IN THIS ISSUE
1. European Court gives its First judgment on Sanctions against Russia
2. UK Transport Select Committee-New Inquiry: Maritime Growth Study
3. Nigerian Maritime Law Association
4. Amazon is Building an Uber for Trucking App
5. Remember the Seafarer
6. People and Places
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The Maritime Advocate–A Growing Concern
This publication, nicknamed "the Avo" passed
a milestone this summer. It has passed the 20 000 subscriber mark, the
highest total since its foundation in 2001. As a result of hand-ons
and internal republications within firms, it is fair to assume a total
readership of around 60 000 located in 120 countries. This gives the
Avo a very wide footprint in the maritime world. If you have a message
or product to promote or circulate, the Avo can promise to get the word
out at affordable rates. Give us a try why don’t you..
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1. European Court gives its First judgment on Sanctions against
Russia
The following note appears in the Cases of Interest zine Issued by
Brick Court Chambers
The General Court of the European Union in Luxembourg has given its
judgment on 30/11/16 in Case T-720/14 brought by Arkady Rotenberg, the
first case in which someone has challenged the EU’s Russia sanctions
regime.
The Court held that Mr Rotenberg’s original listing in July 2014
was unlawful, because the EU could not prove that he held shares in
two companies the EU said showed he was "associated with people
responsible for undermining the territorial integrity of Ukraine"
(in order to fulfil that criterion, the Court said the EU would have
to have demonstrated “a direct or indirect link” between the
activities or actions of listed people and the situation in Ukraine).
And because the EU institutions could not show that he “benefited
from decision-makers who were responsible for the annexation of Crimea”,
because the EU Council had relied on contracts Mr Rotenberg’s companies
had won for the Sochi Olympics that had been awarded before President
Putin had threatened the annexation of Crimea. The Court said that in
order for that criterion to satisfy the principle of legal certainty,
it had to be interpreted to mean that the Russian decision-makers in
question (who had to be named) “should already at the very least
have started to prepare the annexation of Crimea and the destabilisation
of Eastern Ukraine” in which case those benefiting from those decision-
makers could not have been “unaware of the involvement of those
decision-makers” in those preparations, and that they would be
prevented from supporting those decision-makers by the resources they
derived from those benefits being targeted.
Mr Rotenberg’s listing in July 2015 was also in part unlawful
because it repeated those two reasons. However, the July 2015 listing
was upheld because it had added two new reasons for suggesting that
Mr Rotenberg had benefited from decision-makers (in this case President
Putin) responsible for annexation of Crimea which the Court said were
sufficient, namely that Mr Rotenberg:
owns Stroygazmontazh which had been awarded a contract to build a bridge
between Russia and Crimea, which the Court held would undermine Ukraine’s
territorial integrity; and
is the Chairman of the publishing house Prosvescheniye, and as chairman
the Court said Mr Rotenberg “could not reasonably have been unaware
of the editorial line in publications of the publishing house which
he headed” namely a public relations campaign to persuade Crimean
children that they are Russian citizens.
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2. UK Transport Select Committee-New Inquiry: Maritime Growth Study
The Transport Committee is launching a new inquiry into industry
and government action in response to the Maritime Growth Study, a report
on the UK’s maritime sector, published by the Department for Transport
in September 2015.
The report was the culmination of an in-depth study of the whole UK
maritime sector: shipping and ports, and the range of associated business
services. It set out a number of recommendations, to the maritime industry
and the Government, designed to ensure the UK’s maintains its status
as a world-leading maritime centre, and can take advantage of opportunities
for global growth.
The Committee intends to monitor progress towards implementation of
the Study’s recommendations, and consider the adequacy of the overall
strategy for the UK maritime sector, including in the context of the
UK exiting the European Union.
The inquiry
The Committee invites written evidence submissions addressing one or
more of the following points:
· The work of the UK maritime industry, and the UK Government,
in providing leadership and a coherent vision for the maritime sector
as a whole;
· The success to date of actions to increase the commercial focus
and culture of the Maritime and Coastguard Agency;
· The success to date of actions to grow the UK Ship Register
(the “UK Flag”);
· Steps taken by the industry and the UK Government to identify
and address maritime skills shortages, including the Maritime Skills
Investment Fund; maritime apprenticeships; training schemes; and promotion
of maritime careers;
· Industry progress towards the development of a single marketing
strategy for the UK maritime sector;
· The UK Government’s progress towards the promotion of
the maritime sector to inward investors, including through UK Trade
and Investment and foreign embassies;
· Industry and UK Government progress towards increasing the
competitiveness of UK ports, including through investment in surface
access;
· Industry and UK Government support for the UK cruise industry;
and
· The adequacy of the overall plan for the UK maritime sector,
including in the context of the potential implications of the UK exiting
the European Union, and how the strategy may need to evolve.
The deadline for written submissions via the Committee website is Friday
24 February 2017.
Further Information:-
Committee membership:
Mrs Louise Ellman (Labour/Co-operative, Liverpool Riverside) (Chair);
Clive Efford (Labour, Eltham); Robert Flello (Labour, Stoke-on-Trent
South); Karl McCartney (Conservative, Lincoln); Stewart Malcolm McDonald
(SNP, Glasgow South); Mark Menzies, (Conservative, Fylde); Huw Merriman
(Conservative, Bexhill and Battle); Will Quince (Conservative, Colchester);
Iain Stewart (Conservative, Milton Keynes South); Graham Stringer (Labour,
Blackley and Broughton); Martin Vickers (Conservative, Cleethorpes).
Specific Committee information at
Watch committees and parliamentary debates online at:-
Committee news and reports, Bills, Library research material and much
more can be found at:-
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3. Nigerian Maritime Law Association
Adedoyin Afun of the Bloomfield Law Practice has sent in a list of
the new executives of the Nigerian Maritime Law Association:-
1. Mr. Chidi Ilogu, SAN – President (Senior Partner, Foundation Chambers)
2. Mrs. Funke Agbor, SAN – 1st Vice President (Partner, Adepetun Caxton-Martins
Agbor & Segun)
3. Mr. Mike Igbokwe, SAN – 2nd Vice President (Principal Counsel, Mike
Igbokwe (SAN) & Co.)
4. Mr. Emeka Akabogu – Honorary Secretary (Senior Partner, Akabogu &
Associates)
5. Mrs. Oritsematosan Edodo-Emore – Treasurer (Managing Partner, Oritsematosan
Edodo,Thorpe & Associates)
6. Mrs. Seyi Adejuyigbe – Financial Secretary (Managing Partner, Olatunde
Adejuyigbe & Co.)
7. Mrs. Nneka Obianyor – Assistant Secretary (Chief Legal Officer, Nigerian
Maritime Administration and Safety Agency (NIMASA)
8. Mr. Adedoyin Afun – Publicity Secretary (Partner, Bloomfield Law
Practice)
The following were approved as Ex Officio Members for the EXCO:
1. Mr. Olumide Sofowora, SAN (Principal Counsel, Olumide Sofowora’s
Chambers)
2. Mrs. Doyin Rhodes-Vivour (Managing Partner, Doyin Rhodes-Vivour &
Co)
3. Mrs. Jean Chiazor-Anishere (Principal Counsel, Jean Chiazor &
Co.)
4. Mr. Bello Gwandu (Principal Legal Officer, Nigerian Shippers’
Council)
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Henry.Hill@worldwidecurrencies.com…………………….+44 (0)20
3326 4514
4. Amazon is Building an Uber for Trucking App
The latest edition of the Clecat newsletter contains this item:-
Amazon is the next in line to develop a load-matching app that connects
road freight operators with shippers. The e-commerce giant’s scale
and track record may prove a critical advantage over existing load-matching
platforms, according to one freight digitalization specialist.
The app is designed to make it easier for truck drivers to find shippers
that need goods moved, much in the way Uber connects drivers with passengers,
according to a report in Business Insider. The new service would put
Amazon squarely in competition with numerous startups in this space,
such as Convoy and Trucker Path, and incumbent players such as publicly
listed firms like C.H. Robinson and J.B. Hunt, Business Insider noted.
Zvi Schreiber, CEO of freight digitalization specialist Freightos,
said the idea of Amazon creating an‘Uber for Trucking’ app
isn’t a surprise, highlighting parallel moves by Alibaba to invest
in its logistics capacity – and Uber’s own ‘Uber for
Trucking’ app, which “was soft launched just weeks ago”.
He commented: “The takeaway is clear – companies that have
focused on ecommerce and fulfilment are expanding across the supply
chain, leveraging vast amounts of capital to expand their future business.”
He listed three main reasons: Increased customer expectations; the “Ecommerce
Cold
War”; and “Everything-as-a-Service”.
Source: Lloyd’s Loading List, 19 December
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5. Remember the Seafarer
Peter Hinchliffe, the Secretary General of the International Chamber
of Shipping (ICS) has issued the following Christmas Message.
As we sit down with family and friends to enjoy the good things that
the festive season will bring, Peter Hinchliffe, Secretary General of
the International Chamber of Shipping (ICS) asks us to spare a thought
for those men and women who make it possible. “I am talking specifically
about the hundreds of thousands of seafarers who will be swapping the
love and comfort of their families this Christmas for the 24/7 day-to-day
routine that seafaring demands, bringing food to our tables and gifts
for under the tree, “ he says.
“Shipping never sleeps and does not stop for any holiday period
which is why it is very much business as usual for the people who make
it happen. It has been said that ships don’t move cargo – people
move cargo, so without the unselfish work of a highly trained and motivated
global seafaring workforce, world trade would simply not happen. And
when you consider that seafarers can be at sea for several months at
a time, the commitment to the job and the role they play is very clear
for all to see.”
And that commitment to the task in hand continues to be demonstrated
through the unceasing humanitarian role that shipping and seafaring
plays in situations such as the rescue of migrants, set adrift in overcrowded
and unseaworthy boats, believes Peter. “Global television coverage
shows the relieved looks on the migrants faces as they step off the
merchant vessel to begin a life in a safer environment ashore,”
he says, “but little regard is given to the seafarer himself who
executed the rescue in the first place and cared for the wellbeing of
what may have been large numbers of migrants during the last leg of
their tortuous journey. Doing whatever is necessary to save life at
sea is something that our seafarers carry out instinctively despite
not being trained to cope with the demands of hundreds of migrants.
Yet we expect them to act professionally and selflessly, with no real
thanks.
“Shipping has long struggled with its image – certainly when
it comes to how it is perceived by the man in the street. Does it have
a bad image? Or is it more of an invisible image with many taking its
services completely for granted?”
This is an important issue because how shipping is perceived impacts
on how it is treated and regarded, not only by policy makers and lawmakers
but also by the young and talented looking to that all-important career
move. “Shipping is changing and evolving and it needs to be able
to attract the right talent to its ranks,” he adds.
“So as the last few days of 2016 slip by, ICS would like to pay
tribute to all seafarers for the work they do and for the important
role they play in allowing us to live our lives as we do.”
[The publishers of the Maritime Advocate, Humphrey Hill and Sam Ignarski
send seasonal greetings to all our seafaring readers, be you reading
us on line and on board, or from the comparative comfort of the shore].
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6. People and Places
The Korean Register (KR) – an IACS member classification society
– has announced that Mr. Lee Jeong-kie has been elected as its
new Chairman and CEO. Mr Lee was elected at the extraordinary meeting
of KR’s general assembly which oversees the running of KR and comprises
86 voting members. Mr. Lee assumes the role of Chairman and CEO, following
the death of Mr. B. S. Park, who passed away after a short illness in
October 2016.
This is only the second time in KR’s 56 years of history that
an internal candidate has been appointed as Chairman and CEO. Mr Lee
has worked for KR for 29 years, most recently as executive vice president
of KR’s survey division.
Mr. Lee graduated from Busan National University with a bachelor’s
degree in naval architecture and started his career as QC at Korea Shipbuilding
Public Corporation in 1978. He later joined DSME where he worked as
QC until 1987.
Mr Lee joined KR in 1987, and has held various senior management positions
including KR country manager in Singapore and executive vice president
in charge of KR’s technical division and statutory division.
KR’s new chairman has extensive field survey experience and has
contributed significantly to the enhancement of KR’s global port
state control response. He has also played a key role in increasing
KR’s global scope, gaining important authorizations to provide
statutory services on behalf of shipping and maritime organizations,
particularly in Germany and Canada.
———-
Hill Dickinson has reached an agreement that will bring the shipping
practice of Swinnerton Moore LLP to the firm.
The agreement is expected to be finalised by the end of February and
will see founding partners Tony Swinnerton and Lewis Moore join Hill
Dickinson’s City of London office. Tony and Lewis bring with them
an established roster of distinguished clients from across the international
marine market.
Tony Swinnerton specialises in all aspects of contentious dry shipping
and has extensive experience of conducting arbitrations and High Court
cases where he has acted predominantly for ship owners and their insurers,
traders and charterers.
Lewis Moore specialises in ship sale and purchase, ship finance and
all shipping related contentious matters. In addition, Lewis is an accredited
Centre for Effective Dispute Resolution mediator and regularly represents
clients in mediation.
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From the Avo Archive
The website of this newsletter contains all the editorial material
since the inception of the Maritime Advocate as a print based quarterly
in 1997 under the founding aegis of John Guy, Chris Hewer and Manfred
Arnold. Readers can go to the site and search the database on the home
page in its entirety. If you are looking for an old case, an old controversy
or you would just like to see how many times you and your firm have
featured in our annals feel free to access the archive. It is like this
e-zine, free to Readers and we always appreciate the support of advertisers
and sponsors.
An example of seasonal political corectness, penned by Peter Jones,
was to be found in Issue 90 of 27th January, 2003:-
For a classic example of how to offend as few people as possible, look
at the Christmas greeting posted on the website of Forwarderlaw, a useful
repository of legal information which manages to combine freight forwarding
expertise with a sense of humour, style and perspective:
"By continuing to read this greeting, you are accepting these
terms.
"Please accept with no obligation express or implied our best
wishes for an environmentally conscious, socially responsible, low-stress,
non-addictive, gender-neutral celebration of the winter holiday, practised
within the most enjoyable traditions of the religious persuasion of
your choice, or secular practices of your choice, or within the religious/secular
persuasions and/or traditions of others, or not practised at all at
the wish of the recipient, and a fiscally successful, personally fulfilling,
and medically uncomplicated recognition of the onset of the generally
accepted calendar year 2003, but not without due respect for the calendars
of choice of other cultures whose contributions to society have helped
make Canada great (not to imply that Canada is necessarily greater than
any other country in the western hemisphere), and without regard to
the race, creed, colour, age, physical ability, religious faith, or
choice of computer platform of the recipient.
"This greeting is subject to immediate withdrawal at the sole
discretion of the sender. It is freely transferable provided the transferor
makes no alteration to the original greeting. It implies no promise
by the sender to actually implement any of the wishes for her/himself
or others, and is void where prohibited by law. This wish is warranted
to perform as expected within the usual application of good tidings
for a period of one year, or until the issuance of a subsequent holiday
greeting, whichever comes first, and warranty is limited to replacement
of this wish or issuance of a new wish at the sole discretion of the
sender."
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Island Story
A helicopter lost power while flying over a remote Scottish island
and was forced to make an emergency landing.
Luckily there was a small cottage nearby. The pilot walked over to it
and knocked on the door. "Is there a mechanic in the area?"
he asked the woman who answered the door.
She scratched her head and thought for a few seconds.
"No," she finally said, pointing down the road, "but
we do have a McArdle and a McKay."
[Paul Dixon]
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The Season to be Jolly
From the This is True zine written by Randy Cassingham
In August, an accident at Florida’s Airgas Corp. destroyed two
tanker trucks and their cargo, as well as a holding tank. The cargo:
nitrous oxide — “laughing gas” — which is not only
used for anesthesia, but also as the foaming gas for canned whipped
cream. Thus there will be a shortage of Reddi-wip and similar dessert
toppings in the run-up to the “peak holiday season,” says
Reddi-wip’s manufacturer, Conagra Foods. Airgas, the country’s
largest producer of the gas, will give priority to medical needs, and
supermarket inventory of whipped cream won’t fully recover until
February. (RC/Los Angeles Times) …Officials at Kraft Heinz, who make
Cool Whip, deny any involvement.
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Thanks for Reading the Maritime Advocate online
Maritime Advocate Online is a weekly digest of news and views on the
maritime industries, with particular reference to legal issues and dispute
resolution. It is published to over 20 000 individual subscribers each
week and republished within firms and organisations all over the maritime
world. It is the largest publication of its kind. We estimate it goes
to around 60 000 Readers in over 120 countries.