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Autonomous vessels and robotics, artificial Intelligence and cybersecurity are transforming international shipping and naval operations. Likewise, blockchain offers new efficiencies for compliance with international shipping records, while renewable energy from currents and waves and offshore nuclear power stations open opportunities for new sources of power within and from the sea. These and other emerging technologies pose a challenge for the governance framework of the law of the sea, which is adapting to accommodate the accelerating rates of global change. This volume examines how the latest technological advances and marine sciences are reshaping the interpretation and application of the law of the sea. The authors explore the legality of new concepts for military operations on the continental shelf, suggest remote sensing methodologies for delimitation of maritime boundaries, and offer a legal roadmap for ensuring maritime cyber security.
Modern means of transportation and communication along water, rails, and roads had a profound impact on the economic and social development of China from the mid-nineteenth century onward. After the arrival of the steamship in the 1840s and the telegraph in the early 1860s, railroad construction began to emerge slowly at the close of the century, followed by bus and motor traffic bringing about macadamized city streets and highway expansion, with a modest level of air traffic taking off in the 1930s. This chapter addresses the structural changes in transportation and communication that characterized the transition from the last decades of the Qing empire (1644–1911) through the Republican period (1911–1949) to the early years of the People’s Republic of China (PRC).
This article develops a micro-level theoretical perspective of business influence in international negotiations. By drawing on organizational institutional theory, the article proposes that site-specific institutionalized norms can structure the nature and extent of business power. The article illustrates the value of this perspective through an illustrative case study of the International Maritime Organization (IMO) through interviews and participant observation of on-site dynamics during negotiations on environmental shipping regulation. The article shows how, in the case of the IMO, specific institutionalized norms and beliefs structure private actors’ possible influence and their claims to authority. In particular, strongly held beliefs about the nature of political deliberation in the IMO both constrain and enable business interests, sometimes overriding the general structural power of the shipping industry. This research implies that future scholarship of business power and lobbying should be attentive to specific institutionalized ideas structuring business actors’ range of legitimate activities, in particular in international institutions where individual negotiation sites can develop idiosyncratic norms and beliefs about the legitimacy of private actor participation.
Seafaring, as a traditionally male-dominated industry, continues to have very few female seafarers, with approximately 2% globally being women. This paper draws on the findings of a study that considered both the experiences of women seafarers working in the UK shipping industry and the views of key industry stakeholder representatives, and asks what must be done to improve those experiences? Responses across the industry suggest that all women seafarers will experience some form of harassment during their careers, which has significant implications for their occupational health, safety and wellbeing. These experiences reflect failures of leadership in developing and promoting a safe and inclusive onboard culture. This paper calls for fundamental change within the industry, including improvements in training and leadership to reflect modern seafaring and diversity on board. It also calls for relevant policy and strategic changes to be based on the views of seafarers and their representatives. It concludes that improving the experiences of women on board will improve the occupational health, safety and wellbeing of all seafarers, regardless of gender or any other characteristic or classification.
The crusading activity of Venice, more than that of any other participating society, was influenced by other activities and concerns, due to the range and depth of its commercial and strategic interests in theatres of conflict and along transit routes. Its role was reshaped over time by shifts in the geographical configurations of both crusading activity and Venetian interests. In the early decades of crusading, in which the forces of the maritime powers autonomously complemented the activities of other crusaders, crusading action was mingled with the assertion of Venetian prerogatives in the Adriatic and the Byzantine sphere. The shift from land to sea routes linked the role of the maritime cities increasingly to transport and escort of the armies of others, and hence to their geographical position as nodes on transit routes. The diversion to other routes of many of the crusaders from its natural catchment area as a port undercut Venice’s crusading prominence in the late twelfth and thirteenth centuries, with the signal exception of the Fourth Crusade. Venice’s participation in late medieval crusading was constrained to varying degrees by the distribution of its territorial and commercial interests in the areas dominated by different powers.
The IMF has not traditionally paid much attention to climate finance, but started publishing reports on climate finance from 2010. Nonetheless, the IMF output on climate finance provides an important insight into the case of economisation. The chapter starts with an outline of the IMF’s relatively limited output on climate finance, which initially focused on the mobilisation of climate finance and later more broadly on fiscal policies. The way in which the IMF linked climate finance to fossil fuel subsidies and carbon pricing is indicative of its view that climate change is best addressed by pricing emissions. As is explained in the subsequent section, this approach is shaped by the Fund’s worldview and its focus on fiscal policy, and its initial impetus to address climate finance has come from institutional interaction and policy entrepreneurs within the bureaucracy. Finally, the IMF’s approach had identifiable direct consequences only on the international level, particularly on the G20.
The previous chapter explored the pivotal role of the ISDA Master Agreement in the evolution of the OTC derivatives markets and highlighted the combination of legal techniques behind the various ‘self-help’ remedies in this contract. These contractual remedies, which culminate with Close-out, are designed to manage disruption arising during the lifespan of a derivatives contract without requiring recourse to the formal procedures associated with enforcing rights under general law. While versions of these self-help remedies appear in many types of financial contracts, including in market standard syndicated loan agreements and in the terms and conditions of debt securities, they have reached unmatched levels of sophistication in the derivatives context. As such they have been referred to in a recent English case as amounting to ‘an exclusive code’ under which parties manage the implications of a breach of contract, to the exclusion of the general law. As is now well-documented in the literature addressing the transnational qualities of modern finance, these arrangements underpin the cross-border markets in OTC derivatives by promoting autonomy from national insolvency law, a strategy which has, in turn, enjoyed generous regulatory treatment. The questions to which this chapter now turns is what role is left for the courts in relation to such a tightly designed, closely maintained and ‘exclusive’ contractual framework, and, as a starting point, why such litigation arises in the first place.
In the first chapter of Part I the authors discuss the rise and decline of the two Dutch monopoly companies, and how they, formally and informally, operated in the Dutch Republic, Asia and the Atlantic. The histories of these two companies are very different. The Dutch West India Company, operating in the Atlantic, was always threatened by competitors such as private traders, Dutch merchants who used foreign companies to get around the monopoly, and French and English competitors. The Dutch East India Company, the largest enterprise in the world, employing at the height of its existence about 40,000 personnel, went bankrupt not because of the competition from other trading houses in the Netherlands, but because the directors of the Company were aware which products brought in profits and which did not, but had no idea about the total financial results. In order to increase its turnover, the Company switched from the trade in spices to that of Indian textiles and Chinese porcelain, which necessitated larger ships and more personnel, resulting in lower profit rates. This chapter ends with a discussion of the shrinking naval and military capacity of the Dutch Empire in comparison with its main European rivals.
Throughout the past two decades, the number of studies examining the adaptive capacity of Arctic communities in the context of climate change has been increasing; however, little is known about Arctic communities’ ability to adapt to certain emerging changes, such as increased shipping activity. To address this knowledge gap, this study systematically analyses published scientific articles on community adaptive capacity in circumpolar Arctic, including articles published in Russian which may not be captured in English-only reviews. Throughout this review, the study focuses on three areas: the development of the adaptive capacity framework; the conditions that enable community adaption abilities; and the extent to which shipping developments are addressed in the literature. This study demonstrates that the adaptive capacity framework has been significantly developed both theoretically and methodologically and is broadly used to address new types of climatic and non-climatic changes. Though the impacts from the shipping development are discussed in some studies, there is a clear need for further examination of coastal communities’ ability to adapt to such changes. Additionally, the study reveals limitations in the application of the Western conceptual terminology when exploring community-based research by Russian scholars.
This article rethinks the relationship between trade and industry in the development of Indian capitalism, focusing on Tata, pioneers in textile and steel production. It shows how two little-known affiliated trading companies, R.D. Tata & Co. in Shanghai, Hong Kong, and Kobe, and Tata Limited in London, played a crucial intermediary role in securing financing and market access for the parent firm in Bombay while simultaneously increasing its exposure to the effects of global crises. Tata's ultimately dominant position in a protected national economy was due to the contingent failure of these trading companies rather than a foregone conclusion.
The ongoing development of diverse maritime autonomous vehicles for varied ocean activities—ranging from scientific research, security surveillance, transportation of goods, military purposes and commission of crimes—is prompting greater consideration of how existing legal frameworks accommodate these vehicles. This article brings together the core legal issues, as well as current developments in relation to commercial shipping, the law of naval warfare, and maritime security. This article captures how these issues are now being addressed and what other legal questions will likely emerge as the newest technology impacts on one of the oldest bodies of international law.
After the Italian declaration of war came the period of their short-lived ‘parallel war’, where they attempted to fight independently of Germany in the theatre. Chapter 2 highlights the great numerical disparity between the scarce British and Commonwealth forces spread from the Middle East to Gibraltar versus those of Italy. Despite this lack of resources, British theatre commanders recognised the need to make inroads into Italian sea communications, and they also received clear direction from Whitehall to pursue this objective. Consequently, the failure to do so was not for lack of will at any level of command, but a question of means. The scattered, incoherent efforts that were made are shown to have been completely ineffectual, with British success against the Italians in North Africa during 1940 instead being the product of a series of other factors. Nevertheless, this period set important foundations for an anti-shipping campaign in terms of the recognition of the vulnerability of Italian sea routes and the need for greater resources to prosecute it.
Despite the qualified successes of Operation ‘Crusader’, Britain was faced with a disastrous turn of events in early 1942. The entry of Japan to the war had compelled a redistribution of force to the Far East, while some key British losses and new in-theatre German commitments had further redefined the Mediterranean balance of power. Chapter 5 outlines how the British were forced to adopt a defensive posture throughout the theatre, as their gains from ‘Crusader’ were rapidly reversed. As the Axis then advanced into Egypt, Malta was subjected to an intense aerial siege and came perilously close to being starved into submission. The difficulties in conducting anti-shipping operations during this period were numerous. Yet in a reversal of the thesis advanced by historians such as van Creveld and Gladman, the chapter demonstrates that significant sinkings (of over 300,000 tons) were achieved during this period. The continued attrition was greatly troubling for the Axis, contributing to a shipping shortage that was to reach crisis point later in the year.
This book opens with a discussion of the importance of the Mediterranean to the British Empire, highlighting its role as a ‘vital artery’ of communication between the eastern and western worlds. By examining the changing position of the Mediterranean in British strategic policy from the construction of the Suez Canal through to the Italian declaration of war in 1940, it shows how important the Mediterranean would be in the event of another global war. However, British foreign policy in the late interwar period included numerous efforts to keep Italy neutral, allowing the Mediterranean to be denude of military assets in favour of their deployment against threats elsewhere. Consequently, these decisions led to a difficult context in which to plan realistically for war in the Mediterranean, and the subsequent paucity of British forces stationed there at the start of hostilities. It was this situation which set the foundation for early failures in the anti-shipping campaign. The pre-war planning debates did, however, see the British develop an appreciation of the importance of cutting Axis sea communications, even if they initially lacked the military power to do so and were initially restricted by legal criteria prohibiting attacks on merchant shipping in most cases.
Chapter 6 begins by illustrating the respective positions of each side by September 1942. It shows that while the Axis position can in retrospect be viewed as highly precarious, the British evinced real concern about a complete collapse in Egypt. It highlights the resurgent emphasis that was placed on the Mediterranean from Whitehall, and on anti-shipping operations by the theatre commanders. These attacks were pursued with a ruthless prioritisation; even after clear evidence that some Axis vessels were carrying British prisoners of war. This allowed anti-shipping operations to thrive, aided by the effective use of intelligence to target the most critical cargoes of fuel and ammunition. As a result, over the three-month period, ninety-five vessels of nearly 200,000 tons were sunk, with grave effects on the Axis. These sinkings helped curtail the final Axis offensive in Egypt and contributed to the vital British victory at El Alamein by depriving the Axis of essential fuel and ammunition. In contrast to arguments put forward by scholars such as van Creveld, Barnett and Gladman, the book uses a mix of Italian, German and British material to conclusively show that the supply shortages suffered by the Axis were primarily the result of seaborne sinkings.
The failure of Italy’s ‘parallel war’ was followed by turmoil caused by a combination of German intervention in the theatre and the British decision to send aid to Greece. The shift in focus towards what would be a disastrous Greek expedition resulted in neglect of the Axis sea lanes with North Africa, and abortive efforts at interdiction were made in the Adriatic instead. Yet, as this chapter shows, there were also positive developments in the campaign. New types of more suitable equipment and weaponry were employed, accompanied by the beginnings of a learning process to develop new tactics and procedures and to incorporate new technologies. This offered the potential for greater efficiency in anti-shipping operations, but it was only from April onwards that significant attention was again paid to them. Sinking rates promptly increased and, although the overall required Axis supply quotas were generally met, the losses did cause logistical pressure in certain key areas. While anti-shipping operations had been relatively limited in terms of quantity and effect over the first year of the war in the Mediterranean, an important foundation was laid in terms of recognition of their importance, increasing priority and operational learning. This provided the platform for what would be become a decisive campaign within the Mediterranean war.
The final chapter opens with a discussion of the transformed nature of the war in the Mediterranean after the Axis surrender in Tunisia, where Axis maritime commitments had shrunk, yet remained substantial. The Allied focus on other in-theatre tasks, particularly the invasions of Sicily and mainland Italy, pushed anti-shipping operations into a side-line role. Yet there were times when they received greater focus, including the Axis evacuation of Sicily, and in the Aegean during 1943–44. An account of anti-shipping operations over the period in question shows that there were in fact very high quantities of sinkings at certain stages of the period in question. These contributed yet further to the overall shipping crisis, forcing the Axis to expedite the withdrawal from Sardinia, Corsica and many of their Aegean possessions. By late 1944, most of the territories reliant on maritime supply had been abandoned, and the anti-shipping campaign had been a key element in ensuring Allied victory in the Mediterranean.
While El Alamein represented an important defensive victory at the eastern fringe of the Mediterranean, joint Anglo-American landings in north-west Africa caused a transformation of the theatre. This shift to a truly Allied venture, where the war in North Africa was fought on two fronts, had consequent effects on Axis supply requirements. Anti-shipping operations continued to receive high priority throughout this period, resulting in a devastating 477 vessels of over 700,000 tons being sunk in five months. This ensured that the minimum level of supplies required by the Axis forces were not received. In fact, the losses were so devastating that the Axis came to lack the necessary shipping to even attempt shipping the required amounts in the first place. The chapter then offers a revolutionary new argument: that the period around October 1942 represented a tipping point towards collapse for the Axis position in the wider Mediterranean. The consistently high rates of sinkings had greatly eroded the base of available tonnage, and efforts to improve construction had failed. The attempts to fill the void with seized French tonnage were inadequate, and by early summer 1943 the Axis were acknowledging that maintaining positions such as Sardinia and Corsica was no longer possible, while retaining the Aegean islands and even Sicily were tenuous aims.
Chapter 4 starts with the Mediterranean receiving a new level of recognition in British strategic priority during the August–December 1941 period, becoming the primary effort. Moreover, the anti-shipping campaign was promoted to a prime position in operational priority for the Navy and Air Force, with a corresponding dedication of forces to the task. Coupled with this was an increase in the pace of learning and the refinement of tactical procedures. This led to greatly increased levels of sinkings over August–December, which coincided with a new major British offensive in North Africa: Operation ‘Crusader’. These sinkings successfully denied Axis forces in Cyrenaica the necessary fuel and ammunition to either launch their own planned offensive or to resist the British advance, including the loss of 92 per cent of the fuel shipped in November. Furthermore, the increased levels of attrition meant that sinkings were now greatly outstripping the Axis replenishment capability through new construction or other means. This was the first clear example of the dual effect of the anti-shipping campaign: one operational affecting the war on land in North Africa, and one attritional, undermining the Axis ability to conduct any form of warfare in the Mediterranean. It caused serious concern among the Axis commands, leading to the adoption of new countermeasures, which were to have a major impact in the following year.
This is a major reassessment of the causes of Allied victory in the Second World War in the Mediterranean region. Drawing on a unique range of multinational source material, Richard Hammond demonstrates how the Allies' ability to gain control of the key routes across the sea and sink large quantities of enemy shipping denied the Axis forces in North Africa crucial supplies and proved vital to securing ultimate victory there. Furthermore, the sheer scale of attrition to Axis shipping outstripped their industrial capacity to compensate, leading to the collapse of the Axis position across key territories maintained by seaborne supply, such as Sardinia, Corsica and the Aegean islands. As such, Hammond demonstrates how the anti-shipping campaign in the Mediterranean was the fulcrum about which strategy in the theatre pivoted, and the vital enabling factor ultimately leading to Allied victory in the region.