The Institute of International Shipping and Trade Law (IISTL) has been actively engaged in responding to the implications of the Brexit referendum for maritime and commercial law, most recently with its webinar on 13 January 2021 on this topic that attracted more than 200 participants.

In January 2017 two IISTL members, Professors Baughen and Tettenborn, were invited to attend a workshop of industry stakeholders at the Department for Transport to discuss the changes to shipping law (and commercial law as it affects shipping) that would be necessitated by Brexit and they have provided follow-up advice since then.

This Group, amongst other things, recommended that;

  • The UK accede to the 2005 Hague Convention on Conflict of Laws in its own right;
  • References to ‘the Commission’ be replaced with references to equivalent UK bodies;
  • References in EU legislation to be retained as domestic UK law should ensure that references to a Member State included the UK, and that
  • References in EU legislation to future amendments to Regulations and Directives referred to in that legislation be curtailed with a cut-off point of those in force as of exit day, with specific reference to regulation 3(1) of the Environmental Damage Regulations 2015

It is very pleasing to note that, the UK’s legal position since 1 January 2021 largely corresponds to the advice provided.

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