The Ever Given Shows the Unique Nature of Salvage in Contract Law

Courtesy BlackSky

PUBLISHED APR 21, 2024 2:43 PM BY RICHARD GUNN

 

 

The Court of Appeal decision in Smit Salvage BV & Ors v Luster Maritime SA & Anr (The ‘Ever Given’) highlights the challenges of negotiating contracts in rapidly changing environments, particularly in cases involving maritime casualties. Attempting to finalize a contract amidst such fluid circumstances can lead to uncertainties and legal disputes, as demonstrated in this case.

The judgment underscores the widely recognized appropriateness of the Lloyd's Open Form (LOF) in situations of maritime risk. Smit, the salvor, initially proposed utilizing LOF but was open to promptly entering into a commercial contract to regulate their position. However, the contract was never actually agreed.

Despite the absence of a formal contract, Smit proceeded with salvage operations after the Suez Canal Authority's (SCA) earlier attempts had failed. By salvaging and refloating the vessel, Smit provided a service to the owners without a “contract” of any description but under common law salvage provisions. The legal action initiated thereafter could be viewed as a distraction from the essential service rendered in salvaging the ship.

The judgment leaves open the question of what the court will ultimately award for the services provided. These considerations will be based on principles outlined in Article 13 of the Salvage Convention. While the specifics of the award remain to be determined, it is anticipated to align with established international salvage principles.”

Main points of the judgement

“The issue addressed by the courts was not primarily about the salvage operation itself, but rather about the principles of offer and acceptance in contract law. Despite the salvage context, the legal dispute primarily revolved around the formation of a binding contract.

The judgment underscores the unique nature of salvage operations, where assistance is rendered to vessels in distress without the presence of a pre-existing contract. This highlights the distinction between salvage, which is based on the principle of rendering assistance in emergencies, and contractual agreements, which require formal offer, acceptance, and consideration.

While LOF confirms that the services provided under it are salvage in nature, Wreck Hire contracts, by contrast, are essentially agreements not to provide salvage services. SCOPIC (the Special Compensation P&I Clause) assists with the global negotiation of such contracts by providing a ready-made set of rates for personnel and equipment. Such rates need no longer be negotiated other than by way of % uplift.

The judges all confirmed that on analysis of the exchanges, the offers by SMIT were all offers requiring agreement on more terms than just remuneration. The main terms of their offers included detail on nature of services, standard of care and payment terms.  The court found that the owners did not confirm these terms explicitly at any stage.

Despite SMIT's repeated offers, the owners rejected them on multiple occasions. SMIT, in response, emphasised their willingness to proceed promptly under agreed terms, or alternatively revert to LOF terms. The sequence of correspondence demonstrates SMIT's efforts to establish a clear contractual arrangement and the continuing nature of such discussions.

Ultimately, the courts concluded that based on the written exchanges, the owners failed to demonstrate an unequivocal intention to be bound by the terms proposed by SMIT. This finding underscores the importance of clear and unambiguous communication in contract formation, particularly in complex and evolving situations such as salvage operations.”

Richard Gunn is the leading partner in Reed Smith’s Casualty and Admiralty team.

The opinions expressed herein are the author's and not necessarily those of The Maritime Executive.

The Dali & Ever Given: General Average and Salvage in Ocean Freight

USACE file image

PUBLISHED APR 21, 2024 1:11 PM BY PHILIP TEOH

 

The owner of the Dali, the massive cargo ship that lost power and knocked down the Key Bridge on March 26, killing six men, has declared “general average,” according to Darrell Wilson, a spokesperson for the ship’s owner, Grace Ocean Private Ltd[1]. The incident has cost Baltimore the loss of a key bridge and massive disruption to the US supply chain. For the cargo on board, the cargo owners face the prospect of massive additional costs as a consequence of the declaration of general average[2].

Another seminal incident was the grounding of the large container vessel Ever Given within the Suez Canal while transiting the Suez Canal on March 23, 2021, lodging herself against both banks of the waterway. The blockage caused vessels to back up in the Mediterranean to the north and the Red Sea to the south[3]. Before the incident, the vessel sailed from the Malaysian port of Tanjung Pelepas. Not only did the incident expose the fragility of the shipping routes, it also demonstrated the principles of the law of salvage, in relation to the salvors' claim in freeing the vessel. Similarly, the cargo owners had to pay higher additional costs because of the salvage.

There are some principles of maritime law that have no equivalent under normal contract law or land or air carriage. Situations like general average and salvage may arise during the maritime adventure and parties involved eg shipowner, cargo owner and charterer will need to be aware as when situations of general average or salvage occur they impact parties and their property.

Do cargo owners need to contribute to general average charges if the incident was the fault of the Dali? The short answer is yes, because of the New Jason Clause invariably found the contract of carriage with owners of the Dali. The default position under US law is that an owner is not entitled to the contribution from cargo when the event is caused by the owner’s or his agent’s fault or neglect. This is so even if US COGSA applies to the voyage and the neglect or fault constitutes a defense under COGSA[4].The incorporation of a New Jason Clause in the contract of carriage changes this default rule.

GENERAL AVERAGE

General average is part of the law of the sea founded on equity. It formed part of the Rhodian law, was based in earlier custom and existed many centuries before the existence of marine insurance. ‘General average’ is ‘all loss which arises in consequence of extraordinary sacrifices made or expenses incurred for the preservation of the ship and cargo losses within general average, and must be borne proportionately by all who are interested[5].

Salvage

Salvage has been defined as a service which confers a benefit by saving or helping to save a recognized subject of salvage when in danger from which it cannot be extricated unaided, if and so far as the rendering of such service is voluntary in the sense of being attributable neither to a pre-existing obligation, nor solely for the interests of the salvor [6].

Ever Given and the Suez Canal

In March 2021, the large container vessel the Ever Given ran aground while transiting the Suez Canal on March 23, 2021, lodging herself against both banks of the waterway. The blockage caused vessels backed up in the Mediterranean and the Red [7].

The owners of the Ever Given had declared General Average. This meant that the costs of refloating and salvage of the ship is passed on the cargo owners on board on rateable proportion, depending of the value of each cargo owner’s cargo.

The claims of the salvors for the refloating of the vessel and freeing it from the Suez Canal was eventually brought to the English Courts and was decided by the Court of Appeal in the case of SMIT Salvage BV & others -v- Luster Maritime S.A. & another (Ever Given – salvage claim)[8]

The Court of Appeal held that the decision to fix additional tugs after remuneration was agreed was not made because of contractual certainty, but in response to the failure of the refloating attempt of 26 March 2021, which put the Respondents in a strong commercial position, giving them a reasonable expectation of a salvage award, if the parties did not conclude a contract. As the salvage remuneration is not limited by the agreement of the parties, the salvor claims for more than pursuant to a negotiated services agreement for the same operation.

In General Average and Salvage situations, the carrier has a right to lien the cargo. Where the cargo is insured under the usual ICC Clauses both the bond and the final amount of general average and salvage is covered under the insurance policy.

Philip Teoh is an International Maritime Lawyer and Arbitrator and practices in the Malaysian law firm of Azmi & Associates. He is a regular contributor to the Maritime Executive.

[1] Dali’s owner declares ‘general average’ in Key Bridge disaster. What does that mean? Baltimore Sun 18 April 2024 : https://www.baltimoresun.com/2024/04/17/key-bridge-dali-general-average/

[2] See Dali cargo owners face massive costs if general average is declared. Loadstar : https://theloadstar.com/dali-cargo-owners-face-massive-costs-if-general-average-is-declared/

[3] See the articles in the Maritime Executive : Ever Given – What Happens Now? At https://www.maritime-executive.com/editorials/ever-given-what-happens-now and Ever Given: Legal and Insurance Implications, Maritime Executive at https://maritime-executive.com/editorials/ever-given-legal-and-insurance-implications

[4] Like Hague and Hague-Visby, US COGSA exonerates the ship and carrier from liability for loss or damage resulting from an error in navigation or management of the ship or from unseaworthiness when the owner/carrier has exercised due diligence to make the vessel seaworthy. Carriage of Goods by Sea Act (COGSA) § 4, reprinted in 46 U.S.C. § 30701

[5] Birkley v Presgrave(1801) 1 East 220 at 228 per Lawrence J.

[6] Kennedy & Rose, Law of Salvage, 6th edition, published by Sweet & Maxwell 2002

[7] See the articles in the Maritime Executive : Ever Given – What Happens Now? At https://www.maritime-executive.com/editorials/ever-given-what-happens-now and Ever Given: Legal and Insurance Implications, Maritime Executive at https://maritime-executive.com/editorials/ever-given-legal-and-insurance-implications

[8] [2024] EWCA Civ 260, see also the Hill Dickinson Case Commentary at https://www.hilldickinson.com/insights/articles/court-appeal-agrees-no-binding-salvage-contract-concluded

The opinions expressed herein are the author's and not necessarily those of The Maritime Executive.

 

Survey: General Cargo Ships Lag Far Behind on Measures of Crew Wellbeing

File image courtesy ITF

PUBLISHED APR 21, 2024 4:45 PM BY THE MARITIME EXECUTIVE

 

 

Seafarers who have spent enough time in international trade are familiar with a general pattern in vessel quality: newer, fancier ships are often more comfortable, better-kept and better for growing a career. Recently-released survey data from vessel inspection agency Idwal confirms this broad impression, plus one more common belief - that on average, general cargo ships lag far behind other vessel classes when it comes to quality of life. 

This won't surprise many seafarers and inspectors, who see a rust-streaked tramp freighter flagged in a rust-streaked registry and can guess what to expect on board. But the consistency across metrics is surprising.  

On crew connectivity, general cargo vessels perform abysmally compared with the rest of the fleet, and they drag down the global average. On a percentage basis, when compared with costly and highly-regulated gas carriers (LPG, LNG, ammonia carriers, etc.), or more expensive tankers, general cargo ships are far less likely to have quality internet service for the people who work on board. Since internet bandwith can be expensive, depending on the satcom vendor, the ability of the shipowner to pay is part of the equation.

"General cargo vessels lag significantly in providing crew connectivity," Idwal observes. "As a common vessel type, impact is substantial."

Older vessels also tend to have poorer connectivity, in part because they may have outdated equipment or were built without any meaningful satcom capability on board. 

Fleetwide, most vessels have some form of internet for their crew, but 13 percent of all ships have no internet access - an "alarming" and "extremely disappointing" result, Idwal found. "Such a lack of basic connectivity exacerbates crew welfare issues," the consultancy wrote. 

General cargo ships also lag the fleet on most other metrics. Their operators are less likely to score well on PSC inspections; keep up the basic appearance of the ship; maintain basic crew health standards like clean water, good food and hygienic facilities; less likely to demonstrate good management by keeping up with paperwork; far less likely to provide recreational facilities on board; far less likely to provide comfortable accommodations; less likely to provide training, skill-building and advancement opportunities for their crew; and more likely to overwork their crews. 

"General cargo vessels . . . exhibit the poorest workload management, potentially leading to fatigue and job dissatisfaction," found Idwal. 

Perhaps unsurprisingly, the lowest inspection score that Idwal recorded during the period was for a general cargo vessel, flagged in Mongolia and classed by a non-IACS society. 

 

Locals Complain of Flooding After Construction of China's Gwadar Port

The Chinese-built and -operated port of Gwadar, Pakistan is a linchpin in China's Belt and Road Initiative

PUBLISHED APR 21, 2024 5:55 PM BY CHINA DIALOGUE OCEAN

 

 

[By Sajid Aziz] 

"It took me three days to take the flood water out of the house,” says Asghar Baloch, a local fisher living in the congested and squalid Mulla Band area adjacent to the Gwadar Port. “It was knee-deep, damaging the carpets, furniture and other household items. It has now been removed but it weakened the structure and base of the house.”

Like many of his neighbours in Gwadar’s low-income neighbourhoods like Mulla Band, TTC Colony and Shambay Ismail Ward, Asghar earns substantially below the national average. He told The Third Pole that his income varied, but was usually below PKR 30,000 (USD 108) a month, and while average income in Balochistan has risen in the last few years, it is still below the national average. For people like Asghar, it is hard to deal with the financial impact, and the floods did significant damage. Heavy rainfall lasted for 30 hours, which left five dead, a thousand homes and commercial structures damaged and scores displaced. Over 80 boats owned by low-income fishers were also destroyed.

Even weeks after the end of the deluge, stagnant water remains in a few areas and pumps are still at work to drain the remaining flood water.  The floods painted a dismal picture for the underdeveloped parts of Gwadar in the neglected province of Balochistan. The port at Gwadar is often described as the ‘crown jewel’ of the China Pakistan Economic Corridor (CPEC) – a part of China’s ambitious Belt and Road Initiative (BRI).

A perfect storm

Gwadar received more than 180 mm of rainfall in less than two days – an unusual level of precipitation for a largely dry region like Gwadar. Maha Husain, team lead at the climate and environment Initiative at the Research Society of International Law (RSIL), said “The Pakistan Meteorological Department ranked it as the 8th wettest February.”

Balochistan is particularly vulnerable to climate disasters. A report by the World Weather Attribution on the 2022 floods “found that the 5-day maximum rainfall over the provinces Sindh and Balochistan is now about 75% more intense than it would have been had the climate not warmed by 1.2?C, whereas the 60-day rain across the basin is now about 50% more intense, meaning rainfall this heavy is now more likely to happen”.

But climate change is only part of the story. The recent floods in Gwadar also revealed inadequate urban planning, which is significantly worsening the impact on local communities. Younus Aziz Mengal, who heads the provincial emergency operation centre at the province’s disaster management authority, attributes much of the destruction to the “absence of proper drainage systems” in the coastal town. Mengal adds that population growth and encroachment on waterways have also hindered the drainage system, leading to water accumulation in population centres.

For KB Firaq, an activist and founder of the Gwadar Environmental and Educational Welfare Society (GEEWS), the problems faced by locals during times of heavy rainfall is deeply linked with “development priorities and “disregard” for the traditional pathways of water.

He says, “There were natural drainage pathways in Gwadar before the development of the port and other infrastructure. The development projects in Gwadar disrupted these pathways without establishing alternative drainage systems.”

The case of Mulla Band serves as a poignant example of the challenges faced by communities in Gwadar amidst development projects. A significant portion of the area’s population was made to relocate to make way for the construction of the Gwadar Port. While the port has been modernised, what is left of Mulla Band has seen no investment, and is prone to frequent floods.

The construction of the six-lane East Bay Driveway in 2017 further exacerbated the situation for local communities in Gwadar by severing the connection between the sea and the city’s low-lying eastern region. Local communities, faced with a loss of livelihood, and concerned about the impact of floods, pressured the government into constructing three underpasses to address the concerns.

Unfulfilled promises

The city of Gwadar is no doubt integral to both China and Pakistan’s ambitions for regional connectivity. But while the state has framed the development of the port city as central to its vision of economic transformation, and vowed to usher Balochistan into a new era of development and modernity, local communities in Gwadar have expressed anxiety and fear about the pledges.

According to the Smart City Plan, Gwadar was envisioned to become the third largest city in Pakistan in terms of economic output, surpassing Karachi as the biggest hub of trade within a decade. The plan envisaged generating 1.2 million jobs in a city with a population of 137,695 people. Moreover, the ToR of the Gwadar plan called for “catering for climate change adaptability, disaster risk reduction and mitigation”.

It has been a decade since the CPEC project was initiated, and 5 years since the Smart City Plan was revised, but most of the population still lacks basic amenities including proper drainage systems and clean water. Mega projects have encountered frequent delays, with some struggling to even commence. The recent floods have only highlighted the glaring disparity between what was promised and the harsh realities, further deepening the distrust between the people of Gwadar and the state.

According to Husain, “The catastrophe in Gwadar highlights the need to invest in adaptation efforts across Balochistan”. She advocates avoiding “artificial construction” that disrupts Gwadar’s natural water flow to the sea, which can minimise flooding risks.

Firaq emphasises the need for inclusive and community-cantered policies and implementation. He says, “Local ownership arises when infrastructure initiatives consider the needs of local communities. An inclusive approach that incorporates indigenous wisdom, urban planning expertise while respecting Gwadar’s coastal ecosystem will mitigate flood risks and foster sustainable development”. 

Sajid Aziz is an independent researcher. He has previously worked as a Consultant at the Climate Resource Coordination Cell (CRCC).

This article appears courtesy of China Dialogue Ocean and may be found in its original form here. 

The opinions expressed herein are the author's and not necessarily those of The Maritime Executive.

 

New York Sets Up Dedicated Office for Removing Derelict Vessels

Courtesy NYC Parks

PUBLISHED APR 21, 2024 11:02 PM BY THE MARITIME EXECUTIVE

 

 

New York City is tackling the perennial problem of abandoned vessels with the establishment of an office that will be tasked with keeping waterfronts clear of marine hazards, which are becoming a threat to health, safety and the environment. 

New York's Parks Department says that over 800 derelict boats are located along the city’s 520 miles of shoreline. These deteriorating hulls pose a serious risk to navigation and public safety. They are also a threat to marine habitats and ecosystems in the event of oil and fuel leaks, and their fiberglass hulls leach large amounts of microplastics into the waters.

Since 2006, the Parks Department has removed 350 boats and 5,000 cubic yards of marine debris from the city’s shores, but the menace of abandoned boats remains prevalent.

To deal with the problem more effectively, the city has established a new Office of Marine Debris Disposal and Vessel Surrendering that will not only oversee the removal of derelict boats but also oversee a vessel turn-in program. This will allow New Yorkers to directly surrender their unwanted boats instead of abandoning them.

The city says that giving up vessels before they end up as floating risks or sunken hazards is one of the most effective measures for protecting the public and the natural environment.

The new office, the first of its kind in New York State, has been given $1 million by Mayor Eric Adams to begin clearing the derelict boats from the city’s shores. It is estimated that removing and safely disposing of one boat costs roughly $7,000.

“With this new office and innovative vessel turn-in program, we are protecting our shoreline from floating risks and sunken hazards, benefiting the people, flora, and fauna that rely on a healthy and clean waterfront,” said Sue Donoghue, NYC Parks Commissioner.

New York City Councilmember Joann Ariola, who has been pushing for the program, said that having an agency solely dedicated to abandoned boats will remove red tape for addressing the problem.

The new office will also recommend policies to bring enforcement action against people who abandon boats on the city’s shores. Other mandates will be to recommend programs to track and monitor vessels in order to prevent abandonment and work with volunteer groups involved in removing marine debris. CUNY Kingsborough Community College's marine technology program - the only one of its kind in the five boroughs - will be partnering with the boat-removal initiative.

 

China Cracks Down on Corruption in the Belt and Road Program

The Port City Colombo megaproject, a multibillion-dollar land reclamation and construction initiative in Sri Lanka (BRI/PRC)

PUBLISHED APR 21, 2024 11:18 PM BY THE STRATEGIST

 

 

[By Devendra Kumar]

The Chinese Communist Party (CCP) is increasingly taking a stand against corruption in the Belt and Road Initiative (BRI). Bribing foreign officials in securing projects has always been an unspoken BRI mechanism, but what’s become intolerable to the party is growing embezzlement of Chinese funds by Chinese officials. 

It’s an extension of a domestic campaign to catch official self-enrichment that began more than a decade ago. Still, holding down that side of corruption in the BRI is helpful in promoting the idea that the international infrastructure initiative is transparent and efficient. 

A review of Chinese documents reveals that the change began around 2021. Notably, officials of the party’s anticorruption agency, the Central Commission for Discipline and Inspection (CCDI), have been posted abroad with state-owned enterprises (SOEs) to monitor officials. 

China projects the BRI as a global public good. However, it also facilitates China’s economic influence through economic integration and resource extraction. And by creating dependence on China abroad, it lifts the country’s geopolitical influence. 

China floated the idea of a ‘clean’ BRI in the first Belt and Road Forum for International Cooperation in 2017. Since then, it has stepped up the narrative of its anticorruption measures being a fight against global corruption. That narrative downplays corrupt practices by Chinese companies in BRI projects. 

Official discourse has framed corruption in the BRI as a human problem that’s pervasive in all societies, thereby presenting Chinese concerns about corruption as reflecting the efficiency of the Chinese political system. Officials also present anticorruption concerns in terms of guarding against possible wrongdoing amid massive investments, rather than pointing to existing corrupt practices. 

However, it isn’t corruption in itself that has prompted Chinese authorities to step up monitoring and investigations. 

China has criminal law provisions for prosecuting officials for bribing foreign officials. However, there’s a qualification to those provisions: only cases involving ‘improper commercial benefit’ can be tried, and that’s difficult to define in legal cases. As a result, despite numerous allegations and reports of bribes by Chinese companies to foreign officials, only a few such cases have been prosecuted. In 2023, a local court in Guangzhou sentenced two former officials of the state-owned China Railway Tunnel Group Co Ltd for bribing Singaporean officials and embezzling. 

A few trials indicate that the CCDI’s efforts to tame corruption in BRI projects are aimed at those who embezzle Chinese money and resources, rather than those who bribe foreign officials. 

China launched an anticorruption drive to hunt down bribe-taking officials at home in 2013. Xi Jinping’s call for a ‘clean’ BRI in 2017 was an extension of that: a response to corruption cases involving domestic officials and SOEs with links to BRI projects. 

Chinese government officials often acknowledge that the large sums of money spent on BRI projects naturally breed corruption. Several officials from companies and financial institutions engaged in BRI projects have been investigated, and the number of those investigations has dramatically increased since 2021. 

Compared with earlier years of Xi Jinping’s rule, the number of corruption cases involving officials from SOEs and financial institutions has risen sharply. For example, the CCDI started investigating nearly 300 officials from such institutions in the 18?months after the 20th CCP National Party Congress in 2022, compared with around 400 during the first five years of the anticorruption campaign. 

Several of those officials are senior executives of SOEs and financial institutions that have also invested in BRI projects. However, due to a lack of transparency in anticorruption trials, assessing corruption’s true extent and nature in the BRI is challenging. The high number of investigations of officials from SOEs operating domestically, which also have large stakes in the BRI, is an indication that policymakers are worried. 

For example, in the past two years, the CCDI has investigated around two dozen senior officials of the Export and Import Bank of China and the China Development Bank, which are among the top lenders for BRI projects. Similarly, several officials from the COSCO group and its associated companies have been investigated since 2014. COSCO is the largest state-owned conglomerate involved in shipping and logistics. 

In the past few years, China has signed a series of extradition treaties with BRI countries, to help investigate and bring corrupt Chinese officials to book. The CCDI has placed its officers within companies in BRI projects and organized regular joint inspections of projects with local authorities. The agency has been running corporate compliance courses for enterprises in the BRI since 2018 and introductory courses on the anticorruption system for officials from BRI countries. 

The negligible number of people in BRI projects who have been tried for bribing foreign officials indicates that Chinese authorities are more worried about Chinese resources and money being embezzled rather than corruption generally. The anticorruption effort in the BRI is really just a case of taking the domestic campaign abroad. 

Devendra Kumar is an associate fellow at the Centre of Excellence for Himalayan Studies, School of Humanities and Social Sciences, Shiv Nadar Institution of Eminence, Delhi–NCR. The views expressed are his own.

This article appears courtesy of The Strategist and may be found in its original form here. 

The opinions expressed herein are the author's and not necessarily those of The Maritime Executive.

 

Opportunities and Challenges for Transpacific "Green Corridor"

Maersk's first methanol-powered container ship takes on green fuel at Singapore (MPA file image)

PUBLISHED APR 21, 2024 11:02 PM BY THE MARITIME EXECUTIVE

 

 

A year after the ports of Singapore, Los Angeles, and Long Beach committed to setting up a green corridor along the Pacific's primary containerized-freight lanes, a new study paints a clear picture of the benefits and challenges ahead for the initiative.

The study, commissioned by global intercity partnership C40 and the three partner ports, and conducted by the American Bureau of Shipping, found that the success of the green and digital shipping corridor (GDSC) initiative rests on the availability, price, and well-to-wake (WtW) emission factors of alternative clean fuels - specifically methanol and ammonia.

Decarbonizing the corridor to meet International Maritime Organization (IMO) net zero targets will see a gradual reduction in demand for fuel oil, while demand for LNG is projected to remain relatively constant from 2025 through to 2050. Most newbuild orders for containerships are for dual-fuel engines, accounting for around 60 percent of the current order book.

The study shows that while methanol and ammonia are expected to play the central role, uncertainties could impact availability of the alternative fuels and limit widespread adoption.

The corridor is currently dominated by the use of conventional fuels. 642 vessels made 1,606 voyages over the period between the first quarter of 2021 and the third quarter of 2023, consuming over 3.9 million tons of oil and resulting in 5.7 million tons of greenhouse gas emissions annually.

A majority of the voyages are indirect in nature, and energy consumed by direct voyages accounted for just 2.5 percent of traffic. About 98 percent of the corridor’s energy demand is currently met with conventional fuels, with much of the remainder being met by LNG. A total of 80 percent of vessel traffic on the corridor is container traffic, 12 percent is petroleum products and six percent is RoRo vessels.

“Both ammonia and methanol-based fuels will be crucial to achieving both short-term targets and long-term deep decarbonization of the shipping activity on the corridor, regardless of the decarbonization trajectory,” notes the study.

Though the path for a green corridor is littered with clean fuel challenges, the corridor has the potential to bring about significant economic benefits for participating countries, green jobs, and health improvements for local communities. No matter the tangible results, the lessons-learned will still be valuable for the industry, according to C40.

“It is important to understand that while a lot of corridors are exploring the feasibility of certain solutions, they may not progress to actually having projects built and ships in the water,” said Alisa Kreynes, Head of Ports and Shipping for C40 Cities, speaking at Singapore Maritime Week. “That doesn’t mean they’re a failure.”

CANADIAN PARLIAMENT HONORS BITCOIN CREATOR SATOSHI NAKAMOTO

By Emman Omwanda
April 21, 2024




CONTENTS
1. What impact did Satoshi Nakamoto have on Bitcoin?
2. Tribute to Satoshi Nakamoto signals widespread acceptance of Crypto


Canadian Parliament formally acknowledges Bitcoin creator Nakamoto.

Satoshi Nakamoto’s identity remains shrouded in mystery.

Bitcoin has gained significant recognition in political spheres.


A Canadian lawmaker made a groundbreaking gesture, allowing fellow lawmakers to applaud Satoshi Nakamoto, the mysterious inventor of Bitcoin. This is not merely political identity recognition for the minds behind Bitcoin; it is primarily due to the game-changing technology in the blockchain on which this digital currency was invented.

What impact did Satoshi Nakamoto have on Bitcoin?

Satoshi Nakamoto’s ground-breaking ideas in the realm of digital have depth. Nakamoto made the way by launching Bitcoin in 2009 for the DeFi revolution that supports decentralization. The Bitcoin white paper and the initial implementation of the Bitcoin code, the first reference implementation for blockchain technology, followed one another and opened Doors to many applications of this technology. In addition to launching the new currency, his innovation effectively conceptualized trust and transactions in digital environments.

Nakamoto person’s real identity is still a secret as this person succeeds to remain a mysterious figure. Although the code is written by ‘Satoshi Nakamoto,’ who is a Japanese man by all inferences, the real person persists to be the cause for speculation given the fact that various experts from the software engineering field across the USA and Europe are suggested to be the ones behind the alias. It was December 2010 when Nakamoto left a community that imagined a small cryptocurrency and mentioned that it was impossible in x months.

Tribute to Satoshi Nakamoto signals widespread acceptance of Crypto

The Canadian Parliament’s acknowledgment of bitcoin tributes shows the immeasurable leaps ahead of digital currencies in being considered a part of traditional finance. In certain cases, Bitcoin, especially, demonstrated the remarkable dislocation. It is not only that the digital coin was bought considering it a haven and a bullish asset, but it also found its substantial application in payment systems and as a shelter against money erosion. The political talk about digital currencies reflects that they are multi-faced in economic policies and the regulatory budget nowadays.

The fact that the head of the Canadian government’s recognition of digital currencies in an official environment, such as the Houses of Parliament, isn’t merely a symbol of intellectual transformation in digital currencies but a positive step toward accepting this paradigm across the globe.

This is a clear, inevitable sign that digital cryptocurrencies are increasingly important in contemporary global economics, and credit to one person is the main key to this shift. The greeting to Satoshi Nakamoto that was done on a public stage is not only a way of praising his efforts but also a signal to the other leaders to embrace technology in matters that concern government policies and economic planning.


Disclaimer. The information provided is not trading advice. Cryptopolitan.com holds no liability for any investments made based on the information provided on this page. We strongly recommend independent research and/or consultation with a qualified professional before making any investment decision.


Emman Omwanda is a blockchain reporter who dives deep into industry news, on-chain analysis, non-fungible tokens (NFTs), Artificial Intelligence (AI), and more. His expertise lies in cryptocurrency markets, spanning both fundamental and technical analysis.

ELON MUSK CONTINUES TO RUIN TWITTER’S LEGACY, NOW WANTS YOU TO PAY BEFORE YOU TWEET

By Jai Hamid
April 18, 2024

Elon Musk confirms new users of X (formerly Twitter) will have to pay a “small fee” to post, like, bookmark, or reply.

The fee is introduced to combat the surge in bot activity and fake accounts, exacerbated by advanced AI.

Significant staff cuts, including the content moderation team, under Musk’s leadership have led to an increase in spam.


Elon Musk, the man unfortunately in charge of what used to be Twitter, has stirred up yet another controversy. He’s now set on making new users cough up cash just to tweet, like, bookmark, or even reply. This is him trying to usher in a whole new era for the platform, where access isn’t just about logging in but also paying up.
Paywall Incoming for New Users

Straight from the horse’s mouth, Musk admitted that X would start charging newbies for what used to be free. The fee, which he did not quantify, is ostensibly to combat bots—an issue he seems fixated on. According to Musk, advancements in AI have made it too easy for bots to bypass traditional security checks, leading to a surge in fake accounts. He seems to think making real humans pay is the solution.

Last year, X dabbled with a payment model in New Zealand and the Philippines, charging a nominal annual fee. Based on Musk’s recent comments, this wasn’t just a test run but the beginning of a broader strategy to implement fees globally.



Musk’s rationale? He’s tired of bots and fake accounts overrunning the platform. He also mentioned that the fee might be temporary, perhaps just for the first three months after a user signs up—a grace period, if you will, to see if it helps clean up the platform.
Controversial Changes and Community Backlash

Musk’s tenure has been nothing short of dramatic. Since taking over in late 2022, he’s chopped the workforce, including the team responsible for keeping the platform clean of spam and inappropriate content. This decision, predictably, led to a noticeable increase in spam—exactly the problem he now claims to solve with a fee.

Furthermore, anyone can now buy their way into verification on X, granting their posts and replies more visibility. This change, unsurprisingly, hasn’t been received well by all, with some users pointing out that it’s only increased the visibility of spam, rather than curbing it.

Musk previously hinted that the fee structure might extend beyond new users to all users. Yes, you heard that right. Everyone might have to pay to tweet if Musk’s plans unfold as hinted.

Financially, things haven’t been looking great for X either. Advertisers have been jumping ship, wary of Musk’s hardcore free speech stance and his tolerance for edgier content. This has reportedly led to a sharp decline in revenue—a trend that’s worrying for any platform that relies heavily on ad dollars.

Initial reports of these changes appeared on X Daily News, framing the fee as a way to reduce spam and improve user experience. However, Musk’s comments about the necessity of the fee, its potential duration, and its scope leave many questions unanswered. What’s clear is that following accounts and browsing will remain free, which prvides little consolation for those upset by the new pay-to-participate model.

Disclaimer: The information provided is not trading advice. Cryptopolitan.com holds no liability for any investments made based on the information provided on this page. We strongly recommend independent research and/or consultation with a qualified professional before making any investment decision



Jai Hamid is a passionate writer with a keen interest in blockchain technology, the global economy, and literature. She dedicates most of her time to exploring the transformative potential of crypto and the dynamics of worldwide economic trends.

ICYMI

Biden signs reauthorization of surveillance program into law despite privacy concerns

By The Associated Press
Published April 20, 2024 

Manuel Balce Cenet AP

President Biden salutes as he boards Air Force One as he leaves Andrews Air Force Base, Md., on his way to his Delaware home on Friday.

April 20, 2024 

WASHINGTON — President Biden on Saturday signed legislation reauthorizing a key U.S. surveillance law after divisions over whether the FBI should be restricted from using the program to search for Americans' data nearly forced the statute to lapse.

Barely missing its midnight deadline, the Senate had approved the bill by a 60-34 vote hours earlier with bipartisan support, extending for two years the program known as Section 702 of the Foreign Intelligence Surveillance Act. Biden thanked congressional leaders for their work.

"In the nick of time, we are reauthorizing FISA right before it expires at midnight," Senate Majority Leader Chuck Schumer said when voting on final passage began 15 minutes before the deadline. "All day long, we persisted and we persisted in trying to reach a breakthrough and in the end, we have succeeded."

U.S. officials have said the surveillance tool, first authorized in 2008 and renewed several times since then, is crucial in disrupting terrorist attacks, cyber intrusions, and foreign espionage and has also produced intelligence that the U.S. has relied on for specific operations, such as the 2022 killing of al-Qaida leader Ayman al-Zawahri.

"If you miss a key piece of intelligence, you may miss some event overseas or put troops in harm's way," Florida Sen. Marco Rubio, the top Republican on the Senate Intelligence Committee, said. "You may miss a plot to harm the country here, domestically, or somewhere else. So in this particular case, there's real-life implications."

The proposal would renew the program, which permits the U.S. government to collect without a warrant the communications of non-Americans located outside the country to gather foreign intelligence. The reauthorization faced a long and bumpy road to final passage Friday after months of clashes between privacy advocates and national security hawks pushed consideration of the legislation to the brink of expiration.

Though the spy program was technically set to expire at midnight, the Biden administration had said it expected its authority to collect intelligence to remain operational for at least another year, thanks to an opinion earlier this month from the Foreign Intelligence Surveillance Court, which receives surveillance applications.

Still, officials had said that court approval shouldn't be a substitute for congressional authorization, especially since communications companies could cease cooperation with the government if the program is allowed to lapse.

Hours before the law was set to expire, U.S. officials were already scrambling after two major U.S. communication providers said they would stop complying with orders through the surveillance program, according to a person familiar with the matter, who spoke on the condition of anonymity to discuss private negotiations.

Attorney General Merrick Garland praised the reauthorization and reiterated how "indispensable" the tool is to the Justice Department.

"This reauthorization of Section 702 gives the United States the authority to continue to collect foreign intelligence information about non-U.S. persons located outside the United States, while at the same time codifying important reforms the Justice Department has adopted to ensure the protection of Americans' privacy and civil liberties," Garland said in a statement Saturday.

But despite the Biden administration's urging and classified briefings to senators this week on the crucial role they say the spy program plays in protecting national security, a group of progressive and conservative lawmakers who were agitating for further changes had refused to accept the version of the bill the House sent over last week.

J. Scott Applewhite / AP
Senate Majority Leader Chuck Schumer, D-N.Y., looks over his notes during a meeting with Ukraine's Prime Minister Denys Shmyhal as Congress moves to advance an emergency foreign aid package for Israel, Ukraine and Taiwan, at the Capitol in Washington, Thursday, April 18, 2024.

The lawmakers had demanded that Schumer, D-N.Y., allow votes on amendments to the legislation that would seek to address what they see as civil liberty loopholes in the bill. In the end, Schumer was able to cut a deal that would allow critics to receive floor votes on their amendments in exchange for speeding up the process for passage.

The six amendments ultimately failed to garner the necessary support on the floor to be included in the final passage.

One of the major changes detractors had proposed centered around restricting the FBI's access to information about Americans through the program. Though the surveillance tool only targets non-Americans in other countries, it also collects communications of Americans when they are in contact with those targeted foreigners. Sen. Dick Durbin, the No. 2 Democrat in the chamber, had been pushing a proposal that would require U.S. officials to get a warrant before accessing American communications.

"If the government wants to spy on my private communications or the private communications of any American, they should be required to get approval from a judge, just as our Founding Fathers intended in writing the Constitution," Durbin said.

In the past year, U.S. officials have revealed a series of abuses and mistakes by FBI analysts in improperly querying the intelligence repository for information about Americans or others in the U.S., including a member of Congress and participants in the racial justice protests of 2020 and the Jan. 6, 2021, riot at the U.S. Capitol.

But members on both the House and Senate intelligence committees as well as the Justice Department warned requiring a warrant would severely handicap officials from quickly responding to imminent national security threats.

"I think that is a risk that we cannot afford to take with the vast array of challenges our nation faces around the world," said Sen. Mark Warner, D-Va. chairman of the Senate Intelligence Committee.

Copyright 2024 NPR. To see more, visit https://www.npr.org

SURVEILLANCE LAW, SIGNED BY BIDEN STIRRING PRIVACY AND SECURITY DEBATES

By Emman Omwanda
April 22, 2024



CONTENTS
1. New surveillance law, Privacy, and Security Concerns
2. Impacts of the Law on Internet Service Providers


New law boosts surveillance and ignites privacy debates.

Bipartisan support is evident despite concerns about civil liberties.

Amendment for warrant requirements narrowly defeated in House.

President Joe Biden enacted the continuation and amendment of Section 702 of the Foreign Intelligence Surveillance Act (FISA), up to the addition of two years to American surveillance practice. While true supporters described the legislation as good in the hour of need, there were quite a few challengers to it, even from the group of privacy advocates and some of the politicians who believed it could go against Americans’ basic rights.
New surveillance law, Privacy, and Security Concerns

The bill, Reforming Intelligence and Securing America Act, has received overwhelming support from bipartisan representatives, Sullivan added as a National Security Adviser. It is hoped that it will provide a further constitutional check on the use of Section 702 to prevent national security risks.

Such an inheritance gives rise to all intelligence and law enforcement agencies, such as the NSA, the FBI, and the CIA, being able to examine foreign communications without a warrant, which some suppose could eventually lead to direct surveillance of U.S. citizens. Thus, this raises the concern of privacy and security.

A distinct divide between the two prominent factors of national security and personal privacy rights was well-illustrated by a legislative process. Although the bill drew widely spread backing mainly because it served as a means to fight terrorism and protect national security, opponents claimed that the bill had the possibility of abusing the powers of surveillance activities. The most notable among the critics was Elizabeth Goitein from the Brennan Center for Justice, who found the bill’s nominal reform inadequate for defending civil rights.

Impacts of the Law on Internet Service Providers

The bill passed the House; nonetheless, it generated dispute; an amendment that asked security agencies to obtain a warrant for internet-based surveillance occasionally failed in the House. This move was a visible reflection of the ever-growing challenges that must be overcome to achieve the right balance between the need for safety and privacy.

As the implications of Internet service providers and privacy regulations continue to evolve, the need for robust surveillance policies and rigorous implementation of these safeguards becomes increasingly prominent. Under Section 702 renewal, the U.S. intelligence agencies may also demand providers like Google or Verizon to display internet users’ data for investigative purposes, thus expanding data collection techniques from their national criteria.

This capability raises concerns for consumer rights activists, who fear that the new law would require many internet service providers whose duties are unclear to pivot to government spying.

For this reason, the White House says that this very specific act, the Reforming Intelligence and Securing America Act, has included the smartest and most powerful set of changes concerning oversight, privacy, and civil liberties. These initiatives are designed to balance the rising demand for intelligence with the desire to respect individual privacy rights.

After the law is implemented, discussions on the right balance between national security and privacy will continue, raising several areas of concern like policy, governance, and citizen rights. This continuing dialogue is highly likely to impact the making of laws and, as a result, judicial decisions related to privacy in the United States.

Disclaimer. The information provided is not trading advice. Cryptopolitan.com holds no liability for any investments made based on the information provided on this page. We strongly recommend independent research and/or consultation with a qualified professional before making any investment decision.


Emman Omwanda is a blockchain reporter who dives deep into industry news, on-chain analysis, non-fungible tokens (NFTs), Artificial Intelligence (AI), and more. His expertise lies in cryptocurrency markets, spanning both fundamental and technical analysis.

Doordarshan TV anchor faints live on air while reading heatwave updates in Bengal

ET Online

Updated: Apr 21, 2024,

Synopsis
A Doordarshan anchor, Lopamudra Sinha, fainted while delivering heatwave updates live on air in Kolkata. Sinha attributed her fainting spell to intense heat and a sudden drop in blood pressure. Despite feeling unwell and parched before the broadcast, she rarely keeps a water bottle with her during broadcasts. Sinha's collapse highlighted the ongoing severe heatwave affecting parts of Odisha, Jharkhand, and West Bengal, with temperatures soaring above normal levels. She advised viewers to take precautions amid the scorching heat.

Parts of India are currently grappling with a severe heatwave, with temperatures soaring to 46 degrees celsius in some areas. In a dramatic incident, Lopamudra Sinha, an anchor with the Kolkata branch of Doordarshan, collapsed on live television while delivering updates on the heatwave.

The Fainting Episode

Sinha, who has been in the broadcasting field for 21 years, recounted the moment she felt unwell and parched before the morning broadcast on Thursday. Despite rarely keeping a water bottle with her during broadcasts, she felt the need for water that day. However, due to the lack of visuals and breaks in the broadcast, she couldn't find an opportunity to drink water until the end of the show.
"The teleprompter faded away and I blacked out... I collapsed on my chair," she said in a video shared on her Facebook page.

She stated that she fainted "due to intense heat and because her blood pressure plummeted suddenly". The anchor also said that due to some snag in the cooling system, there was extreme heat inside the studio.

She said she was feeling unwell and parched before the morning broadcast on Thursday. "I never keep a water bottle with me. Be it a fifteen-minute or half an hour broadcast, I have never felt the need to sip water during broadcasts in my 21 years of career. But, I felt parched even as 15 minutes were left for the broadcast to end. When the TV was showing visuals and not my face, I pointed to the floor manager and asked for a bottle of water," she said in Bangla.


The Collapse

While reading a story about the heatwave, Sinha's speech started to slur, indicating that something was wrong. She attempted to complete her presentation, but the teleprompter faded, and she eventually blacked out. Fortunately, this happened during an animation on television, giving her some moments before she collapsed on her chair.

"While reading a heatwave story, my speech started getting slurred. I tried to complete my presentation. The teleprompter faded away and I blacked out. But luckily, it happened while a 30 to 40 seconds animation was playing out on television. During that time, I collapsed on my chair."

Prompt Response

Colleagues rushed to her aid, splashing water on her face and fanning her to help her recover. Sinha expressed gratitude to the producers for managing the broadcast after her fainting spell and apologized to the channel for the mishap.

Heatwave Impact

The incident sheds light on the severe heatwave currently affecting parts of Odisha, Jharkhand, and Gangetic West Bengal. The temperatures in some places are seven to eight degrees above normal, with Midnapore and Bankura in West Bengal recording 44.5 and 44.6 degrees Celsius, respectively. It is crucial to stay hydrated and take precautions to prevent heat-related illnesses during such extreme weather conditions.

Sinha's experience serves as a reminder of the importance of staying hydrated, especially during heatwaves. As the heatwave continues to affect parts of India, it is essential for everyone to take necessary precautions to stay safe and healthy.