Professor Simon Baughen
Professor (Maritime Law)
LLM Shipping & Trade
Telephone: (01792) 606319

Professor Simon Baughen was appointed as Professor of Shipping Law in September 2013 (previously Reader at the University of Bristol Law School). Simon Baughen studied law at Oxford and practised in maritime law for several years before joining academia. His research interests lie mainly in the field of shipping law, but also include the law of trusts and the environmental law implications of the activities of multinational corporations in the developing world.

Areas of Expertise

  • Maritime Law
  • Trusts Law
  • Human Rights Litigation against Multinational Companies

Publications

  1. Summerskill on Laytime. London: Sweet & Maxwell.
  2. Human Rights and Corporate Wrongs. Closing the Governance Gap.. Cheltenham: Edward Elgar.
  3. Environmental Damage and UK Offshore Operations: Uncertain Liabilities in Deep Waters. Journal of Environmental Law, eqw024
  4. AM I MY AGENT’S KEEPER? THE GLOBAL SANTOSH IN THE SUPREME COURT. Journal of International Maritime Law 22
  5. Laytime and Demurrage in CIF and FOB Contracts. In Baris Soyer and Andrew Tettenborn (Ed.), International Trade and Carriage of Goods. (pp. 35-52). Taylor & Francis.

See more...

Teaching

  • LA-367 Equity & Trusts for Graduate Diploma in Law regulated by the Solicitors Regulation Authority and Bar

    Conversion course for non law graduates to fulfil academic requirements of professional bodies and enable progression to those wishing to become solicitors or barristers.

  • LAA201 Equity & Trusts 1

    This module examines the nature and development of equity and affords an overview of the key principles and doctrines of equity. The module focuses in particular on the trust which is equity¿s most important creation. It provides a sound basis for understanding the nature and types of trusts, the diverse contexts in which trusts arise, the principles governing their creation and enforcement, the beneficial interests operating behind the trust, the obligations imposed on trustees and the remedies available for breaches of trust.

  • LAA204 Equity & Trusts1

    This module examines the nature and development of equity and affords an overview of the key principles and doctrines of equity. The module focuses in particular on the trust which is equity¿s most important creation. It provides a sound basis for understanding the nature and types of trusts, the diverse contexts in which trusts arise, the principles governing their creation and enforcement, the beneficial interests operating behind the trust, the obligations imposed on trustees and the remedies available for breaches of trust.

  • LAA206 Equity & Trusts 2

    This module examines the nature and development of equity and affords an overview of the key principles and doctrines of equity. The module focuses in particular on the application of the trust concept to modern life including charitable trsuts, resuting trusts and constructive trusts. It provides a sound basis for understanding the nature and types of these types of trust, the diverse contexts in which these trusts arise, the principles governing their creation and enforcement, the beneficial interests operating behind the trust, the obligations imposed on trustees and the remedies available for breaches of trust.

  • LAA209 Equity & Trusts 2

    This module examines the nature and development of equity and affords an overview of the key principles and doctrines of equity. The module focuses in particular on the application of the trust concept to modern life including resuting trusts and constructive trusts. It provides a sound basis for understanding the nature and types of these types of trust, the diverse contexts in which these trusts arise, the principles governing their creation and enforcement, the beneficial interests operating behind the trust, the obligations imposed on trustees and the remedies available for breaches of trust

  • LAAM03 Trade, Investment and Human Rights

    This module will examine the human rights obligations of trans-national corporations (TNCs) under customary international law, and the rights given to foreign investors under customary international law and under investment treaties. Part one. The obligations of TNCs. 1.What constitutes customary international law? To what extent can non-state entities, including corporations, can be said to owe obligations thereunder? 2. Transnational litigation in the US against TNCs for violations of human rights and for environmental damage. - suits under the Alien Tort Statute where the cause of action is based on the violation of ¿the law of nations¿. - suits in tort. - the liability of parent corporations in respect of the activities of subsidiary corporations involved in overseas operations. - establishing jurisdiction in the federal courts and in state courts. - applicable law. 3. Transnational litigation in other jurisdictions, such as the UK, Canada, Australia, the Netherlands, for violations of human rights and for environmental damage. - a cause of action based on international law? - suits in tort. - the liability of parent corporations in respect of the activities of subsidiary corporations involved in overseas operations. - establishing jurisdiction. - applicable law. 4. Voluntary codes of conduct adopted by TNCs. 5. UN initiatives regarding TNCs, specifically the 2011 Ruggie Guiding Principles. Part two. The rights of TNCs. 6. Customary international law and the protection of aliens. 7. Protection of companies under the European Convention on Human Rights. 8. Rights of foreign investors under bilateral and multilateral investment treaties. The focus will be on arbitral awards under bilateral investment treaties and multilateral investment treaties such as NAFTA and the Energy Charter Treaty with a view to analysing whether the rights given to foreign investors to claim compensation for actions of a State which amount to indirect expropriation place a disincentive on States to introduce social and environmental protection legislation and regulation.

  • LACM10 Carriage of Goods by Sea, Land and Air

    Goods are carried all over the world by different modes of transport ¿ by land, rail, sea and air. This module analyses the issues that arise in relation to each form of transportation. In most cases, cargo is carried purely by one mode of transport (unimodal transport). For example, bulk cargoes are generally carried solely by sea and such carriage is subject to compulsory international regimes which are intended to regulate that mode of carriage i.e. the Hague, Hague-Visby and Hamburg Rules. Similarly, high value cargoes and pharmaceuticals are generally carried solely by air and are compulsorily subject to the Warsaw/Montreal Conventions. However, it is also common for goods to be carried in the one receptacle but by different modes of transport e.g. one container may be carried by road, rail, sea and air (multimodal transport). Such form of carriage gives rise to particular difficulties since whilst separate conventions apply to individual legs of the carriage, there is no one international convention which applies to the whole of such carriage. This module is designed to analyse the different features and characteristics of the different forms of contract of carriage that are currently used in relation to both unimodal and multi modal transport, the problems that may be faced when cargo carried under such contracts is lost or damaged and the part played by the current international regimes i.e. the Hague, Hague-Visby and Hamburg Rules in relation to carriage by sea, the Warsaw/Montreal Conventions in relation to carriage by air, CMR in relation to carriage by road and CIM/COTIF in relation to carriage by rail. The module also considers the impact of future developments such as the possible implementation of the Rotterdam Rules which are intended to regulate all modes of transport in the same manner. Finally, this module examines a number of contemporary difficulties which arise both in relation to the nature of bailment contracts and the practicalities of cargo claims.

  • LACM20 International Corporate Law and Governance

    A spate of high profile corporate failures over the past few decades have called for detailed examination and investigation of the legal and financial backdrop against which these disasters have been played out. Issues including the role, duties and liabilities of directors, the function of shareholders and various stakeholders, and importantly, the part played by the professional agents of theses separate organs of the company, have become a compelling focus for company lawyers and other corporate regulators on a global scale. The effects of globalisation, together with the increase in foreign investment and resource development within the developing world, have created a context for human rights abuses by States in which transnational corporations are complicit. The second part of the module focusses on these `governance gaps¿, as identified by Professor John Ruggie, the UN¿s Special Representative, and considers how they may be closed. We shall examine the status of corporations under international law, the civil liability of corporations for their participation in international crimes, and self-regulation through voluntary codes of conduct, such as the 2011 UN Guiding Principles In the first semester, we aim to provide students an overall knowledge and appreciation of company law and other forms of governance in the contemporary environment, with a specific focus on the UK perspective. Recent changes in this field will also be explored, to discover how the legal system encourages the practical transition to a more sustainable corporate culture. In the second semester, we will provide a comprehensive analysis of the major legal issues emanating from the trans-border operations of multinational enterprises. We examine the commercial concerns of transnational companies against the context of the national, regional and international regimes governing labour, human rights, environmental, sustainable development and corporate social responsibility issues. We will also consider the regulatory choices open to policy makers at both home and host states of multinational enterprises. This module will provide a strong platform for students intending to utilize their knowledge in the global market.

  • LAQ304 Equity and Trusts 1

    This module examines the nature and development of equity and affords an overview of the key principles and doctrines of equity. The module focuses in particular on the trust which is equity¿s most important creation. It provides a sound basis for understanding the nature and types of trusts, the diverse contexts in which trusts arise, the principles governing their creation and enforcement, the beneficial interests operating behind the trust, the obligations imposed on trustees and the remedies available for breaches of trust.

Supervision

  • Legal Aspects of Incorporation of Clause Paramount in Time Charters, Voyage Charters and Bills of Landing (current)

    Student name:
    PhD
    Other supervisor: Dr Theodora Nikaki
    Other supervisor: Prof Simon Baughen
  • CHINA-UK FREE TRADE AGREEMENT: CHALLENGES AND OPPORTUNITIES (current)

    Student name:
    PhD
    Other supervisor: Dr Arwel Davies
    Other supervisor: Prof Simon Baughen

Research Groups

  • Member

    Institute of International Shipping and Trade Law (IISTL)