Committee publications
Maritime and Transport Law Committee – From the Editors – August 2025
A note from the Editors of the IBA Maritime and Transport Law Committee, Müge Anber-Kontakis and Maria Belen Espineira
Released on Sep 1, 2025
Maritime and Transport Law Committee – From the Co-Chairs – August 2025
A note from the Co-Chairs of the IBA Maritime and Transport Law Committee, Patrick Holloway and Marco Remiorz.
Released on Sep 1, 2025
Insolvency Section at the Annual Meeting of the World Bank ICR Consultative Group
The IBA Insolvency Section participated in the annual meeting of the World Bank Insolvency and Creditor/Debtor Regimes (ICR) Task Force, held in May 2025 in Washington, D.C.
Released on Sep 1, 2025
Meet the Officer: Anna Mestre
An interview with Anna Mestre, Vice Chair of the Land Transport Subcommittee of the IBA Maritime and Transport Law Committee.
Released on Sep 1, 2025
Limitation of liability under Argentine law in the carriage of goods
The carriage of goods by sea in Argentina is governed by a dual legal framework. Because both instruments govern the same subject matter, the Hague Rules apply to international cases, whereas the Argentine Shipping Act regulates domestic cases.
Released on Sep 1, 2025
Limitation of liability for shipowners in Brazil
Brazil is not a party to the key international convention on limitation of liability for shipowners, the Convention on Limitation of Liability for Maritime Claims 1976 (the 'LLMC'), as amended by the 1996 Protocol. It is also not a party to the 1996 International Convention on Civil Liability for Oil Pollution Damage (the 'CLC').
Released on Sep 1, 2025
Maritime claims and limits
In Canada, the Marine Liability Act (MLA) is the main source of legislation that limits damages in the maritime context. The MLA incorporates various international conventions into law and adds some uniquely Canadian features.
Released on Sep 1, 2025
China's maritime liability limitation system and its recent development
China's legal system on limitation of liability is mainly based on the Convention on Limitation of Liability for Maritime Claims, 1976, and, in terms of its domestic law, it can be mainly divided into the following four aspects.
Released on Sep 1, 2025
Cyprus: limitation of liability
Up until 2005, Cyprus applied the provisions of the United Kingdom Merchant Shipping Act 1894, section 503, with regards to limitation of liability for shipowners. Under the provisions of this section, shipowners were permitted to limit their liability based on the gross tonnage of the ship without deduction on account of the engine room.
Released on Sep 1, 2025
Snapshot of the limitation regime for the international transportation of goods in India
The package limitation for goods being shipped out of India is to be found in the Carriage of Goods by Sea Act, 1925 ('COGSA'), which incorporates the Hague Rules, 1924. As per Article IV (5) of the Schedule to the Act, the limitation is an amount not exceeding 666.67 special drawing rights per package or unit or two special drawing rights per kilogram of gross weight of the goods lost or damaged, whichever is higher.
Released on Sep 1, 2025
Statutory limitations of liability for vessels and other transportation interests in Japan
Japan has ratified the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims 1976. This has been reflected in the domestic Act on Limitation of Liability of Shipowners (the 'Act'). The new limitation came into effect in June 2015. In addition, the Act on Liability for Oil Pollution Damage provides for the limitation of liability of the owners of tankers in the event of tanker oil pollution.
Released on Sep 1, 2025
Maritime law and corporate rescue in Malaysia: is leave of the court required to bring an in rem action against a ship where the owner has the benefit of a restraint of legal proceedings against it?
In every corporate rescue mechanism (CRM) under the Companies Act 2016, almost invariably, a restraining order is granted, which imposes a moratorium on all legal proceedings against the company, except with the leave of the court. This is to give the financially distressed company time and opportunity to rehabilitate and extricate itself from financial difficulties.
Released on Sep 1, 2025
An overview of the statutory limitation of liability regime in Nigeria
The Nigerian legal system is fundamentally rooted in the English Common Law tradition, a legacy of the country's colonial history. Consequently, Nigerian maritime law has evolved under the substantial influence of English Admiralty Law, supplemented by international maritime conventions.
Released on Sep 1, 2025
Between tonnage and thresholds: assessing South Africa's maritime limitation regime
In the modern era of maritime commerce, the doctrine of limitation of liability remains a cornerstone of shipping law. It reflects a pragmatic compromise between the interests of shipowners and claimants, seeking to balance commercial risk, ensure insurability and encourage trade.
Released on Sep 1, 2025
MSC Flaminia: UK Supreme Court takes the opportunity to clarify how limitation works between owners and charterers
On 14 July 2012, while en route from Charleston, South Carolina to Antwerp, Belgium, an explosion and subsequent fire occurred in cargo hold number 4 of the container ship 'MSC Flaminia' (the 'Vessel'). This tragic incident resulted in loss of life and substantial financial losses for the owners and their insurers.
Released on Aug 31, 2025
Water laws in Pakistan: a corporate perspective
Water is vital for agriculture, industry and economic growth. Since Pakistan relies heavily on the Indus River system, it has established strong laws to manage water use, ensure fair distribution and protect its rights over this key resource. This article examines Pakistan's water regulations, highlighting the country's aggressive efforts to protect and manage its water resources
Released on Aug 31, 2025
Chile’s desalination challenge: unlocking seawater in a water-scarce nation
Amid a twelve-year mega-drought and mounting water stress, Chile is investing heavily in seawater desalination, particularly in its mining-intensive northern regions. This column examines the legal and regulatory landscape shaping desalination projects in Chile, including environmental assessments, maritime concessions and land use challenges. It also highlights recent legislative and policy developments aimed at facilitating this crucial water strategy.
Released on Aug 31, 2025
The silent resource: water and the global green rush
While climate agendas increasingly focus on energy transition, carbon markets and biodiversity, water remains critically underacknowledged. This article explores how major technological and environmental initiatives – such as green hydrogen production and AI infrastructure – rely heavily on water, often exacerbating existing inequalities and environmental risks in resource-rich countries like Brazil. It argues that water must be repositioned as a strategic asset, demanding stronger governance, transparency and sovereignty to ensure a truly just and sustainable ecological transition.
Released on Aug 31, 2025
Unforeseen circumstances and contract rebalancing – August 2025
Released on Aug 29, 2025
Design versus performance specifications in construction projects
Released on Aug 29, 2025
CLInt – Book Reviews – August 2025
Released on Aug 29, 2025
Regulating retention: a lesson from New Zealand
Released on Aug 29, 2025
Construction Law International – August 2025 – Country Updates: India
Released on Aug 29, 2025
From the Co-Chairs – Construction Law International – August 2025
Released on Aug 29, 2025
From the Editors – Construction Law International – August 2025
Released on Aug 29, 2025
Construction Law International - August 2025
Released on Aug 29, 2025
Crypto and CBDCs in Brazil-Russia trade: regulatory developments, sanction risks and compliance strategies
The tightening of sanctions, increasing pressure on traditional payment systems and the concurrent advancement of digital financial technologies are reshaping the rules of the game for cross-border trade between Russia and Brazil. Since August 2023, Russia has been piloting the Digital Ruble, and since late 2024 it has been implementing pilot programmes for cross-border settlements using cryptocurrencies and digital assets. In Brazil, the first federal regulations on virtual assets have taken effect, while the Brazilian Central Bank continues to introduce a phased regulatory framework and integrate cryptocurrencies into the formal financial system.
Released on Aug 28, 2025
The war for talent, labour shortages and demographic changes: what can we do?
While a diverse workforce fosters creativity and innovation and enhances employee performance, what strategies are countries and companies taking to attract and to retain a diverse workforce to address labour market changes? What are the challenges and opportunities? This was the topic raised by panellists in the session held during the IBA Employment and Diversity Law Conference in Marrakech in April 2025.
Released on Aug 25, 2025
Taiwan now permits registration of cross-strait same-sex marriages
Taiwan continues to make strides toward advancing marriage equality for same-sex couples by announcing that Taiwan–China same-sex couples married in a third country can now register their marriage in Taiwan. This step brings Taiwan closer to full marriage equality and reaffirms its position as a leader in LGBTQI+ rights in Asia.
Released on Aug 21, 2025
More countries to ban intersex genital mutilations in Europe
This article examines the growing European Union movement to ban intersex genital mutilation (IGM) – ‘gender normalising’ surgeries on minors with variations in sex characteristics. Affecting 1.7 per cent of the population, intersex individuals face widespread discrimination, with 21 per cent experiencing healthcare discrimination. The article emphasises that surgical interventions for social or aesthetic purposes without medical necessity constitute serious human rights violations, noting 49 per cent of affected Polish individuals did not consent to childhood procedures. Five EU countries have implemented legislative bans: Spain (2023), Greece (2022), Malta (2015), Germany (2021), and Portugal (2018), with Belgium developing similar legislation
Released on Aug 21, 2025