Publications

Na bijna twee decennia aan voorbereidingen en onderhandelingen, werd op 19 juni 2023 een nieuw verdrag inzake de bescherming en het duurzaam gebruik van mariene biodiversiteit in gebieden voorbij de grenzen van de nationale jurisdictie aangenomen. Het BBNJ-verdrag (waarbij het acroniem ‘BBNJ’ verwijst naar ‘biodiversity beyond national jurisdiction’) wordt beschouwd als het eindproduct van een buitengewoon staaltje van internationale diplomatie en wordt reeds gelauwerd als een mijlpaal op vlak van mariene milieubescherming. De concrete implicaties van het verdrag, alsook zijn specifieke rol binnen het grotere geheel aan relevante internationaalrechtelijke instrumenten, blijven echter het voorwerp vormen van veel giswerk en onzekerheid. Zowel de vraag naar de potentiële meerwaarde op vlak van mariene milieubescherming in gebieden buiten nationale jurisdictie, als de interactie met gerelateerde verdragen, organisaties en juridische regimes, zijn daarom bijzonder pertinent.

Prof. Em. Frank Maes presents a complete picture of MARPOL's ANNEX I provisions regarding construction and equipment standards for oil tankers specifically and all ships in general. The chapter is contained within Prof. Henrik Ringbom and Prof. Aldo Chircop's 2025 Commentary to the International Convention for the Prevention of Pollution from Ships, to this day, the only volume globally to comprehensively discuss the MARPOL Convention. Within it, leading international experts such as prof. Em. Frank Maes provide an authoritative analysis of the International Convention for the Prevention of Pollution from Ships 1973/78 and its subsidiary instruments, collectively known as MARPOL.

Protest at sea against deep-sea mining is on the rise. Following demonstrations against the activities of Global Sea Mineral Resources (GSR) in May 2021, Greenpeace interfered with the operations of Nauru Ocean Resources Inc. (NORI) in November 2023. The latter case received more media attention, increased involvement by the International Seabed Authority (ISA) and led to a Dutch court decision on the matter, shedding more light on a very complex legal issue. To what extent can such actions be reconciled with the freedom of the high seas? What is encompassed by ‘peaceful protest’ and do these protest activities against deep-sea mining meet the conditions? What other principles and provisions are relevant in these situations and how are these applied? And in case of infractions, which remedies are available and who is responsible to enforce the applicable rules? On the basis of a comprehensive examination of pertinent legislation, official documents and case law, this chapter will offer an insightful view on these issues and the relevant legal developments.

Under the prevailing consensus that Articles 192 and 194(1)(2) of the United Nations Convention on the Law of the Sea (UNCLOS) constitute due diligence obligations as obligations of conduct, small island states have advocated that in the context of climate change, these provisions should go beyond the due diligence obligations and encompass obligations of result. Some even argue that climate change has transformed the nature of these provisions into obligations of result. This paper, drawing upon the reasoning in the recent advisory opinion and analysing the specific rationales advanced by small island states, maintains that neither the concept of due diligence nor the aforementioned provisions of UNCLOS can be interpreted as containing or transforming into obligations of result.
The study emphasizes the critical distinction between the ‘standard of compliance’ for due diligence obligations and independent obligations of result. It further demonstrates that subsequent procedural obligations under Part XII of UNCLOS, along with other rules such as climate targets established by the Paris Agreement, could contribute to clarifying the ‘stringent standard’ of due diligence in climate change contexts. Finally, this paper focuses on achieving systemic coordination between procedural obligations and due diligence requirements, aiming to clarify existing controversies in this field.

The worldwide growing concern about climate change is leading industries to adopt measures to reduce negative externalities. New financial instruments have been developed under the umbrella of green finance aimed at meeting the financial requirements linked to significant investments for green strategies. Bulk shipping companies are increasingly aware of the environmental impacts caused by their operations. Nevertheless, the nature and intensity of funding solutions aiming at supporting green investments from bulk shipping companies are still scarcely investigated by academics. The first objective of this paper is to examine theoretical aspects associated with the green transition in the bulk shipping industry. The second objective is to empirically investigate the current state in green finance by analysing the most adopted green financial products by major international bulk companies, taking into account the most suitable solution for each green investment strategy and option available in the market. A multiple case study methodological approach is used to shed light on the current role of green finance in the bulk shipping industry. The research outcomes provide detailed insights to academics and practitioners about the range of green investment and financial solutions in the bulk industry, in terms of preferred financing methods, magnitude of financial resources gathered and other relevant profiles.

This study examines stakeholders' attitudes toward container terminal automation, aiming to place terminal automation as an innovation trajectory in the broader context of stakeholder relations management. Detailing first how the stakeholder environment plays a crucial role in shaping the path toward adopting innovation, the analysis focuses on key stakeholders, including governments, port management entities, dockworkers, local communities, ocean carriers, and supply chain actors, such as logistics service providers. Employing a survey-based approach, the descriptive statistical results capture these attitudes as perceived by terminal operators who have implemented automation. Furthermore, statistical analysis techniques are used to investigate the potential relationships between the factors driving automation and stakeholder views, the shifting of stakeholder attitudes over time, and their regional variations. The findings show that terminal operators view port authorities, ocean carriers, and the government as their primary supporters for automated operations, although this is not a priori the case. Dockworkers express the greatest opposition, particularly in Europe and the U.S., where dockworker unions are well organized and have a stronger voice in the debate over automation than in Pacific Asia. Communities are positive when automation is conceived as a way to address externalities associated with terminal operations. The research provides valuable insights into the challenges and strategies for fostering innovation in port operations. Furthermore, this study positions terminal automation as an innovation pathway within the broader framework of stakeholder relationship management, offering a comprehensive understanding of the dynamics that shape its adoption.

 Can the United States choose to ignore the international deep seabed regime laid down in the United Nations Convention on the Law of the Sea due to its status as a non-State Party? And what is the possible impact of its actions on the current legal order? Focusing on its conduct since the adoption of the Deep Seabed Hard Mineral Resources Act in 1980, this article aims to evaluate the legality of the US Executive Order of 24 April 2025 (‘Unleashing America’s Offshore Critical Minerals and Resources’) from the perspective of international law. It also provides readers with a general outlook and critical opinion on the potential next steps.

Container liner shipping companies, under the international shipping carbon reduction indicators proposed by the International Maritime Organization, must transform two key aspects: technology and operations. This paper defines a green liner shipping problem (GLSP) that integrates the deployment of a heterogeneous fleet, speed determination, and fuel bunkering. The objective is to achieve low-carbon operations in liner shipping, taking into consideration the diversification of power systems, the use of alternative fuels in ships, and the continuous improvement of alternative fuel bunkering systems. For this purpose, we present a bi-objective mixed integer nonlinear programming model and develop two methodologies: an epsilon-constraint approach and a heuristic-based multi-objective genetic algorithm. We validate the effectiveness of our model and methods through a case study involving container ships of various sizes deployed on intra-Asian short sea routes by SITC International Holdings Co., Ltd. The experimental results highlight the crucial role of dual-fuel (DF) ships in the pursuit of low-carbon strategies by liner companies, with liquefied natural gas and ammonia DF ships being the most widely used. Additionally, fuel cell (FC) ships, particularly those powered by ammonia and hydrogen, demonstrate significant carbon reduction potential. Furthermore, ships with larger container capacities have a greater cost advantage. For the GLSP, speed determination is an auxiliary decision, and the lowest speed is not necessarily the optimal choice. Decision-makers must carefully balance competing economic and carbon emission reduction objectives, as deploying more alternative fuel ships may increase fuel bunkering and fuel consumption, resulting in a higher total operating cost.

The Belgian Part of the North Sea and the North Sea in general are increasingly being used for the realisation of offshore wind farms. Given that space in the North Sea is limited and given the accelerated and extensive plans to realise wind energy projects, this creates tensions with other use options such as fisheries and navigation. For this reason, more and more voices are being heard that call for more flexibility as it comes to multiple use in the offshore wind zones. These questions relate to, for example, liability of the various parties involved, the power of initiative, the environmental assessments and permits (integration or not), the concession conditions, the entry conditions and safety zones. In this Book chapter (contained within the book "Offshore Energy Law: Challenges and Opportunities for Renewables and Hydrocarbons") the authors examine the concept of multiple use, the different types of multiple use applications in the Belgian Part of the North Sea and the different ways in which multiple uses can be regulated in the offshore energy zones (both from a Belgian and Dutch perspective).

As the scope of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) overlaps with what is governed by the international deep sea mining regime, interaction between these two frameworks is inevitable, but the nature and implications of this interaction remain largely unclear. The fact that the ratification process of the BBNJ Agreement coincides with the final phase in the development of rules and procedures for commercial exploitation activities in the field of deep sea mining only raises more questions and speculation. Marine environmental protection is a key component in the regulation of deep sea mining, but the rules and measures provided by the BBNJ Agreement might introduce significant changes that alter the legal context in which the deep sea mining regime currently operates, despite the BBNJ Agreement's overall ambition to promote coherence and the general precept not to undermine other legal instruments and relevant bodies. In order to unravel this ambiguous relationship, this article unpacks the principle not to undermine and applies it to the deep sea mining context, thereby demonstrating the issues associated with its interpretation and the consequences this may have. To assess some of the concrete implications in a more pragmatic manner, the article also zooms in on a number of questions and scenarios within the field of area-based management tools, whose relevance will only increase with time.

Hoewel het niet de eerste keer zou zijn dat men spreekt van een sleuteljaar voor de diepzeemijnbouwsector en het daaraan gekoppelde juridisch regime, blijkt 2025 toch opnieuw zeer bepalend te worden. Tegengestelde trends hebben zich de voorbije jaren gemanifesteerd en een (al dan niet frontale) botsing lijkt stilaan onafwendbaar.

Purpose - The research identifies the factors influencing the satisfaction of clearing and forwarding (C&F) agents in Shuwaikh Port, Kuwait, based on port service quality (PSQ). The research is based on the ROPMIS model to study PSQ. This research adds value to PSQ studies and the need to explore this concept further in the context of Kuwait Shuwaikh Port. Design/methodology/approach - Data were collected from 49 C&F agents using a survey method. A self-administered questionnaire was designed using extant literature. The data are analyzed using SPSS to carry out the validity and reliability, followed by correlation and regression analyses to study the ROPMIS factors on C&F satisfaction. Findings - The findings indicate that as per correlation analysis, all five PSQ factors are significant with C&F satisfaction. However, the regression results indicate that out of the five PSQ factors, only resources-related PSQ and management-related PSQ are significant towards C&F satisfaction. Research limitations/implications - This research implies a policy review need for current port operations and emphasizes understanding customer (C&F) expectations. PSQ improvements lead to economic benefits for the country by enhancing the effectiveness of logistics and port management. Practical implications - The findings promote the need to use technology for improved management, which could enhance Shuwaikh Port's service quality in Kuwait, meet C&F agents' needs and maintain industry competitiveness. Originality/valueThis paper fulfills an identified need to study PSQ in Kuwait government-operated ports to provide better end-user experience and satisfaction.

Maritime Autonomous Surface Ship (MASS) technologies have been developing rapidly in the last decade, but the commercial feasibility and implementation potential of MASS for merchant shipping is still unclear. To unleash the full potential of the technological development, this study investigates the feasibility of possible MASS variants for merchant shipping. We design a multi-criteria decision-making (MCDM) framework incorporating nine key determinants for MASS adoption. Three MASS variants with different degrees of autonomy and two shipping routes are evaluated. Perspectives of relevant maritime professionals were solicited through a websurvey, and the Bayesian Best-Worst Method (BWM) was used for the analysis of the collected data. We find that navigation anti-collision-anti-grounding systems, cybersecurity risks, and capital costs are the three most important criteria for the commercialization of MASS. The analysis further revealed that degree two MASS for intra-European container trade in the Mediterranean and Baltic using small-sized autonomous feeder vessels is considered as the most feasible for the commercialization of the MASS.