Professor Simon Baughen

Professor (Maritime Law)

Law

+44 (0) 1792 606319

s.j.baughen@swansea.ac.uk

Office - 047
Ground Floor
Richard Price Building
Singleton Campus

Available For Postgraduate Supervision

Research Links

https://orcid.org/0000-0003-0837-4501

About

Professor Simon Baughen was appointed as Professor of Shipping Law in September 2013 (previously Reader at the University of Bristol Law School). Simon Baughen studied law at Oxford and practised in maritime law for several years before joining academia.

His research interests lie mainly in the field of shipping law, but also include the law of trusts and the environmental law implications of the activities of multinational corporations in the developing world. Simon is a member of the Institute of International Shipping and Trade Law (IISTL) at Swansea University.

Areas Of Expertise

Maritime Law
Trusts Law
Human Rights Litigation against Multinational Companies
Climate change and law

Publications

Research Highlights

Baughen, S. (2024). Shipping and the EU Emissions Trading Scheme and Maritime Transport: Its Effect on Shipping Contracts. In Stephen Girvin and Vibe Ulfbeck (Ed.), Carbon-Free Shipping and Shipping Carbon (pp. 93-112). Hart Publishing
https://doi.org/10.5040/9781509972661.ch-006, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa67930
Baughen, S. (2023). "Am I my brother's keeper? Liability in tort for the acts of third parties.". In Baris Soyer (Ed.), Damages, Recoveries and Remedies in Shipping Law (pp. 292-311). Informa Law from Routledge
https://doi.org/10.4324/9781003376347, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa64511
http://dx.doi.org/10.4324/9781003376347
Baughen, S. (2022). Shipping and Climate Change. In Soyer, Tettenborn (Ed.), Disruptive Technologies, Climate Change and Shipping (pp. 127-147). Informa Law by Routledge
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa62889
Baughen, S. (2022). What is EU Maritime Law – and will the UK miss it after Brexit?. In Shengnan Jia, Lijun Liz Zhao. (Ed.), Commercial and Maritime Law in China and Europe (pp. 16-39). Informa Law by Routledge
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa62840
Baughen, S. (2019). Title to sue and COGSA 1992. Is there a black hole for cargo claimants?. Journal of International Maritime Law, 25(6), 463-477.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa54259

All Research

Journal Articles

Baughen, S. (2019). Title to sue and COGSA 1992. Is there a black hole for cargo claimants?. Journal of International Maritime Law, 25(6), 463-477.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa54259
Baughen, S. (2018). After withdrawal. Charterers' Wrongs and Shipowners' Remedies. Lloyd's Maritime and Commercial Law Quarterly, 348-375.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa38535
Baughen, S. (2017). Demurrage time bars.. Journal of International Maritime Law, 23(6), 410-424.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa38536
Baughen, S. (2016). Environmental Damage and UK Offshore Operations: Uncertain Liabilities in Deep Waters. Journal of Environmental Law, eqw024
https://doi.org/10.1093/jel/eqw024, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa28397
Baughen, S. (2016). AM I MY AGENT’S KEEPER? THE GLOBAL SANTOSH IN THE SUPREME COURT. Journal of International Maritime Law, 22(4), 264-267.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa31380
Baughen, S. (2015). “Customary International Law and its Horizontal Effect? Human Rights Litigation between Non-State Actors”. Rutgers University Law Review, 67, 89-125.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa22537
Baughen, S. (2015). Off-hire claim and arrest of ship.. Journal of International Maritime Law, 20(5), 319-321.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa22539
Baughen, S. (2014). Laytime Definitions for Charter Parties.. Journal of International Maritime Law, 19(5), 363-365.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa22540
Baughen, S. (2013). Holding Corporations to Account. Crafting ATS suits in the UK. British Journal of American Legal Studies, 2, 533-577.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa15265
http://www.bcu.ac.uk/elss/school-of-law/research/centre-for-american-studies/british-journal-american-legal-studies/current-issue
Baughen, S. (2013). European Union maritime law.. L.M.C.L.Q. 2014, 3(Aug) Supp (International Maritime and Commercial Law Yearbook, 2014, 159-163.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa22538
Baughen, S. (2012). Withdrawal with cargo still on board. The Kos. Lloyd's Maritime and Commercial Law Quarterly, 2012(3), 343-349.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa17341
Baughen, S. (2010). ‘Bailment or Conversion? Misdelivery claims against non-contractual carriers’. Lloyds Maritime and Commercial Law Quarterly, 3(2010), 411-430.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa15263
http://www.i-law.com/ilaw/doc/view.htm?id=252633
Baughen, S. (2010). 'Performing Animals and the Dissolution of Unincorporated Associations: The "Contract-Holding" Theory Vindicated',. The Conveyancer and Property Lawyer, 74, 216-233.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa17342

Authored Books

Baughen, S. (2017). Summerskill on Laytime (6th ed.). Sweet & Maxwell.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa36620
https://www.sweetandmaxwell.co.uk/Product/Commercial-Law/Summerskill-on-Laytime/Hardback/30803369
Baughen, S. (2015). Human Rights and Corporate Wrongs. Closing the Governance Gap. Edward Elgar.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa26522
Baughen, S. (2013). Summerskill on Laytime (5th edition) Sweet & Maxwell.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa15264
http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=5091&searchorigin=+9780414048553&productid=508937
Baughen, S. (2012). Shipping Law (5th ed) Routledge Cavendish.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa17343
Baughen, S., Stewart Q.C., N., & Campbell, N. (2011). The Law of Unincorporated Associations Oxford University Press.
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa17340

Book Chapters

Baughen, S. (2024). Shipping and the EU Emissions Trading Scheme and Maritime Transport: Its Effect on Shipping Contracts. In Stephen Girvin and Vibe Ulfbeck (Ed.), Carbon-Free Shipping and Shipping Carbon (pp. 93-112). Hart Publishing
https://doi.org/10.5040/9781509972661.ch-006, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa67930
Baughen, S. (2023). "Am I my brother's keeper? Liability in tort for the acts of third parties.". In Baris Soyer (Ed.), Damages, Recoveries and Remedies in Shipping Law (pp. 292-311). Informa Law from Routledge
https://doi.org/10.4324/9781003376347, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa64511
http://dx.doi.org/10.4324/9781003376347
Baughen, S. (2022). What is EU Maritime Law – and will the UK miss it after Brexit?. In Shengnan Jia, Lijun Liz Zhao. (Ed.), Commercial and Maritime Law in China and Europe (pp. 16-39). Informa Law by Routledge
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa62840
Baughen, S. (2022). Shipping and Climate Change. In Soyer, Tettenborn (Ed.), Disruptive Technologies, Climate Change and Shipping (pp. 127-147). Informa Law by Routledge
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa62889
Baughen, S. & Tettenborn, A. (2021). International Regulation of Shipping and Unmanned Vessels. In Baris Soyer, Andrew Tettenborn (Ed.), Artificial Intelligence and Autonomous Shipping Hart Publishing
https://doi.org/10.5040/9781509933389.ch-001, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa57059
Baughen, S. (2021). Unmanned Vessels and International Conventions for the Carriage of Goods by Sea. In Baris Soyer, Andrew Tettenborn (Ed.), Artificial Intelligence and Autonomous Shipping Hart Publishing
https://doi.org/10.5040/9781509933389.ch-004, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa57060
Baughen, S. (2020). Multimodal Carriage of Goods by Sea: Time for an International Convention?. In Stephen Watterson and Charles Mitchell (Ed.), The World of Maritime and Commercial Law (pp. 41-62). Hart Publishing
https://doi.org/10.5040/9781509932436.ch-003, SU Repository: https://cronfa.swan.ac.uk/Record/cronfa54386
Baughen, S. (2019). Sailing round the CLC. Environmental Damage in EU Maritime Waters.. In Jason Chuah (Ed.), Research handbook on maritime law and regulation. (pp. 148-169). Edward Elgar Ltd
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa54260
Baughen, S. (2019). Who is the Master Now? Regulatory and Contractual Challenges of Unmanned Vessels. New Technologies, Artificial Intelligence and Shipping Law in the 21st Century Routledge
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa50307
https://www.routledge.com/New-Technologies-Artificial-Intelligence-and-Shipping-Law-in-the-21st/Soyer-Tettenborn/p/book/9780367139179
Baughen, S. (2018). Jurisdiction and applicable law after Brexit. Maritime Liabilities in a Global and Regional Context Informa Law (Routledge)
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa40077
Baughen, S. (2016). Laytime and Demurrage in CIF and FOB Contracts. International Trade and Carriage of Goods (pp. 35-52). Taylor & Francis
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa33242
http://www.tandfebooks.com/isbn/9781315644929
Baughen, S. (2015). Lease Finance and Demise Charters. Lessors’ Risks and Liabilities. Ship Building, Sale and Finance Informa Law
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa26523
https://www.routledge.com/Ship-Building-Sale-and-Finance/Soyer-Tettenborn/p/book/9781138841116
Baughen, S. (2014). HEAVYCON 2007: Liabilities, Exceptions, Indemnities. in Soyer, Tettenborn Offshore Contracts and Liabilities. (pp. 29-52). Informa Law
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa22536
Baughen, S. (2013). Terminal operators and liability for cargo claims under English law. Carriage of Goods by Land Sea and Air. Unimodal and Multimodal Transport in the 21st Century (pp. 267-285). Informa Law from Routledge
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa17718
Baughen, S. (2012). Maritime Pollution and State Liability. Pollution at Sea. Law and Liability (pp. 219-247). Informa
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa17344
Baughen, S. (2010). Misdelivery claims under bills of lading and international conventions for the carriage of goods by sea.. The Carriage of Goods by Sea under the Rotterdam Rules (pp. 163-190). Lloyd's List
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa15266
Baughen, S. (2009). Charterparty bills of lading - cargo interests' liabilities to the shipowner. The evolving law and practice of voyage charterparties (pp. 217-250). Informa
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa17345
Baughen, S. (2009). 'Obligations owed by the shipper to the carrier'. A new convention for the carriage of goods by sea - The Rotterdam Rules. (pp. 169-189). Lawtext Publishing Ltd
SU Repository: https://cronfa.swan.ac.uk/Record/cronfa17346

Supervision

LOGIC Mobile Drilling Rigs Standard Form Contract: An Analysis of its Provisions on Liability, Risk and Insurance (awarded 2022)

PhD

Other supervisor: Dr Tabetha Kurtz-Shefford
Documentation Under The Rotterdam Rules With A Comparative Analysis Of The Hague-Visby Rules, The Hamburg Rules, and The Rotterdam Rules (current)

PhD

Other supervisor: Prof Andrew Tettenborn

Taught Modules

LACM10 Carriage of Goods by Sea, Land and Air

Goods are carried all over the world by different modes of transport ¿ by land, rail, sea and air. This module analyses the issues that arise in relation to each form of transportation. In most cases, cargo is carried purely by one mode of transport (unimodal transport). For example, bulk cargoes are generally carried solely by sea and such carriage is subject to compulsory international regimes which are intended to regulate that mode of carriage i.e. the Hague, Hague-Visby and Hamburg Rules. Similarly, high value cargoes and pharmaceuticals are generally carried solely by air and are compulsorily subject to the Warsaw/Montreal Conventions. However, it is also common for goods to be carried in the one receptacle but by different modes of transport e.g. one container may be carried by road, rail, sea and air (multimodal transport). Such form of carriage gives rise to difficulties since whilst separate conventions apply to individual legs of the carriage, there is no one international convention which applies to the whole of such carriage. This module is designed to analyse the different features and characteristics of the different forms of contract of carriage that are currently used in relation to both unimodal and multi modal transport, the problems that may be faced when cargo carried under such contracts is lost or damaged and the part played by the current international regimes i.e. the Hague, Hague-Visby and Hamburg Rules in relation to carriage by sea, the Warsaw/Montreal Conventions in relation to carriage by air, CMR in relation to carriage by road and CIM/COTIF in relation to carriage by rail. The module also considers multi-modal contracts of carriages, which are not subject to any international regime. Finally, this module examines several contemporary difficulties which arise both in relation to the nature of bailment contracts and the practicalities of cargo claims.
LACM20 International Corporate Law and Governance

A spate of high-profile corporate failures over the past few decades have called for detailed examination and investigation of the legal and financial backdrop against which these disasters have been played out. Issues including the role, duties and liabilities of directors, the function of shareholders and various stakeholders, and importantly, the part played by the professional agents of theses separate organs of the company, have become a compelling focus for company lawyers and other corporate regulators on a global scale. The effects of globalisation, together with the increase in foreign investment and resource development within the developing world, have created a context for human rights abuses by States in which transnational corporations are complicit. The second part of the module focusses on these `governance gaps¿, as identified by Professor John Ruggie, the UN¿s Special Representative, and considers how they may be closed. We shall examine the status of corporations under international law, the civil liability of corporations for their participation in international crimes, and self-regulation through voluntary codes of conduct, such as the 2011 UN Guiding Principles In the first semester, we aim to provide students an overall knowledge and appreciation of company law and other forms of governance in the contemporary environment, with a specific focus on the UK perspective. Recent changes in this field will also be explored, to discover how the legal system encourages the practical transition to a more sustainable corporate culture. In the second semester, we will provide a comprehensive analysis of the major legal issues emanating from the trans-border operations of multinational enterprises. We examine the commercial concerns of transnational companies against the context of the national, regional and international regimes governing labour, human rights, environmental, sustainable development and corporate social responsibility issues. We will also consider the regulatory choices open to policy makers at both home and host states of multinational enterprises. This module will provide a strong platform for students intending to utilize their knowledge in the global market.
LAMM02 Charterparties: Law and Practice

This is a module designed to give an insight into both the legal and commercial relevance of charterparties. The lectures will consider the legal principles which are relevant in relation to charterparties generally and also in relation to specific types of charter and will consider how such principles are evolving in response to market pressures. The module will also look at the relationship between charterparties and the other common contracts relating to the use of a ship and the carriage of goods.

Professor Simon Baughen

Telephone number

Email address

Research Links

About

Areas Of Expertise

Publications

Research Highlights

All Research

Journal Articles

Authored Books

Book Chapters

Supervision

LOGIC Mobile Drilling Rigs Standard Form Contract: An Analysis of its Provisions on Liability, Risk and Insurance (awarded 2022)

Documentation Under The Rotterdam Rules With A Comparative Analysis Of The Hague-Visby Rules, The Hamburg Rules, and The Rotterdam Rules (current)

Taught Modules

LACM10 Carriage of Goods by Sea, Land and Air

LACM20 International Corporate Law and Governance

LAMM02 Charterparties: Law and Practice