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IV. Report on the 14th East Asian Maritime Law Forum

Since 2008, scholars from Korea, China, and Japan have been holding annual East Asian Maritime Law Forums. The 14th East Asian Maritime Law Forum was held on August 30-31, 2024, at the CJ Law Hall of Korea University. The event began with an opening speech from Hwang Lee, Dean of the Korea University School of Law, followed by welcoming remarks from Zhu Zuoxian, Dean of Dalian Maritime University in China, Supreme Court Justice Noh Tae-ak, and Kwon Sung-won, President of the Korean Maritime Law Association.

In the first session, Professor James Hu from Shanghai Maritime University delivered a keynote speech introducing the latest amendment proposal to Chinese maritime law. His talk focused on the modernization of maritime cargo transport law, the establishment of a legal compensation system for marine pollution caused by ships, and an increase in the limits of liability. Attorney Yamaguchi from Japan provided a historical overview of the East Asian Maritime Law Forum, which has been held 14 times. He also explained the 2019 revisions to Japanese maritime law, including an amendment aimed at introducing electronic bills of lading, which take into account the UNCITRAL Model Law on Electronic Transferable Records. Professor Lee-sik, CHAI from Korea University emphasized the significance and importance of the event, offering suggestions for its future development.

In the second session, focusing on maritime law trends in each country, Professor Lixin Han and doctoral student Zehui Jiang from Dalian Maritime University explained the draft amendments to Chinese maritime law, prepared by the Ministry of Justice in April 2024. The draft includes a default rule stating that "the ownership of a ship under construction is determined by the contract between the parties. If there is no agreement, the ownership belongs to the shipbuilder." The draft also proposes expanding the scope of maritime law to cover coastal and inland waterway transportation. Professor Siqi Sun from Shanghai Maritime University presented 25 model maritime cases published by the Chinese Supreme Court over the past three years, focusing on six key cases in detail. Attorney Yamashita Shinichiro from Japan discussed Japan’s recent developments regarding electronic bills of lading, while also introducing a 2023 ruling from the Tokyo High Court concerning a collision in a narrow channel. Professor Kim In-hyeon from Korea University compared this case to a similar one in the UK Supreme Court in 2021, involving a collision in a narrow channel. He argued that both navigation rules for narrow channels and crossing relationships could apply simultaneously. Attorney Lianjun Li from Hong Kong introduced the legal system of Hong Kong, explaining the sources of maritime law and analyzing recent maritime cases, such as the Sanchi incident. He also discussed the Milano Bridge case from Korea. There were discussions led by Masaki Maeda from North Standard Japan, Professor Lee Jeong-won from Pusan National University, and Professor Bang Ho-sam from Chonnam National University.

In the third session, chaired by Professor Rui Zheng from Shanghai Maritime University, Professor Hu discussed the need for government involvement in decarbonization efforts, arguing that without subsidies for ship construction, the increased costs for carriers would burden consumers. He also emphasized the importance of establishing a solid supply chain for new marine energy. Professor Wenwen Li argued that Chinese maritime law must be revised to include provisions on electronic bills of lading to align with international trends. She emphasized that principles such as non-discrimination, functional equivalence, and security should be applied. Professor Xin Wang from Dalian Maritime University delved into the issue of ensuring seaworthiness, including cyber security, in autonomous ships. Professor Meixian Song presented on the topic "Possession or Control: What Difference Does It Make in Electronic Bills of Lading?" She concluded that the distinction between these two concepts is unnecessary, arguing that control of an electronic bill of lading is equivalent to possession of a paper bill of lading. Professor Kengo Minami from Keio University, Japan outlined the process of introducing electronic bills of lading in Japan, stating that they would be legally equivalent to paper bills of lading. He also suggested that it was highly likely that autonomous ships would become practical at the third-stage level. Professor Kim In-Hyeon from Korea University supported this view, arguing that it is reasonable to discuss responsibility relationships based on the third stage of autonomous ships. He noted that most of the seafarers' roles would be replaced by remote control systems on land, and that liability for cargo damage caused by the negligence of these systems should fall on the carrier. Dr. Hyun-kyun Lee from the Korean Legal Research Institute addressed the civil law issues related to decarbonization, arguing that while Korea currently requires electronic bills of lading to be registered with a government-approved entity, it should also accept systems like blockchain, which do not require registration. He also noted that while charterers bear the cost of supplying fuel for ships, shipowners should be responsible for installing the necessary equipment. Following these presentations, there was a discussion chaired by Professor Rui Zheng from Shanghai Maritime University, with Professor Park Young-jun from Dankook University and Dr. Lee Jong-duk from Samsung SDS participating as discussants.

In the closing ceremony, Professor Kim In-hyun, Director of Korea University's Maritime Law Research Center, expressed his gratitude to the presenters and discussants from China and Japan. Attendees also celebrated Professor Kim's retirement from Korea University as of August 31, 2024. Despite his retirement, Professor Kim pledged to continue his dedication to the East Asian Maritime Law Forum. The 15th East Asian Maritime Law Forum will be hosted by Shanghai Maritime University, as announced by Professor James Hu. The 14th forum concluded with participants enjoying a view of the Han River from the Bridge on the 17th floor of the HMM headquarters.