Full Description
Digitalisation is poised to bring about significant and often unpredictable transformations in the formation and execution of all kinds of contracts of carriage, whether by sea, air, or land. This edited volume provides a timely and rigorous examination of the extent to which legal principles dating largely from the latter half of the twentieth century remain suitable in the face of the runaway technological advances that are reshaping industry practices. The book also explores the legal position of actors in adjacent sectors, such as insurance, and addresses emerging issues of liability associated with new participants, such as digital platform providers.
The book is structured in four parts. The first part addresses the impact of digitalisation on carriage by sea. It covers the challenges posed to traditional doctrines and legal rules, as well as issues arising from the increasing reliance on digital communication and operational models, including cybersecurity concerns. The second part shifts focus to the implications of digitalisation on other modes of transport, in particular carriage by land and air, and on concerns around cybersecurity. The third part considers the broader legal ramifications of digitalisation in associated fields such as insurance, trade, and dispute resolution. The final part examines developments in arbitration and private international law through the lens of electronic documentation and digital evidence, revealing how dispute resolution mechanisms must evolve alongside commercial practice.
Written for legal practitioners and administrators across England and Wales and key global hubs — including Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore, and India — this volume is also indispensable for specialist law libraries throughout Europe and the US. It is an essential resource for transport law firms and university libraries where shipping and transport law are taught as specialised disciplines.
Contents
PART I DIGITALISATION OF TRANSPORT AND SHIPPING 1. Delivery in the Digital Age 2. Digital Transformation and the Challenges It Poses in the Context of Carriage of Goods by Sea 3. Looking Inside the Box. Bill of Lading Descriptions for Containerised Goods 4. Charting the Digital Threat: Legal and Operational Risks in Maritime Cybersecurity 5. The Proper Legislative Approach to Autonomous Shipping: A Chinese Law Perspective 6. Jurisdictional Issues: Remote-Operation Centres and Uncrewed Surface Vessels PART II DIGITALISATION AND OTHER MODES OF TRANSPORT 7. From Paper to Interface: Reconciling Digital Ambition with Treaty Law in Air Cargo 8. Navigating Innovation in Aviation: Is Regulation Helpful or a Hindrance? 9. International Air Law in the Age of Cyber-Interference 10. Who Contracts and Shares Data with Whom? International E-commerce, Technology and Data PART III TRADE AND INSURANCE IMPLICATIONS OF DIGITALISATION 11. Electronic Trade Documents and Security Devices 12. Taking Security on Bills of Lading in the Digital Era 13. Cyber Risks and Property Insurance (Hull and Cargo) 14. Digitalisation and its Impact on Insurance Law and Practice PART IV COMPLEXITIES IN DISPUTE RESOLUTION IN THE DIGITAL AGE 15. Digitalisation and Arbitration 16. Applicable Law and Private International Law Challenges in Electronic Trade Documents: Lessons from the Law Commission's Reform Agenda
