Professor Simon Baughen

Research Highlights

1. Baughen, S. (2019). Who is the Master Now? Regulatory and Contractual Challenges of Unmanned Vessels. New Technologies, Artificial Intelligence and Shipping Law in the 21st CenturyRoutledge

   SU Repository: https://cronfa.swan.ac.uk/Record/cronfa50307

   https://www.routledge.com/New-Technologies-Artificial-Intelligence-and-Shipping-Law-in-the-21st/Soyer-Tettenborn/p/book/9780367139179
2. Baughen, S. (2018). Jurisdiction and applicable law after Brexit. Maritime Liabilities in a Global and Regional ContextInforma Law (Routledge)

   SU Repository: https://cronfa.swan.ac.uk/Record/cronfa40077
3. Baughen, S. (2017). Demurrage time bars.. Journal of International Maritime Law, 23(6), 410-424.

   SU Repository: https://cronfa.swan.ac.uk/Record/cronfa38536
4. Baughen, S. (2018). After withdrawal. Charterers' Wrongs and Shipowners' Remedies. Lloyd's Maritime and Commercial Law Quarterly, 348-375.

   SU Repository: https://cronfa.swan.ac.uk/Record/cronfa38535
5. Baughen, S. (2017). Summerskill on Laytime (6th ed.). Sweet & Maxwell.

   SU Repository: https://cronfa.swan.ac.uk/Record/cronfa36620

   https://www.sweetandmaxwell.co.uk/Product/Commercial-Law/Summerskill-on-Laytime/Hardback/30803369

All Research

• LOGIC Mobile Drilling Rigs Standard Form Contract: An Analysis of its provisions on liability, risk and insurance. (current)

  PhD

  Other supervisor: Dr Tabetha Kurtz-Shefford

• Documentation under the Rotterdam Rules with a Comparative Analysis of the Hague-Visby Rules and the Rotterdam Rules (current)

  PhD

  Other supervisor: Prof Andrew Tettenborn

• CHINA-UK FREE TRADE AGREEMENT: CHALLENGES AND OPPORTUNITIES (current)

  PhD

  Other supervisor: Dr Arwel Davies

  Other supervisor: Dr Arwel Davies

• Legal Aspects of Incorporation of Clause Paramount in Time Charters, Voyage Charters and Bills of Landing (awarded 2021)

  PhD

  Other supervisor: Prof Andrew Tettenborn

• 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 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 several 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 these 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 focuses 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 with 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 utilise their knowledge in the global market.

• LAMM02 Charterparties: Law and Practice

  This is a module designed to give an insight into both the legal and commercial relevance of charterparties. The lectures will consider the legal principles which are relevant in relation to charterparties generally and also in relation to specific types of charter and will consider how such principles are evolving in response to market pressures. The module will also look at the relationship between charterparties and the other common contracts relating to the use of a ship and the carriage of goods.