Shipping 2025

INTRODUCTION  Contributed by: Yoav Harris, John Harris (1940-2023) and Domiana Abboud, Harris & Co Maritime Law Office

developments in aviation precipitated by the First World War. After sinking the Russian ships Ivanovets on 1 February 2024 and Tsezar Kunikov on 14 Feb - ruary 2024, on 5 March 2024, Ukraine naval drones sunk Sergey Kotov, a patrol ship of the Russian Navy, in the Black Sea near the Kerch strait following two previous failed attempts to target it. On 31 December 2024, for the first time, a Ukrainian naval drone, Magura 5, reportedly successfully hit and downed an air target – a Russian Mi-8 helicopter on Crimea’s west coast – and damaged another. These sea-to-sea and sea-to-air attacks made by naval drones highlight how naval drone tech - nology contributes to a narrowing of the gap in the military capabilities between Ukraine and Russia, in terms of both air and naval forces. The International Maritime Organization (IMO) continues its work to keep pace with the rapidly evolving technological developments in autono - mous ships, holding a symposium titled “Sailing together: Striving for a future-proof IMO MASS Code ” on 14 May 2024 to share expertise on autonomous ship research and development. In the 108th session of the Maritime Safety Com - mittee (MSC), held in May 2024, the Committee continued to progress towards developing the MASS Code. At the subsequent 109th session held on December 2024, a revised road map was set, with the non-mandatory MASS Code to take effect in May 2026 and the mandatory code expected by July 2030, entering into force by 2032. EU Sanctions Against Russia and Russia’s Evasion Attempts The EU sanctions against Russia (Regulation No 833/2014), especially those focusing on the

shipping industry preventing Russian flag ves - sels from calling at EU ports (Article 3ea) and prohibiting the supply of navigation goods and technologies (Article 3f), are causing damage to the Russian fleet of approximately 2,800 ves - sels. The combination of sanctions, the age - ing Russian fleet and a lack of maintenance is causing distress to Russian flagged vessels; only recently, two Russian cargo ships, the 55-year- old Volgoneft 212 and the 51-year-old Volgoneft 239, ran aground, causing an oil spill in the Kerch Strait near Crimea. These incidents underline the impact of sanctions and how far-reaching their consequences can be. Regardless, Russia seems to apply any means to circumvent sanctions, implementing new methods of catching and dragging; recently, on 25 December 2024, the Russian-linked Cook Island-flagged Eagle S vessel dropped its anchor and dragged it, cutting the undersea electricity cable Estlink 2 connecting Estonia and Finland. The vessel was seized by Finland, with the seizure upheld by a Finnish court decision, and investigation of the incident is still ongoing. Reminder on Owners’ Obligations and Misdelivery of Cargo According to the English Rafaela S judgment, “Bills of lading stand as the international sale of goods, the operation of documentary cred - its mediating those sales, and the carriage of goods by sea… bills of lading have come to be regarded as ‘one of the pillars of international trade’”. If letters of credits are the “lifeblood” of cross-border commerce, as they are some - times described, “then it is bills of lading that are responsible for keeping the lifeblood flowing in most trades”. These are the opening words of honourable S Mohan J of the High Court of Singapore, in the judgment in Maersk Katalin [2024] SGHC 282, another matter where a carrier

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