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REPORTofACTIVITIES 2011

Director’s ReportSince its foundation in 2000, the main

objective of the Institute of InternationalShipping and Trade Law (IISTL) has been

to contribute to research, knowledge exchangeand policy development in the realms ofinternational trade and shipping law. 2011 hasproven to be yet another productive year inwhich the IISTL has excelled in all those areas.

The IISTL has continued to be the main driver of theLaw School’s research agenda throughout 2011.Its 7th Annual Colloquium, devoted tolegal issues relating to pollution atsea, brought together a distinguishedteam of experts from academia,industry and legal practice andprovided a platform for its membersto disseminate their research to thepublic. An advanced version of thepapers presented at the event will bepublished in 2012 by Lloyd’s Listunder the editorship of ProfessorAndrew Tettenborn and myself. This event also had considerablesentimental undertones as it wasdedicated to Professor D. RhidianThomas, the recently-retired FoundingDirector of the IISTL, in recognition ofhis contribution to the Institute andthe wider School of Law at Swansea.On a slightly different note, the IISTLwas also involved in organising theIP Lecture delivered by Professor IanHargreaves, in cooperation with CapitalLaw, which marked the integration ofIP Wales with the IISTL. Mr Andrew Beale OBE, directorof IP Wales, has made an immense contribution to thedevelopment of IP awareness within Wales and is awell-known figure within the WorldIntellectual Property Organisation.

It is remarkable that despite the globaleconomic downturn, there has been nodecline in the demand for the popularprofessional training courses offered by theIISTL. This is tribute to the professionalismof the members of the IISTL involved inthe delivery of these programmes. Mostnotably, however, the architect of our success in thisventure is Professor Richard Williams, who is awell-known and respected figure both in legal practiceand academia.

On individual level, the members of the IISTL remainat the top of their game. Research outputs of highestquality have been published, contributing to theongoing development of the law. It is now a common

occurrence to see court decisions citing the work ofInstitute members with approval. Several colleagueshave made significant contributions to the work ofnational and international bodies and agencies, aswell as the policies of non-governmental organisations.Moreover, on an academic level, it is a great honourfor the IISTL that one of its members, ProfessorDennis Patterson, has been appointed to the LawResearch Excellence Framework (REF) Panel, whichwill be shortly entrusted with the task of assessinglegal research across the various UK Law Schools.

It is also reassuring and encouraging to see thatthe wider university has recognised the key role thatthe IISTL plays in promoting the Law School, by

facilitating further investment in itspersonnel through the appointment oftwo new lecturers. We are confidentthat these new appointments will havean immense contribution to make tothe work of the IISTL for many yearsto come. With 11 full-time and3 associated members, the IISTL isone of the largest research centres inEurope working in the field. It is a

privilege for me to lead such an impressive teamof experts. I am grateful to each of them for theircontribution to the work of the IISTL and I amlooking forward to working with them on newprojects in 2012.

Professor B. SoyerDirector, IISTL

From left to right: Mr Charles Anderson (Skuld North America),Mr Patrick Griggs (Past President of the CMI and Consultant toInce & Co) and Professor Barıs Soyer (Director of the IISTL)answering questions from the audience following the delivery oftheir papers at the IISTL’s 7th Annual Colloquium

2011 HASPROVEN TO BEYET ANOTHERPRODUCTIVEYEAR IN WHICHTHE IISTL HASEXCELLED

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Bridging Academia, Practice, Law andPolicy - Mission Critical for the IISTLAs one of its core missions, the IISTL

has traditionally strived to contributeto the ongoing development of the

law, practice and policy of marine affairs.In recent months, the IISTL has exercised aclear impact in these areas, informingdeliberations at a variety of policy tiers.

Professor Andrew Tettenborn’s Law of Restitutionin England and Ireland was endorsed by theCourt of Appeal in Sinclair v. Versailles [2011]EWCA Civ 347, overturning a previouslyunsatisfactory precedent concerning secretprofits made by agents. Likewise, his views werealso highly influential in The Mercini Lady[2010] EWCA 1145, concerning on the weightaccorded to a particular exemption clause bythe parties. Meanwhile, Professor D. R. Thomas’work on arbitration awards was endorsed byHammerschlag, J. (New South Wales SupremeCourt) in Barry Smith Grains Pty Limited (inliquidation) v. Riordan Group Pty Limited [2010]NSWSC 1291, a key case in Australia. Earlier,Thomas’ views were also helpful in determiningthe effects of withdrawal of fraudulent claims inDirect Line v. Fox [2009] EWHC 386.

On the policy front, Professor Barıs Soyer’s workhas significantly informed the ongoing reform ofinsurance law in England and Wales. ProfessorSoyer’s leading treatise, Warranties in MarineInsurance, has had a strong impact on thetrajectory of insurance law reform since 2006.The second edition was cited in The LawCommission Consultative Paper No 182, withSoyer’s suggestions for statutory reform provingvery influential in the final proposals of this body.Further work in the field of the duty of utmostgood faith by Professor Soyer has alsopermeated the thinking of the Law Commissionin its deliberations. Professor Richard Williamshas participated heavily in a Working Groupestablished by the UK government to deliberateaccession to the Rotterdam Rules.

On a more ecological note, Dr Richard Caddell’swork has had particular influence on marineconservation. Dr Caddell co-authored a reportthat informed the reform process of theConvention on Migratory Species at its recentConference of the Parties in November 2011.

In March 2011, Dr Caddell was invited topresent a briefing at the Senedd of the WelshGovernment, ascertaining the precise powerstransferred to Cardiff under the devolutionsettlement and the Marine and Coastal AccessAct 2009 concerning the conservation of themarine environment in the Welsh territorial sea.He is currently working with the Whale andDolphin Conservation Society, where a majorreport on the current state of protection forwhales, dolphins and porpoises in UK watersis due for publication in January 2012.Beyond these legislative and judicialconsiderations, the IISTL continues to play aprominent role in advancing the academicstudy of a broad range of themes inshipping and trade law. In 2011, ProfessorDennis Patterson was appointed to theLaw Research Excellence FrameworkPanel and will play a prominent role inassessing the research work of

academics across the UK in 2014. InSeptember 2011, Dr Caddell was appointedConvener of the Maritime Law Section of theSociety of Legal Scholars, a leading society foracademic lawyers, while Dr Theodora Nikaki willcontinue as Deputy Convener. Together they willbe responsible for representing maritimeinterests within the Society and for conveningthe maritime section of the Society’s vibrantAnnual Conference. Meanwhile, in conjunctionwith the IP Wales project formally joining theIISTL, Mr Andrew Beale OBE convened theinaugural IP Wales/Capital Law lecture inOctober 2011. The lecture series, held inconjunction with leading firm Capital Law,was launched with Professor Ian Hargreavesdelivering the maiden address. As well asorganising individual events, alongside the long-standing Annual Colloquia, IISTL membersare regularly invited to speak at highlyprestigious fora. In March 2011, Dr Caddellgave a lecture at the invitation of Gregory Jones,QC examining the maritime application of the EUHabitats Directive at an event to mark the lifeand achievements of Lord Kingsland, QC. InOctober 2011 Professor Tettenborn was invitedto address the Professional Negligence BarAssociation in Gray’s Inn, examining the liabilityof legal practitioners.

The members of the Institute continue to serve the training needs ofinternational shipping organisations and companies, and City international lawfirms in various ways. Members of the Institute participated in the followingprofessional training courses in 2011:

BIMCO CoursesProfessors Barıs Soyer,Rhidian Thomas and Richard Williamsprovided specialist masterclassesfor BIMCO (the world’s largestshipowners’ organisation) inRotterdam, St Petersburg andGeneva on charter party issues,marine cargo claims and theinternational sale and carriageof goods and Professor Williamsalso conducted a specialistcourse on charter parties forBIMCO in Cairo.

Shipping Foundation Courses for CityConsortium of Law FirmsMembers of the Institute provided FoundationCourses on marine insurance, bills of lading,charter parties and shipbuilding contracts for aconsortium of six City international law firms,attended by trainees and newly qualified solicitors.The lectures were delivered by Professors BarısSoyer, Andrew Tettenborn, Rhidian Thomas,Richard Williams and by Dr Theodora Nikaki.

Lloyds Maritime Academy(LMA, Informa London)Professor Richard Williams chaired and gavelectures on various topics at a number ofMasterclasses in London relating to bills of lading and charter parties andconducted a specialist course on charter parties for Informa in Qatar.

IBC (Asia)Professor Richard Williams conducted courses on charter party issues,bills of lading and laytime and demurrage for IBC (Asia) on a number ofoccasions in Hong Kong and Singapore.

Dr Caddell at the Senedd of theWelsh Government

PROFESSIONAL TRAINING

Professor Richard Williamsspeaking at one of the

training events

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Dr Richard Caddell contributed‘Caught in the Net: Driftnet Fishing andEuropean Court of Justice’ 23 Journal ofEnvironmental Law 301 - 314 and has anumber of papers currently in press,including the forthcoming collection ofpapers from the Institute's Sixth AnnualColloquium.

Dr Theodora Nikaki published an articleentitled ‘Himalaya Clauses and theRotterdam Rules’ (2011) Journal ofInternational Maritime Law 20 - 40. She iscurrently working on an article on carriageof goods by sea and her book on The LegalContext of International MultimodalTransport: From the UN Multimodal TransportConvention 1980 to the Rotterdam Rules 2009and beyond to be published by RoutledgeInforma.

Professor Barıs Soyer contributed Chapter 6(pp 97 -109) titled ‘Funds’ Admissibility Criteriafor Pure Economic Loss Claims versus BritishJudicial Stand: Complimentary or Contradictory?’in the book titled Maritime Pollution Liability andPolicy (Kluwer, 2011). He also wrote severalcase analyses and reviews published in theLloyd’s Maritime and Commercial Law Quarterlyand Journal of International Maritime Law.Professor Soyer is currently completing his bookon Marine Insurance Fraud.

Professor Andrew Tettenborn has helped tobring out the tenth edition of Fleming’s Law ofTorts and, with Professors Andrews, Clarke andVirgo, produced the major new practitioners’book Contractual Duties: Performance, Breach,Termination and Remedies. The book ispublished by Sweet & Maxwell and is due tobe released in January 2012.

Professor Rhidian Thomas contributed anarticle titled ‘Perils of the Seas as an InsuredMaritime Peril’, in Free on Board: LiberAmicorum Marc A. Huybrechts, (Intersentia,2011) pp 571-600; and authored the ShippingLaw section of The All England Law Reports,Annual Review 2011.

Dr Shuangge Wen published research in 2011,which has centred on the evolvement ofcorporate objective in the UK, including journalarticles ‘The Magnitude of Shareholder Value asthe Overriding Objective in the UK - The Post-Crisis Perspective’ 26(7) Journal of InternationalBanking Law and Regulation 325 - 338;‘Exploring the Rationale of EnlightenedShareholder Value (ESV) in the Realm of UKCompany Law - The Path DependencePerspective’, vol (XIV) International Trade andBusiness Law Review 153 - 173 (with J Zhao).Her immediate research activity involvesan exploration of the changing perspectives ofshareholder empowerment in the wake of thecrisis.

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RESEARCH PUBLICATIONSOF MEMBERS

Dr Richard Caddell presented a briefing paperto the Welsh Assembly, concerning the emergenceof devolved powers over the marine environmentin Wales. He was also invited by Gregory JonesQC to contribute a paper on the MaritimeApplication of the Habitats Directive at aconference at King's College London in honourof the late Lord Kingsland QC, and presented apaper on the reform of the Convention onMigratory Species at the University of Granada,Spain.

Dr George Leloudas delivered guest lectureson aviation insurance law and international airlaw for the International Air Transport Association(IATA) in London, Singapore and Tel Aviv.

Dr Theodora Nikaki was awarded a VisitingFellowship at the Institute of Advanced LegalStudies (IALS) of the University of London by theInstitute’s Research Committee during the 2011- 2012 academic year. IALS has over the yearswelcomed large numbers of establishedscholars, mostly from overseas, to work in itswell stocked library. The Fellowships is intendedto create close working relationships withscholars from other institutions, from overseas

or in the United Kingdom, who are undertakingwork within fields covered by or adjacent to itsown research programmes, and who would liketo base themselves for a period at the Institute.Dr Nikaki’s research at the IALS will furtherassist in the research and writing of her bookon multimodal transport.

Professor Barıs Soyer delivered guest lectureson various aspects of insurance law in a numberof universities in PR China including DalianMaritime University and Shanghai MaritimeUniversity.

Professor Andrew Tettenborn has deliveredcourses in comparative private law in theUniversity of Cambridge summer programme. Inaddition he is part of a committee composed ofsenior law professors and judges set up to drafta Restatement of the English law of unjustenrichment.

Professor Rhidian Thomas was appointed tothe National Franqui Chair of Law at LeuvenUniversity, Belgium, for the academic year 2010- 2011. In September he presented a papertitled ‘Multimodalism and Through Transport -

Language, Concepts and Categories’ at the OSTSeminar held at Tulane University. He alsodelivered lectures on marine and P& I insuranceat the Universities of Lund and Erasmus; andcontributed to distance learning programmes onmarine pollution and marine reinsurance offeredby Informa. He continues to be Editor-in-Chief ofthe Journal of International Maritime Law andcontributes editorials, case analyses and bookreviews.

Dr Shuangge Wen was invited to deliver guestlectures on issues of company law andcorporate governance at the University ofSalford.

Professor Richard Williams delivered a paperon the Rotterdam Rules at a seminar organisedby the London Shipping Law Centre in March2011 for its members in London. The eventwas held at Thomas Miller & Co and waschaired by Anthony Diamond QC. ProfessorWilliams currently acts as a member of theConsultative Committee established by theDepartment for Transport to consider theimpact of the Rotterdam Rules in the UnitedKingdom.

Extramural Activities

Following its well established tradition of visitinglectures, in 2011, the Institute has invited thefollowing distinguished Guest Speakers to deliverlectures to its members, PhD students and LLMstudents studying commercial, trade and maritimelaw modules:

Mr Ian Derrick (Deputy Agent of the Bank ofEngland- Agency for Wales ) - The Work of theBank of England

Mr Måns Jacobsson (former Director of theInternational Oil Pollution Compensation Fundsand Visiting Fellow IISTL) - Making InternationalConventions

Mr John Minton (Consultant Petroleum Chemistand Marine Surveyor, Minton, Treharne & DaviesLtd) - Scientific Investigation of Marine Claims

Mr Richard Neylon (Partner, Holman FenwickWillan LLP) - Piracy in Somalia - How to Resolvethe Hijacking of A Ship: A Maritime Lawyer'sPerspective

Mr Nick Platt (Vice President and Special Adviserof the Gard P & I Club (UK) Ltd - Work andPractice of P& I Clubs

Mr Hugh Shaw (The Secretary of State’sRepresentative for Maritime Salvage andIntervention (SOSREP)) - Dealing with MaritimeEmergencies in UK Waters: The Role of the UKSecretary of State’s Representative (SOSREP)

Visiting Lectures

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Professor Barıs Soyer - DirectorAdmiralty law, marine and non-marine insuranceand carriage of goods by sea Mr Andrew BealeIP, asset management and trade Dr Richard CaddellLaw of the sea, marine environmental conservation,fisheries, EU maritime law Dr Arwel DaviesInternational trade law and world trade lawDr George LeloudasMultimodal transport and air lawDr Theodora NikakiCarriage of goods by sea, multimodal transport,international trade law and conflict of laws Professor Dennis PattersonInternational trade and world trade lawProfessor Andrew TettenbornInternational trade law, payments and finance,commercial law

Professor D. Rhidian ThomasInternational trade and payments, carriage of goods,marine insurance, reinsurance, admiralty andarbitration Dr Shuangge WenCorporate law and conflict of lawsProfessor Richard WilliamsCarriage of goods and maritime liabilitiesMr Rui Zheng Research Assistant

Visiting FellowsMr Peter Macdonald-EggersInsurance and reinsurance law, commercial lawMr Måns JacobssonOil pollution, environmental lawMr Simon Rainey QCAdmiralty law, maritime law, arbitration

AdministrationMs April Adanah - Administrator

Members of the Instituteof International Shipping and Trade Law

Contact DetailsProfessor Barıs Soyer, DirectorInstitute of International Shipping and Trade LawSwansea UniversitySchool of LawSingleton ParkSwansea UniversitySA2 8PP

Tel: +(44) (0) 1792 295831Fax: +(44) (0) 1792 295855e-mail: B.Soyer@swansea.ac.uk

istl@swansea.ac.uk

www.swansea.ac.uk/law/istl

The IISTL is a Research Centre within theCollege of Business, Economics and Law,Swansea University.

PERSONNEL

T he membership of the IISTL hasincreased significantly in thecourse of 2011. In January,

Professor Dennis Patterson joined theIISTL. Professor Patterson has animpeccable academic reputation andwill assist the IISTL in expanding itsremit towards the public lawdimensions of international trade. At the same time, Mr Andrew BealeOBE, a leading IP Lawyer, also joinedthe IISTL.

In October, two early careerscholars, Dr George Leloudas and Dr Shuangge Wen, also joined theranks of the IISTL. Dr Leloudas holdsa PhD degree from CambridgeUniversity and has also worked inlegal practice for several years.He is the author of a monographpublished by Informa Publishing,Risk and Liability in Air Law, and isan expert in air law and multimodaltransport. Dr Wen is an expert incompany law and conflict of laws andholds a PhD degree from ManchesterUniversity. Prior to joining the IISTL,she was a lecturer at the Universityof Liverpool and is the author of agrowing list of articles.

Last but not least, we all welcomeMs April Adanah who returns as theIISTL administrator after a period ofsecondment within the University.April takes over from Ms MichelleMeacham, who has done a sterlingjob in the course of the past year.We would also like to thankMs Helen Sumner, Marketing Officerof the Law School, for her assistancein the preparation of our promotionalmaterials and the IISTL’s AnnualColloquium.

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The IISTL Once Again Attractsthe Attention of the MaritimeWorld to SwanseaT he IISTL’s seventh annual international Colloquium on

13-14 September 2011 focused on issues relatingto pollution at sea addressing a range of topics,

including the regulation of hazardous and noxioussubstances; liability for ships’ bunkers, offshore installationsand crafts; the development of EU law on pollution claims;environmental salvage; P& I cover for pollution;criminalization of seafarers; the regulatory impact of portstate control; and the legal liability of a number ofunexplored potential defendants. The event broughttogether a team of experts drawn from legal practice,industry and academia and provided a platform for vigorousand informed debate on significant ongoing and emerging aspects of the subject.

In addition to three IISTL members (Professors Barıs Soyer, Andrew Tettenborn and Richard Williams),the following distinguished guests presented papers at the event:

Mr Charles Anderson (Skuld North America Inc., USA)Mr Simon Baughen (Bristol University, UK)Mr Archie Bishop (Holman, Fenwick and Willan and the International Salvage Union, UK)Mr Colin de la Rue (Ince & Co, UK)Mr Luc Grellet (Reed Smith, Paris, France)Mr Patrick Griggs (Ince & Co, Former President of the CMI, UK)Professor Marc Huybrechts (University of Leuven, Belgium)Mr Måns Jacobsson (Former Director of the IOPC Funds, Sweden)Dr Oya Özçayir (Director, Law of the Sea Consultants, Turkey)Mr Simon Rainey, QC (Quadrant Chambers, UK)Mr Luke Readman (Thomas Miller P & I Club, UK)Dr Henrik Ringbom (European Maritime Safety Agency, Portugal)

Commenting on the Colloquium, Professor Barıs Soyer, Director of the IISTL, said “it is very pleasing to seethat our annual colloquia have become firmly established as a key fixture in the international maritime lawcalendar, attracting not only academic lawyers but also leading legal practitioners and industry experts.One of the primary objectives of the IISTL is to bridge the gap between academia and practice and thisevent goes a long way in achieving that goal. I would like to take this opportunity to thank all the speakers,delegates and particularly the members of the IISTL for their support in making this another highlysuccessful event.”

This year, the Colloquium dinner was held at the Swansea Maritime Museum, presenting a greatopportunity for the delegates to enjoy the picturesque view of Swansea marina and its coastline, as wellas the unique collection held at the Museum. The event was kindly sponsored by the Informa Publishing.A book comprising an advanced version of the papers presented at the event will also be published by

Informa in the spring of 2012 with the title ‘Pollution at Sea: Law and Liability.’

Professor Andrew Tettenborn presenting hispaper at the Colloquium

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