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Preface
Τhe present volume includes, in an enriched and updated version, the contribu-
tions to the 9
th
International Conference of Maritime Law, held in Piraeus on 13-
15 October 2016, on a subject entitled:
“
Maritime Safety and Security: Legal
implications to ships, cargo and the human element”
. It also contains three
papers of young jurists specializing in maritime law, which have been awarded
a prize in the context of an essay competition.
Respecting its own tradition, the Conference deals again with a multifaceted
synthetic subject, of a predominantly international dimension, which remains
at the forefront of the academic and practical interest. The issues related
to the maritime safety were discussed in three main sections, and the same
structure is adopted for the publication of the contributions. More particularly:
The first group focuses on the institutional framework governing safety in
navigation, seaworthiness and safety regarding the operation of the ship
throughout her whole life. Several issues are addressed here, such as the
liability of classification societies, ports of refuge, the role of port services,
the current EU and international regulation for an environmentally friendly
recycling and the problems arising thereof, as well as the adequacy of EU and
international safety rules. The analysis is not based only on a
de lege lata
approach; the industry’s point of view (P& I Clubs, ISU) is equally presented
in order to highlight the economic analysis of the applicable rules and the
eventual difficulties in their implementation. The regulatory improvement is
furthermore envisaged on a
de lege ferenda
basis, mainly at an intra-European
level.
The second group of contributions deals with the consequences of safety
defects and breaches in the execution of charters and contracts of carriage
by sea. The relevant charter parties’ clauses, as well as the third parties'
claims for damages related to the execution of the sea transportation or to
a maritime accident (i.e. arising from collision, wreck removal, oil pollution)
are addressed on a theoretical and case-law basis.
The third section is dedicated to the human element at sea, both at its active
dimension as recipient of the safety requirements, and its passive dimension
as a vulnerable category of potential victims. It covers the
ex ante
protection
and the
ex post
compensation of passengers, crew and any other person on
board. Current issues such as the ship owner’s liability for actions of armed