| 1. |
- Kern, Jhonnie
(författare)
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Autonomous Wrecks
- 2023
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Ingår i: Regulation of Risk – Transport, Trade and Environment in Perspective. - Leiden Boston : Brill. - 9789004518667 ; , s. 369-391
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- The use of unmanned maritime vehicles and the potential of autonomous transport raise interesting questions of maritime law as to what happens should such property be subject to maritime casualties. The chapter discusses unmanned maritime vehicles and autonomous transport from a wreck law perspective with a focus on how such vehicles, crafts or vessels can be handled under the Nairobi International Convention on the Removal of Wrecks (WRC). It examines the legal framework's applicability in relation to such property as well as some key issues or problems that arise as a consequence of the special characteristics of unmanned maritime vehicles and autonomous transport in wreck removal situations. It is argued that the framework of the WRC is extensive enough to include various forms of this kind of property but that this also causes some problems as to the applicability of its provisions. Furthermore, issues concerning compulsory insurance and state sovereignty are discussed in relation to the WRC as well as the practical context in which this kind of property may operate and its ramifications for the applicability of the legal framework.
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| 2. |
- Kern, Jhonnie, et al.
(författare)
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Behovs- och systemanpassat underhåll av godsvagnar
- 2016
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Rapport (övrigt vetenskapligt/konstnärligt)abstract
- Dagens godstransportsystem på järnväg behöver åtgärdas för att förbättra såväl pålitlighet som punktlighet. Förevarande projekt syftar till att identifiera lösningar som enkelt kan implementeras och där effekter också enkelt kan beskrivas och förutses med avseende på underhåll och service av godsvagnar för morgondagens behov. Det bakomliggande syftet för dessa åtgärder är mer effektiva godstransporter. Tonvikt ligger i detta avseende på behovs- och systemanpassade åtgärder. Projektet syftar närmare till att utreda förutsättningarna för ett behovs- och systemanpassat underhåll av godsvagnar. Under projektets gång har mobila lösningar kring underhåll varit i fokus, varför rapporten riktar in sig på denna typ av underhåll. Trafikverket har bidragit med medel till projektet och utöver dem har Swemaint AB, BS Verkstäder AB och Handelshögskolan vid Göteborgs universitet medverkat i projektet. Föreliggande rapport redovisar resultaten av projektet.
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| 3. |
- Kern, Jhonnie
(författare)
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Wreck Law - A Systematisation of Legal Interests and Conflicts
- 2021
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The purpose of this thesis is to systematise legal interests and conflicts in relation to wrecks and wreck removal. The ambition of the systematisation is to provide a framework and a perspective of this area of law and the context in which these interests and conflicts reside. In order to achieve this, a classification of different wrecks is made. Wrecks are distinguished based on the problems that they can cause as well as other factors such as proprietary interests, ethical aspects and time. The study explores wrecks that pose hazards to the environment or to the navigation of other vessels, as well as wrecks that are subject to different needs of protection as a consequence of being dangerous, historical or sites that contain human remains. Wrecks are also distinguished in relation to time depending on whether the wreck is historical, modern or in-between these two categories. In relation to all these aspects, several jurisdictions, ranging from English law to the Nordic legal systems, and the variety of norms and perspectives that they bring to the area have been studied. Also the historical background to these issues as well as different interpretations and definitions of wreck are discussed. The systematisation can be used in various ways, e.g. in order to analyse problems involving wrecks and wreck removal as well as discussing possible regulatory mechanisms and solutions that can deal with the identified interests and conflicts. By systematising the interests and conflicts, a structure is created which makes it easier to approach and understand this area of law and the legal norms that are involved. The contribution of this work amounts to new knowledge because of the understanding that the structure brings as a whole but also in its different parts along with the legal issues that are analysed there.
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| 4. |
- Kern, Jhonnie
(författare)
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Wreck Removal - A Legal Study of Wreck Removal and the Contracting Processes Involved
- 2016
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Ingår i: Presentation at The Seventh Maritime Law & Policy International Postgraduate Research Conference, City Law London, 24 April 2016..
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- My PhD-project, which is currently in its inception, deals with different aspects of wrecks and wreck removal. It concerns mainly the private law aspects of this part of maritime law. More specifically questions regarding wreck removal and contractual aspects of such actions will be addressed. These situations tend to be complex with several subjects involved in the contracting process. Several different kinds of contracts can also be envisaged to facilitate a removal. The project is divided into two main parts. The first is an analysis of salvage and wreck removal contracts as such and the possible varieties of contracts in this field. The second part is meant to deal with standard forms of contracts when it comes to wreck removal. The contracts in focus are Wreckstage, Wreckfixed and Wreckhire, created within the framework of BIMCO. These are to be analysed and compared with each other as well as in relation to the different subjects involved in the contracting process. As a backdrop to these two parts, finally, the thesis will commence with a presentation and analysis of the overall general regulation concerning wrecks and wreck removal. This will entail comparative analysis of English as well as Swedish and other Nordic laws. Not much has been written on wrecks and wreck removal. At the same time the costs associated with such operations have risen dramatically over the years. This, taken together with the lack of research in this field, especially from a Swedish perspective, motivates the project
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| 5. |
- Kern, Jhonnie
(författare)
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Wreck Removal and the Nairobi Convention—a Movement Toward a Unified Framework?
- 2016
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Ingår i: Frontiers in Marine Science. - : Frontiers Media SA. - 2296-7745. ; 3:11, s. 1-10
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Tidskriftsartikel (refereegranskat)abstract
- The Nairobi International Convention on the Removal of Wrecks came into force on the 14th of April 2015 and provides a framework for wreck removal. Three central questions arise when dealing with shipwrecks; Who is responsible? What measures can and are to be taken based on such a responsibility? And lastly; how can the responsibility be enforced? The Nairobi Convention on the Removal of Wrecks addresses these questions. The registered owner of a ship bears strict liability according to the convention but can be exonerated by certain limited defenses. Measures that are to be taken include locating, marking, and subsequently removing the wreck. The onus to remove the wreck is on the registered owner, but there are also options available for the State affected by the wreck should the registered owner not cooperate or be unable to contact. Finally the convention strives to ensure enforceability by compulsory insurance for ships, wherever registered, with a gross tonnage of 300 tons and above calling any port or offshore facility in a State Party. The convention also enables an Affected State to claim the insurer directly. This article will analyze the convention by the use of the convention text, its preparatory works and legal writing. The article suggests that even though the convention provides a unified framework for wreck removal, it has inclusions that may actually inhibit harmonization. The convention is also in part unclear and ambiguous. Despite this the article concludes in the convention being a natural step forward in unifying the regulation of wrecks and providing a platform to deal with wreck removal in the future.
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