SPEAKING/ PUBLIC ENGAGEMENTS Professor D. Rhidian Thomas addressed the plenary meeting of the CMI Conference held atCape Town, South Africa, in February 2006, on problem areas in the English system of marineinsurance law.

Professor Richard Williams acted as chairman and gave lectures at a number of Masterclassesand seminars organised by the Lloyds Maritime Training Programme in London. He also gavelectures on a variety of topics at courses run by the Cambridge Academy of Transport in London andCambridge, and by the Business College of Athens in Greece.

Dr. Theodora Nikaki delivered a guest staff seminar and an LLM guest lecture at the Law Schoolof the University of Birmingham. Her lecture focused on the scope of application of the UNCITRALDraft Convention on the Carriage of Goods [Wholly or Partly] [by Sea].

Professor Jukka Snell acted as a panellist at the British Institute of International andcomparative Law for the European Law Programme Expert’s Meeting on “The Cross-Border Use ofPublic Documents” on 26 June, commenting on the papers by Peter Beaton of the EuropeanCommission and Dr Christophe Bernasconi of the Hague Conference on Private International Law.

This book, edited by Professor D Rhidian Thomas, is a product ofthe Colloquium on International Marine Insurance held at Swanseain 2005. It consists of an anthology of the speakers’ papers, asdeveloped in the months following the colloquium, together withan Introduction written by the editor and source materials set outin the Appendices. The book was published by Informa Law in2006 and contains the following chapters:

Chapter 1 - Trends in the interpretation ofmarine insurance contractsProfessor Malcolm Clarke, University of Cambridge

Chapter 2 - Insurable interest - Accelerating theliberal spiritProfessor D. Rhidian Thomas, IISTL

Chapter 3 - Pre-contractual Duty of UtmostGood Faith - Materiality and remediesMr Peter MacDonald Eggers, 7 Kings Bench Walk

Chapter 4 - The post-contractual duties of goodfaith in marine insurance policies - The searchfor elusive principles.Mr David Foxton Essex Court Chambers

Chapter 5 - Classification of Terms in MarineInsurance Contracts in the Context ofContemporary DevelopmentsDr Barış Soyer, IISTL

Chapter 6 - The New London MarketPrinciples's Slip Mr Peter Rogan Senior Partner Ince & Co

Chapter 7 - International Hull Clauses 2003Mr Chris Zavos, Partner Richards Butler

Chapter 8 - Comparative Marine Insurance Law:Highlighting the Significant Features of MarineInsurance Law in Belgium and other selectedEuropean Legal SystemsProfessor Marc Huybrechts, Leuven, Partner Elegis

Chapter 9 - Comparative Lessons derivablefrom the Norwegian Insurance Plan 1996.Mr Haakon Stang Lund, Partner Wikborg,Rein & Co

Chapter 10 - The Marine Insurance Act 1906 -Judicial Attitudes and Innovation: Time forReform?Mr Peter MacDonald Eggers

Personnel The Institute is delighted to welcome MånsJacobsson, recently retired from his positionas Director of the International Oil PollutionCompensation Fund, as a Visiting Fellow.Måns Jacobsson became Director of theInternational Oil Pollution Compensation Fundon 1 January 1985, following a career inSweden where he served as a judge andthereafter was appointed Assistant UnderSecretary and Head of Department forInternational Affairs in the Swedish Ministry ofJustice. He was later appointed President ofDivision of the Stockholm Court of Appeal.

In 2006, Dr. Barış Soyer was promoted toReader in Commercial and Maritime Law.

Paul Todd left the Institute in September 2006to take up a Chair at Plymouth University.

2007 Colloquium onTime CharterpartiesThe Institute will convene its thirdInternational Colloquium at Swanseaon 12 and 13 July 2007. TheProgramme will focus on timecharterparties, and seek to highlightcontemporary issues of important andbroad interest. The format will followthat of previous colloquia with aninternational and expert panel ofspeakers drawn from practice andacademia. Details of the programmeand speakers will be circulated byearly March.

Members of theInstitute ofInternational Shippingand Trade LawProfessor Rhidian ThomasDirectorInternational trade and payments, carriageof goods, marine insurance, reinsuranceand arbitration

Professor Richard WilliamsCarriage of goods and maritime liabilities

Professor Iwan DaviesPersonal property, finance and security

Professor Jukka SnellEU law, movement of goods andcompetition law

Dr Barış SoyerAdmiralty law, marine and non-marineinsurance and carriage of goods by sea

Dr Arwel DaviesInternational trade law and worldtrade law

Dr Theodora NikakiCarriage of goods by sea, multimodaltransport and conflict of laws

Jinlei ZhangResearch Assistant

Visiting Fellow

Mr Måns JacobssonOil pollution, environmental law

Administration

Gaynor PatersonAdministrator

April AdanahSecretary

Contact Details:

Professor D. Rhidian ThomasDirectorInstitute of International Shipping andTrade LawSwansea UniversitySchool of LawSingleton ParkSwansea University SA2 8PP

Tel: + (44) (0) 1792 295831Fax: + (44) (0) 1792 295855E-mail: D.R.Thomas@swansea.ac.uk

For further information, please visit ourweb-site at www.swan.ac.uk/law/istl

MARINE INSURANCE:THE LAW IN TRANSITION

The activities of theInstitute in 2006 havewitnessed a strengtheningof the Institute’sfoundations and thereaching out, still further, ofits range of activities. This, I believe, has beenaccompanied by a growingexternal awareness of thework and goals of theInstitute. Two of the Institute’smission goals are theadvancement of knowledgeand scholarship, and to bridgethe divide between academiaand practice by making itsexpertise in teaching and

research available to theshipping and legal fraternities.The record provided by thisreport is evidence that theInstitute isprogressingvigorouslytowards itsachievement.The Institute’stentacles arequite clearlypenetratingbeneficiallyinto thecrevices of legal andcommercial practice, with thedemand for its specialist

training programmesincreasing. In this regard weare justifiably proud to beassociated with leadingshipping and tradingorganisations andinternational law firms.The highlight of 2006 was thesecond internationalcolloquium on the subject ofliabilities in maritime laworganised by the Institute andconvened at Swansea, whichattracted an impressivecluster of internationalspeakers and delegates. Thepapers presented will again bepublished as a book byInforma, which will beavailable in the late spring,2007. The development of

theinternationalcolloquiarepresents acentral strandin the researchstrategy of theInstitute andsits alongsidethe widerefforts currently

being made to establish theInstitute as a national andinternational

research centre, which includesthe continuing development of thenew research library.In the final analysis anorganisation is only as good as itsmembership, and I wish to takethe opportunity provided by thisreport to pay tribute to the selflessdedication and industry of themembers of the Institute. Theircommitment to research and theother activities of the Institute areonly partially recorded in this briefreport, it has in truth been fargreater and the primary reason forthe success of the Institute. It isindeed rewarding to read the veryfavourable responses andcomments made by users of theInstitute’s professional servicesand participants in the eventsorganised by the Institute.In sum, 2006 has been a verysatisfactory year for the Institute.The omens continue to beencouraging and all concernedare enthusiastically lookingforward to continuing thedevelopment of the role and workof the Institute.

Professor D. Rhidian Thomas Director

We are justifiablyproud to be

associated withleading shipping

and tradingorganisations andinternational law

firms

PROFESSIONAL TRAINING • EVENTS • VISITING SPEAKERS RESEARCH • PUBLIC LECTURES • PUBLICATIONS

REPORTACTIVITIES 2006

ofThe

of

andTradeLaw

ShippingInternational

Institute

UNIVERSITY OF WALES SWANSEA

P R I F Y S G O L C Y M R U A B E RTAW E

ESTABLISHING STURDYFOUNDATIONS

PROFESSIONALTRAINING

RESEARCH ACTIVITIESThe Institute of InternationalShipping and Trade Lawcontinues to serve the trainingneeds of shippingorganisations and Cityinternational law firms. Thefollowing bespoke professionaltraining courses wereorganised in 2006:

VISITING SPEAKERSIN 2006In the course of the year, thefollowing visiting speakers deliveredguest lectures at the Institute:

Richard Caddell (Lecturer, University of Bangor)- Salvage of Historic Wrecks

Michael Harakis(Department for Transport)- Litigation or Arbitration? A Roadmap toDispute Resolution

Måns Jacobsson (Director of theInternational Oil Pollution Funds)- The International Regime on Liabilityand Compensation for ship-source OilPollution damage: The Legal and PoliticalAspects

Professor Lynn Mainwaring- Law and Economics

Captain David Thomas (Master andSurveyor)- The Collision Regulations

INSTITUTE RESEARCHLIBRARYThe year witnessed the opening ofthe Institute’s Research Library. TheLibrary is currently based in the LawSchool (Richard Price Building) andholds monographs, law reports,journals and other primary andsecondary materials in maritime,commercial and international tradelaw. The facilities of the Institutelibrary are available to members ofthe Institute, visiting lecturers andscholars and also research students.It is funded mainly by the Institute’sexternal activities, and has alsobeen generously sponsored byInforma.

BIMCO Courses Throughout 2006 the Director andProfessor Richard Williams providedspecialist masterclasses for the members ofBIMCO (the World’s largest organisationrepresenting shipowners) in Rotterdam,Istanbul, Montreal and Copenhagen on arange of subjects including bills of lading,time charterparties, dry cargo and tankerlaytime/demurrage. Professor Williams alsolectured on various shipping topics at theBIMCO summer school held in July inDenmark.

BP In-House Training Throughout 2006, the Director andProfessor Richard Williams organised in-house legal training courses oncharterparties and related topics for BPpersonnel in London, Singapore, HongKong, Cape Town and Chicago.

Foundation Courses for CityConsortium of Law FirmsIn 2006 the Institute provided FoundationCourses on Marine Insurance, Bills ofLading and Charterparties for a consortiumof six City international law firms, attendedby trainees and newly qualified solicitors.The lectures were delivered by the Director,Professor Richard Williams and Dr BarışSoyer.

It has been an extremely productive year for Professor D Rhidian Thomas. He contributed toMarine Insurance: The Law in Transition (edited by himself and published by Informa) with achapter entitled ‘Insurable interest - Accelerating the liberal spirit’, pp.15-47. He also publishedin the Lloyd’s Maritime and Commercial Law Quarterly (2006) LMCLQ 485-516 an article:‘Fraudulent insurance claims: Questions of definition, consequences and limitations’.This article intends to shed light on the meaning of fraudulent claims in insurance law andconsiders the remedies available. Furthermore, Professor Thomas contributed to a special issueon shipping law of the Singapore Academy Law Journal (Vol. 2, 2006) with an article (2006)18 SAcLJ 1-33 evaluating “The safe port promise of charterers from the perspective of theEnglish common law.” Last, but not least, his paper delivered at the 4th European ResearchSeminar on Maritime Law held at Nantes in September 2006: ‘The right of ship arrest withregard to ship-source marine pollution’ was published in the Yearbook on Maritime and OceanLaw, Institute of Maritime Law and Oceanographic Studies, University of Nantes, France.

In 2006 Professor Richard Williams jointly with Patrick Griggs and Jeremy Farr authored the4th edition of Limitation of Liability for Maritime Claims. The book, which is published by InformaLaw, is the leading text in the area.

Beyond from contributing to various case analyses in the Journal of International Maritime Law,Dr Barış Soyer also contributed to the Marine Insurance: The Law in Transition edited byProfessor Thomas with a chapter titled ‘Classification of Terms in Marine Insurance Contracts inthe Context of Contemporary Developments’ pp. 107-130. The chapter attempts to offer acomprehensive analysis of the legal nature of terms adopted in marine insurance contracts inthe light of recent judicial and market developments. It argues that recent developments havehad an impact on the drafting of the new standard International Hull Clauses 2003 andattempts to predict the approach courts might take in the years to come when construing thelegal nature of these terms.

Dr Theodora Nikaki published an article entitled ‘Conflicting Laws in ‘"Wet" Multimodal Carriage ofGoods: The UNCITRAL Draft Convention on the Carriage of Goods [Wholly or Partly] [by Sea]’ in theJournal of Maritime Law and Commerce, pp. 521-544 The article discusses proposed solutions topossible conflicts between the UNCITRAL Draft Convention and international conventions oninland/air transport with a view to assessing their effectiveness in resolving practical difficultiesconnected with multimodal transport. It argues that the proposed solutions do not resolve allpotential conflicts and, in the end, it proposes alternative conflict-of-conventions provisions.

Professor Iwan Davies published in the Oxford Journal of Legal Studies an article on ‘SecuredFinancing of Intellectual Property Assets and the Reform of English Personal Property SecurityLaw’ (2006) OJLS 559-583, which considers the proper goals for an effective credit andsecurity regime in IP. It examines the significance of the availability of collateral to the lendingdecision and also considers whether the reluctance to maximise the use of IP as securityreflects inherent difficulties which arise out of the nature of the IP as economic assets. This hasimplications for the reform of English personal property security law and the development ofbright line priority rules similar to that in Article 9 of the US Uniform Commercial Code, which isoften cited as a model for reform of English law.

RESEARCH EVENTIn 2006, the Institute held

its second International

Colloquium devoted to

the subject of Maritime

Legal Liabilities. The event provided a forumfor debate and scrutiny ofcontemporary topics, suchas liabilities arising out ofship source pollution,liabilities of ports, liabilitiesof salvors, liabilities ofclassification societies, the impact of the ISM and ISPS Codes on the evolution ofmaritime liabilities, passenger liabilities, liabilities for wrongful arrest of ships andlimitation of liability.

In addition to three members of the Institute, Prof. Thomas, Prof. Williams andDr. Soyer, the following distinguished delegates presented papers at the Colloquium:

- Dr Phil Anderson (Managing Director, ConsultISM Ltd, UK)- Mr Archie Bishop (Legal Adviser, International Salvage Union) - Professor Martin Davies (Director, Maritime Law Center, Tulane University, USA)- Mr Nigel Meeson QC (Quadrant Chambers, London, UK)- Professor Robert Force, (Director Emeritus, Maritime Law Centre,

Tulane University, USA)- Professor Eric van Hooydonk (University of Antwerp, Belgium)- Mr Måns Jacobsson (Director of the IOPC Funds, London, UK)- Mr Simon Kverndal QC (Quadrant Chambers, London, UK)- Professor P K Mukherjee (World Maritime University, Malmö, Sweden)- Professor Erik Røsæg (Director, Scandinavian Institute of Maritime Law,

University of Oslo, Norway)- Mr Colin de la Rue (Partner, Ince & Co, London, UK) - Professor Dr Frank Smeele (Erasmus University, The Netherlands)- Mr Toby Stephens (Solicitor, Holman Fenwick & Willan, London, UK)- Professor Andrew Tettenborn (Exeter University, UK)

The event was a great success attracting62 delegates from 10 differentcountries. Amongst the delegates, inaddition to academics, there weresolicitors, barristers, consultants andmarine surveyors representing a widespectrum of maritime practice. TheDepartment for Transport was also

represented by Mr Andrew Stewart (Marine Legal Division). The papers will bepublished in book format by Informa International in 2007.

Journal ofInternationalMaritime Law

The Institutecontinues tomake asignificanteditorialcontribution tothe Journal ofInternational

Maritime Law (www.lawtext.com)which also serves as an outlet forsome of the research carried outwithin the Institute.

SPEAKING/ PUBLIC ENGAGEMENTS Professor D. Rhidian Thomas addressed the plenary meeting of the CMI Conference held atCape Town, South Africa, in February 2006, on problem areas in the English system of marineinsurance law.

Professor Richard Williams acted as chairman and gave lectures at a number of Masterclassesand seminars organised by the Lloyds Maritime Training Programme in London. He also gavelectures on a variety of topics at courses run by the Cambridge Academy of Transport in London andCambridge, and by the Business College of Athens in Greece.

Dr. Theodora Nikaki delivered a guest staff seminar and an LLM guest lecture at the Law Schoolof the University of Birmingham. Her lecture focused on the scope of application of the UNCITRALDraft Convention on the Carriage of Goods [Wholly or Partly] [by Sea].

Professor Jukka Snell acted as a panellist at the British Institute of International andcomparative Law for the European Law Programme Expert’s Meeting on “The Cross-Border Use ofPublic Documents” on 26 June, commenting on the papers by Peter Beaton of the EuropeanCommission and Dr Christophe Bernasconi of the Hague Conference on Private International Law.

This book, edited by Professor D Rhidian Thomas, is a product ofthe Colloquium on International Marine Insurance held at Swanseain 2005. It consists of an anthology of the speakers’ papers, asdeveloped in the months following the colloquium, together withan Introduction written by the editor and source materials set outin the Appendices. The book was published by Informa Law in2006 and contains the following chapters:

Chapter 1 - Trends in the interpretation ofmarine insurance contractsProfessor Malcolm Clarke, University of Cambridge

Chapter 2 - Insurable interest - Accelerating theliberal spiritProfessor D. Rhidian Thomas, IISTL

Chapter 3 - Pre-contractual Duty of UtmostGood Faith - Materiality and remediesMr Peter MacDonald Eggers, 7 Kings Bench Walk

Chapter 4 - The post-contractual duties of goodfaith in marine insurance policies - The searchfor elusive principles.Mr David Foxton Essex Court Chambers

Chapter 5 - Classification of Terms in MarineInsurance Contracts in the Context ofContemporary DevelopmentsDr Barış Soyer, IISTL

Chapter 6 - The New London MarketPrinciples's Slip Mr Peter Rogan Senior Partner Ince & Co

Chapter 7 - International Hull Clauses 2003Mr Chris Zavos, Partner Richards Butler

Chapter 8 - Comparative Marine Insurance Law:Highlighting the Significant Features of MarineInsurance Law in Belgium and other selectedEuropean Legal SystemsProfessor Marc Huybrechts, Leuven, Partner Elegis

Chapter 9 - Comparative Lessons derivablefrom the Norwegian Insurance Plan 1996.Mr Haakon Stang Lund, Partner Wikborg,Rein & Co

Chapter 10 - The Marine Insurance Act 1906 -Judicial Attitudes and Innovation: Time forReform?Mr Peter MacDonald Eggers

Personnel The Institute is delighted to welcome MånsJacobsson, recently retired from his positionas Director of the International Oil PollutionCompensation Fund, as a Visiting Fellow.Måns Jacobsson became Director of theInternational Oil Pollution Compensation Fundon 1 January 1985, following a career inSweden where he served as a judge andthereafter was appointed Assistant UnderSecretary and Head of Department forInternational Affairs in the Swedish Ministry ofJustice. He was later appointed President ofDivision of the Stockholm Court of Appeal.

In 2006, Dr. Barış Soyer was promoted toReader in Commercial and Maritime Law.

Paul Todd left the Institute in September 2006to take up a Chair at Plymouth University.

2007 Colloquium onTime CharterpartiesThe Institute will convene its thirdInternational Colloquium at Swanseaon 12 and 13 July 2007. TheProgramme will focus on timecharterparties, and seek to highlightcontemporary issues of important andbroad interest. The format will followthat of previous colloquia with aninternational and expert panel ofspeakers drawn from practice andacademia. Details of the programmeand speakers will be circulated byearly March.

Members of theInstitute ofInternational Shippingand Trade LawProfessor Rhidian ThomasDirectorInternational trade and payments, carriageof goods, marine insurance, reinsuranceand arbitration

Professor Richard WilliamsCarriage of goods and maritime liabilities

Professor Iwan DaviesPersonal property, finance and security

Professor Jukka SnellEU law, movement of goods andcompetition law

Dr Barış SoyerAdmiralty law, marine and non-marineinsurance and carriage of goods by sea

Dr Arwel DaviesInternational trade law and worldtrade law

Dr Theodora NikakiCarriage of goods by sea, multimodaltransport and conflict of laws

Jinlei ZhangResearch Assistant

Visiting Fellow

Mr Måns JacobssonOil pollution, environmental law

Administration

Gaynor PatersonAdministrator

April AdanahSecretary

Contact Details:

Professor D. Rhidian ThomasDirectorInstitute of International Shipping andTrade LawSwansea UniversitySchool of LawSingleton ParkSwansea University SA2 8PP

Tel: + (44) (0) 1792 295831Fax: + (44) (0) 1792 295855E-mail: D.R.Thomas@swansea.ac.uk

For further information, please visit ourweb-site at www.swan.ac.uk/law/istl

MARINE INSURANCE:THE LAW IN TRANSITION

The activities of theInstitute in 2006 havewitnessed a strengtheningof the Institute’sfoundations and thereaching out, still further, ofits range of activities. This, I believe, has beenaccompanied by a growingexternal awareness of thework and goals of theInstitute. Two of the Institute’smission goals are theadvancement of knowledgeand scholarship, and to bridgethe divide between academiaand practice by making itsexpertise in teaching and

research available to theshipping and legal fraternities.The record provided by thisreport is evidence that theInstitute isprogressingvigorouslytowards itsachievement.The Institute’stentacles arequite clearlypenetratingbeneficiallyinto thecrevices of legal andcommercial practice, with thedemand for its specialist

training programmesincreasing. In this regard weare justifiably proud to beassociated with leadingshipping and tradingorganisations andinternational law firms.The highlight of 2006 was thesecond internationalcolloquium on the subject ofliabilities in maritime laworganised by the Institute andconvened at Swansea, whichattracted an impressivecluster of internationalspeakers and delegates. Thepapers presented will again bepublished as a book byInforma, which will beavailable in the late spring,2007. The development of

theinternationalcolloquiarepresents acentral strandin the researchstrategy of theInstitute andsits alongsidethe widerefforts currently

being made to establish theInstitute as a national andinternational

research centre, which includesthe continuing development of thenew research library.In the final analysis anorganisation is only as good as itsmembership, and I wish to takethe opportunity provided by thisreport to pay tribute to the selflessdedication and industry of themembers of the Institute. Theircommitment to research and theother activities of the Institute areonly partially recorded in this briefreport, it has in truth been fargreater and the primary reason forthe success of the Institute. It isindeed rewarding to read the veryfavourable responses andcomments made by users of theInstitute’s professional servicesand participants in the eventsorganised by the Institute.In sum, 2006 has been a verysatisfactory year for the Institute.The omens continue to beencouraging and all concernedare enthusiastically lookingforward to continuing thedevelopment of the role and workof the Institute.

Professor D. Rhidian Thomas Director

We are justifiablyproud to be

associated withleading shipping

and tradingorganisations andinternational law

firms

PROFESSIONAL TRAINING • EVENTS • VISITING SPEAKERS RESEARCH • PUBLIC LECTURES • PUBLICATIONS

REPORTACTIVITIES 2006

ofThe

of

andTradeLaw

ShippingInternational

Institute

UNIVERSITY OF WALES SWANSEA

P R I F Y S G O L C Y M R U A B E RTAW E

ESTABLISHING STURDYFOUNDATIONS