baltic Sea area by the
Hanseatic League.
In the twentieth and twenty-first centuries a large number of treaties and other
international instruments were developed for the purpose of harmonising maritime
law. As a result, most main areas pertaining to shipping are today covered by
M. Jacobsson (*)
World Maritime University (WMU), Malmö, Sweden
© Springer Nature Switzerland AG 2020
P. K. Mukherjee et al. (eds.), Maritime Law in Motion, WMU Studies in Maritime
Affairs 8, https://doi.org/10.1007/978-3-030-31749-2_13
257
Law?
Måns Jacobsson
Abstract An overview is given of the harmonisation of maritime law that has taken
place since the beginning of the twentieth century. The future role of the Committees
of the International Maritime Organization (IMO) in the development of conventions
is examined. The recent decisions by the IMO Legal Committee not to develop
conventions on two subjects which are not covered by any conventions, namely civil
liability for oil pollution caused by offshore activities and recognition of foreign
judicial sales of ships, are discussed. The opening of the polar regions to shipping
has resulted in the adoption by IMO of the Polar Code and has made it necessary to
consider whether existing treaties need to be amended to take into account the
unique conditions in these regions. In addition, the emergence of unmanned ships
of various types is giving rise to a number of legal problems as regards the
interpretation of existing conventions and their adaptation to such craft. The work
carried out so far in these two fields is summarized, and a number of the legal issues
that require a solution are highlighted.
1 Introduction
Already in ancient times efforts were made to achieve a regional harmonisation of
maritime law. In the Mediterranean region steps to this end were taken many
centuries BC. From the seventh to the twelfth centuries AC the Rhodian Sea Law
(the Lex Rhodia) had an important role in the Mediterranean. The Rolls of Oleron
were widely applied in the Atlantic trade from the thirteenth century, and in the
fifteenth century the Laws of Visby were developed in the Baltic Sea area by the
Hanseatic League.
In the twentieth and twenty-first centuries a large number of treaties and other
international instruments were developed for the purpose of harmonising maritime
law. As a result, most main areas pertaining to shipping are today covered by
M. Jacobsson (*)
World Maritime University (WMU), Malmö, Sweden
© Springer Nature Switzerland AG 2020
P. K. Mukherjee et al. (eds.), Maritime Law in Motion, WMU Studies in Maritime
Affairs 8, https://doi.org/10.1007/978-3-030-31749-2_13
257