Aref Fakhry | World Maritime University (original) (raw)

Books by Aref Fakhry

Compiles and analyses various definitions of 'piracy' and 'armed robbery at sea' as well as other... more Compiles and analyses various definitions of 'piracy' and 'armed robbery at sea' as well as other relevant concepts, including maritime terrorism, across different branches of maritime law, including public international law, criminal law, marine insurance law and carriage of goods by sea law. Also discusses the terms used in IMO soft and hard law instruments. Discusses the definitions under the United Nations Convention on the Law of the Sea, 1982 (UNCLOS), and the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988 (SUA), together with its amending 2005 Protocol. The analysis is set against the backdrop of English law.

Papers by Aref Fakhry

International Maritime Organisation's 71st Technical Cooperation Committee: Capacity-building and training programme on combating maritime corruption, Sep 1, 2021

Maritime Law in Motion, 2020

This chapter looks at the way human rights standards and ethics played their part in reshaping th... more This chapter looks at the way human rights standards and ethics played their part in reshaping the understanding of what seafarers and ships could do to protect themselves from the crimes of piracy and armed robbery at sea. The study was built as part of a wider maritime security and defense-oriented research project commissioned by the European Commission, entitled Protection Measures for Merchant Ships (PROMERC), which aims to reduce the vulnerability of merchant fleets and maritime supply lines to criminal abduction and extortion and thereby reduce risk to mariners, shipping, and the environment, while also reducing costs.

This chapter discusses legal aspects pertaining to the vessel Energy Efficiency Design Index (EED... more This chapter discusses legal aspects pertaining to the vessel Energy Efficiency Design Index (EEDI) and Ship Energy Efficiency Management Plan (SEEMP), which have been mandated since January 1, 2013, as a result of amendments to Annex VI of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocols of 1978 and 1997 thereto (MARPOL). It provides a historical recount of the development of MARPOL leading up to an analysis of EEDI and SEEMP, particularly as regards their apparent lack of enforceability. A further analysis is examing the arguable ineffectiveness of the rules in ultimately reaching the set goal of reducing air emissions from shipping. Finally, the standing of EEDI and SEEMP in ship chartering, building and sale transactions is examined against the backdrop of standard maritime law clauses. It is ultimately argued that the MARPOL requirements are likely to prove legally inefficient.

This thesis examines the application of the doctrine of frustration under the English private law... more This thesis examines the application of the doctrine of frustration under the English private law of contracts to situations of capture of merchant ships for ransom by pirates operating according to the model which has developed in recent years off the coast of Somalia. The examination is centred on the question whether and how contracts of affreightment (or carriage of goods by sea) (including time and voyage charters as well as bills of lading) which may have been concluded by a captured ship would be terminated in the event of capture pursuant to the doctrine. The thesis analyses the wording of standard carriage contract forms and clauses, as well as the provisions of relevant international conventions and statutes, which could deal with the standing of contracts following a capture. The outcome of the research is that standard contract and clauses often leave the question of the fate of the contract in the event of capture untouched with the result that the doctrine of frustration may apply by default. The contract will only be terminated, however, if an elaborately long detention of the vessel is anticipated, or the prospects of recovery, either against payment of a ransom or through forceful repossession, are very weak. The thesis equally considers the application of the concept of self-induced frustration by taking several examples of actions or default by one of the parties to the contract of carriage which may have led to or exacerbated the capture scenario. The main findings are that it will usually be difficult to establish self-induced frustration in the event of capture. An analysis is also made of the application of the concepts of actual and constructive total loss under English marine insurance law to a ship that has been captured by pirates according to the same model of operation. The consequences of termination of the contract are not discussed in this thesis.

European Transport Law Droit Europeen Des Transports Europaisches Transportrecht Diritto Europeo Dei Trasporti Derecho Europeo De Transportes Europees Vervoerrecht, 2012

This article discusses basic principles of contract law in relation to the ever-expanding area of... more This article discusses basic principles of contract law in relation to the ever-expanding area of maritime security law. Specifically, it tries to answer the question whether breach of maritime security legislation contained in the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS), or the International Ship and Port Facility Security Code (ISPS Code) could lead, in addition to criminal or administrative sanctions, to contracts for the operation of the vessel, such as contracts of carriage and towage, being denied enforceability in a court of law.

This year’s self-declared priority for the International Maritime Organization (IMO) is “Sustaina... more This year’s self-declared priority for the International Maritime Organization (IMO) is “Sustainable development: IMO’s contribution beyond Rio+20”.

The Regulation of International Shipping: International and Comparative Perspectives, 2012

Shipping and Trade Law, volume 13, number 2, pgs 1-3, Mar 1, 2013

This article discusses the International Maritime Organization's (IMO) theme for 2013, namely, “S... more This article discusses the International Maritime Organization's (IMO) theme for 2013, namely, “Sustainable Development: IMO’s Contribution beyond Rio+20.” The theme will serve for the World Maritime Day, coinciding on 26 September 2013. The article highlights some of IMO's more salient achievements in its 55 years of existence in the quest for sustainability. Challenges and limitations in IMO's governance paradigms are also emphasised, pointing to measured expectations.

"This article describes and comments on the legal and administrative framework of solid waste man... more "This article describes and comments on the legal and administrative framework of solid waste management in Lebanon. A discussion of potential responsibility of the State in international law is included. Article in French.

Cet article décrit et commente le cadre juridique et administratif du traitement de déchets solides au Liban. L'article comporte une discussion de la responsabilité éventuelle de l'Etat en droit international. Article en langue française.

توضح هذه المقالة وتعلق على الإطار القانوني والإداري لإدارة النفايات الصلبة في لبنان. وترد مناقشة للمسؤولية المحتملة للدولة في القانون الدولي. المقالة باللغة الفرنسية."

J. Mar. L. & Com., Jan 1, 1998

Translated title (from original in French): The stevedore's liability in Canada. ترجمة العنوان (... more Translated title (from original in French): The stevedore's liability in Canada.

ترجمة العنوان (من الأصلي بالفرنسية) : مسؤولية متعهد تحميل السفن في كندا.