Note from the Editor

Ever since the time of the Phoenicians, geopolitics has impacted maritime trade. Conflicts gave rise to strategies that often included blockading trade routes to starve the enemy of its required resources, food, and arms. The strategy was singularly focused and used for centuries.

Todayโ€™s geopolitical climate has impacted the maritime industry through rising insurance premiums, increased freight rates, and spiking energy costs. Whether the issue is sanctions, tariffs, the skirmishes in the Red Sea, or the conflict in the Middle East, owners, charterers, shippers, vendors, insurers, crews, and the global consumer are all impacted. Vessels are altering routes, being blockaded, and being shot at. Insurers are trying to manage new and increased risks. And the global consumer is watching its buying power shrink.

The global maritime trade is the engine of the global economy. Todayโ€™s strategies to thwart an adversaryโ€™s geopolitical goals, while not much different in principle from the strategies of the Phoenicians, have significantly greater consequences for the global community. Notwithstanding the geopolitical landscape, ships are still trading, and the industry is still advancing its technologies. This edition of Mainbrace examines developments in maritime law, both in litigation and arbitration, provides updates on IMO negotiations, and explores the scope of U.S. government investigations of marine casualties.

โ€”ย William R. Bennett III, Editor


Mainbrace Editors

Note from the Editor

I recently had coffee with an acquaintance who works in real estate. He was aware that our law practice has a focus on shipping and presumed we were very busy because of the events taking place in the Strait of Hormuz. What was most interesting about his preยญsumption and the conversation that followed, was the awareness that geopolitical events that affect shipping cause significant disruption to global economic stability. He discussed the increased costs associated with managing buildings, in part due to rising fuel costs leading to increased prices for products and services. In addition to the economic impliยญcations, I explained to him about the increased pressures placed on owners, managers, insurers, and crew to keep ships moving safely and efficiently. This monthโ€™s issue touches on several issues related to the Iran War, including disruptions to navigation and legal risk, and also includes a primer on the Jones Act waiver related to the transportation of oil, natural gas, and other products between U.S. ports. 

At the end of our coffee, I felt like I had given a class on the basics of global shipping to an eager pupil who was ready to learn about how the international shipping industry affects our daily lives. It is hard to imagine the chaos and destruction that would ensue if shipping came to a worldwide halt. We would quickly revert to the Dark Ages. In short, international shipping is vital to supporting the global supply chain and ensuring stable economies, and governments must allow for free navigation.

โ€” William R. Bennett III, Editor


Mainbrace Editors