Port and Terminal Regulations - Second Edition

In this revised edition, the book has expanded chapters on private and commercial terminal regulations. It discusses the legal and practical impact of port and harbour bye-laws and regulations on those parties that use terminals as part of their business. The book considers the relationship between terminal owners and their Port Authorities.

The global shipping industry is ever more vital to world trade, making a second edition of this book imperative. Supply chains have become even more sophisticated in recent years, and marine transportation is at the heart of an efficient supply chain. Cargo managers need to know where their suppliers are based, what are the best local transport facilities, where are the best ports, how many contractors are involved, where goods and title change hands and where problems may arise. Understanding the transportation cycle helps the understanding of risks and how to mitigate them. Contractual obligations are central to this task.

It is important for all users to have an understanding of port and terminal regulations and how they work. The use of ports and terminals, whether by shipowners or cargo owners, has legal and financial implications for all involved in the world of shipping, and misunderstandings of the applicable regulations and contractual obligations can prove expensive.

This new edition contains a number of revisions for clarification and to update the book. It has been expanded to provide more detail, particularly in Chapters 2, 3, 9, 10 and 13. It is illustrated with photographs taken by the author in the Baltic, Turkey and the Black Sea.

1 Scope and Background

2 Ports, Harbours and Terminals

3 Port and Harbour Authorities

4 Terminal Owners and Operators

5 Port and Terminal Bye-Laws and Regulations

6 Legal Status and Drafting Aspects of Bye-Laws and Regulations

7 Enforceability

8 Analysis: Port and Harbour Bye-Laws

9 Analysis: Private Terminal Regulations

10 Analysis: Commercial Terminal Regulations

11 Analysis: Project Terminal Regulations

12 Practical, Commercial and Political Considerations

13 Interface between Terminal Regulations and Terminal User’s other Contracts

14 Interface between Terminal Regulations and Terminal Owner’s other Contracts

15 Interface with Uncontracted Third Parties and other Potential Disputes

Anthony Jennings

Anthony Jennings was Senior Legal Advisor and Company Secretary at ChevronTexaco, now Chevron. He was a member of the legal committees of the United Kingdom Petroleum Industry Association (UKPIA), Oil & Gas UK and the Oil Companies International Marine Forum (OCIMF). Anthony has contributed to several Oil and Gas industry publications.

Roger Heward

Roger Heward is a Consultant for Norton Rose Fulbright LLP. He is a dispute resolution lawyer with experience in maritime, trade and energy disputes. Roger is a member of the Baltic Exchange and is a contributor to the Maritime Law Handbook, of which he was formerly the editor.