Research Institutes
Rotterdam Institute for Shipping & Transport Law

participants

  • Prof. dr. F.G.M. (Frank) Smeele
    Director of RISTL
    Prof. in Commercial Law

    Curriculum Vitae
    Frank Smeele (1966) graduated in European Studies and in Dutch Law at the University of Amsterdam in the year 1991.

Before his graduations at the University of Amsterdam, Frank Smeele graduated in English Law at the University of Kent in 1990. After several years as a university lecturer he obtained his Doctoral degree in 1998 at the Erasmus University Rotterdam for a PhD-thesis on the identity of the carrier under bills of lading written under the supervision of Prof. Dr. Haak. In 1998 Frank Smeele was appointed as a lawyer at the Van Traa Advocaten Law firm. From 2004 to 2007 he was at partner at this law firm. Along side his work as a lawyer he was appointed Professor in Internationaal Zeerecht (International Law of the Sea) at the Erasmus University. In the year 2007 he was appointed Professor in Commercial Law at the Erasmus University and he held this chair ever since.

Main Areas of Research
Carriage of Goods; Shipping Law; Maritime Law; Bills of Lading; Limitation of Liability; Jurisdiction; Private International Law.

Courses
Prof. dr Smeele teaches Carriage of Goods, Law of the Ship, Maritime Casualties and Commercial Litigation at Master level.

PhD Thesis
Passieve legitimatie uit cognossement (The Identity of the Carrier under Bills of Lading), diss. Rotterdam, Kluwer: Deventer. (1998)

Selected Publications

Contact Details
Office: Sanders Building Room L7-055, Erasmus University School of Law
Phone: +31 (0)10 - 408 87 27
Email: smeele@law.eur.nl

  • Prof. dr. K.F. (Krijn) Haak
    Prof. in Commercial Law

    Curriculum Vitae
    Krijn Haak (1947) graduated in law at the University of Utrecht in 1973.

After several years as a junior and then senior lecturer at Leyden University and Utrecht University he obtained his Doctoral degree in 1984 at Utrecht University for a PhD-thesis on the liability of the carrier under the CMR written under supervision of Prof. Dr. Wachter.

From 1986 to 1991 Krijn Haak worked as a judge at the district court of Rotterdam. In 1991 he was appointed Professor of Commercial law at Erasmus University Rotterdam and he has held this chair ever since. During the academic year 2009-2010 Krijn Haak has been appointed visiting professor at the Catholic University of Leuven (Belgium). Besides his academic duties Prof. Haak is also a part-time judge with the District Court of Rotterdam, a part-time Appeal Judge with the Arnhem Court of Appeal and Arbitrator. Krijn Haak is involved in many commissions and organizations, e.g. as senior lecturer of the prestigious post-graduate Grotius Course on Transport Law, as editor of the Dutch law journal “Schip en Schade” and as annotator in the Dutch law journal “Nederlandse Jurisprudentie”.

Main Areas of Research
Commercial Law; Transport Law.

Courses
Prof. dr. Haak teaches Handelsverkeersrecht (commercial law) at Bachelor level and Verdieping Vervoerrecht (Advanced Transport law) at Master level.

PhD Thesis
De aansprakelijkheid van de vervoerder ingevolge de CMR (The liability of the Carrier under the CMR), diss. Utrecht, Stichting Vervoeradres: The Hague, an English translation of this dissertation was published in 1986 also by Stichting Vervoeradres (ISBN: 9080004820). (1984)

Selected Publications

  • (1992) De expediteur: een grensgeval (The freight forwarder a borderline-case), inaugural address Erasmus University Rotterdam, W.E.J. Tjeenk Willink
  • (1995) ‘The implementation of CMR-law in the Dutch New Civil Code’, in: K.F. Haak, E.C. Swart (ed.), Road Carrier's Liability in Europe II, p. 83-92, Stichting Vervoeradres: Den Haag.
  • (2000) ‘Comparison CMNI and CMR (Convention international carriage by road)’, Tijdschrift Vervoer & Recht, 4(1), p. 13-16.
  • (2004) with M.A.I.H. Hoeks‘Arrangements of intermodal transport in the field of conflicting conventions’, Journal of International Maritime Law, 2004(11), p. 422-434.
  • (2005) ‘The harmonization of intermodal liability arrangements’, European Transport Law, p. 11-51.
  • (2005) ‘Ro-ro transport under CMR, Art.2: The Dutch solution’, Lloyd's Maritime & Commercial Law Quarterly, p. 308-315.
  • (2005) with M.A.I.H. Hoeks‘Intermodal transport under unimodal arrangements’Transportrecht, p. 89-102.
  • (2007) International Encyclopaedia of Laws, Transport Law, 256 pp., Kluwer Law International, Alphen aan den Rijn.
  • (2009) ‘Europäische Lösung der deutsch-niederländischen Kontroversen in den CMR-Interpretation? Präjudicielle Fragen des höchste niederländischen Berufungsgerichts (Hoge Raad) an den Gerichtshof der Europäischen Gemeinschaft (EuGH) bezüglich der Quartetts Zuständigkeit, Anhängigkeit, Anerkennung und Vollstreckung‘, Transportrecht, p. 189-199.

Contact Details
Office: Sanders Building Room L7-048, Erasmus University School of Law
Phone: +31 (0)10 - 408 16 37 (direct line) | +31 (0)10 - 408 16 42 (secretary)
Email: haak@law.eur.nl

  • Dr. R. (Dick) Zwitser
    Senior Lecturer

    Curriculum Vitae
    Dick Zwitser (1951) graduated in law (1977) and Social Sciences (1978) at the University of Tilburg.

After working several years as a junior and then senior lecturer at Leyden University he obtained his Doctoral degree from Leyden University in 1984 for a PhD on the privity of contract principal under Dutch law. Since 1985 Dr. Zwitser has worked as a junior and later senior lecturer at Erasmus University School of Law.

Main Areas of Research
Commercial Law, Carriage of Goods, Bills of Lading

Courses
Dr. Zwitser teaches courses in Commercial Law both at the Bachelor level (in Dutch), and at the Master level (in Dutch and English).

PhD Thesis
Rond art. 1376 BW: overeenkomsten gelden vanwege en dus tussen partijen (Around article 1376 Civil code: Contracts are binding because of the parties and therefore between the parties), diss. Leyden, with an English summary on pages 240-242 (1984).

Contact Details
Office: Sanders Building Room L7-048, Erasmus University School of Law
Phone: +31 (0)10 - 408 24 34 (direct line) | +31 (0)10 - 408 16 10 (secretary)
Email: zwitser@law.eur.nl

  • S. (Stephan) Geense LL.M
    Junior research fellow

    Curriculum Vitae
    Stephan Geense graduated from Erasmus University Rotterdam School of Law in 2008. In April 2008 he became junior research fellow at Erasmus University where he is working on his PhD-thesis under the supervision of Prof. Dr. Frank Smeele.

The topic of his PhD research is compensation of consequential loss in transport law.

Main Areas of Research
Transport Law; Commercial Law; Shipping Law

Contact Details
Office: Sanders Building Room L7-048, Erasmus University School of Law
Phone: +31 (0)10 - 408 16 79 
Email: geense@law.eur.nl

  • S. (Shuo) Liu LL.M
    Junior research fellow in Commercial Law

    Curriculum Vitae
    Shuo Liu was educated at Fudan University, P. R. China, whence she graduated as LL.B. in 2009, and LL.M. in 2013. She also graduated as LL.M. at the Erasmus University Rotterdam in 2012.

In March 2013 she became junior research fellow at Erasmus School of Law where she is working on her PhD-thesis under the supervision of Prof. Dr. Frank Smeele. The topic of her PhD research is the law of shipbuilding contract.

Main Areas of Research
Transport Law; International Commercial Arbitration.

Contact Details
Office: Sanders Building Room L7-090, Erasmus University Rotterdam
Phone: +31 (0)10 - 408 16 88
Email: s.liu@law.eur.nl

  • W. (Wouter) Verheyen LL.M. 
    PhD 

    Curriculum Vitae
    Wouter Verheyen graduated from the KU Leuven’s Faculty of Law in 2008. He obtained both a Master in Law as an academic teaching degree (both magna cum laude).

In September 2008 he became PhD-researcher and teaching assistant at the KU Leuven where he worked on his PhD-thesis under the supervision of Prof. Dr. Bernard Tilleman.

The topic of his PhD research is the question whether the current legal framework offers legal certainty when parties choose to leave the mode of transportation open, as often is the case in contracts with parcel delivery services and freight integrators. For this research, Wouter was awarded an IWT-scholarship. The research has already amounted to several publications in journals such as Journal of international maritime law and European transport law, moreover Wouter acted as a speaker in national and international conferences. These thesis was defended in November 19th, 2013.

Main Areas of Research
International maritime law, European transport law

Selected Publications

  • (2009) “Rotterdam, Hoofdstad van het zeevervoersrecht” - Juristenkrant 2009, afl. 198, 5
  • (2010) La convention de Rotterdam: une révolution dans le droit maritime? - DAOR 2010, 107-118
  • (2010) “Recente ontwikkelingen in het vervoerrecht” - Recht in beweging 2010, Maklu
  • (2011) “De omvang van de schadevergoeding onder de CMR in de Nederlandse en Belgische rechtspraak” - Jura Falconis, B.Tilleman en W.Verheyen (eds )
  • (2011) Transportrecht, wat dekt de lading? - Intersentia 2011 (joint publication with prof. K.F. Haak)
  • (2011) “Vergoedbare schade in het vervoerrecht” - Free on board, liber amicorum Marc Huybrechts, Intersentia,, 2011, 737-760
  • (2011) La responsabilité du transporteur optionnel en droit belge » in Le droit de transport dans tous ses états - Larcier, 2011
  • (2012) Optioneel vervoer : exit CMR? - DAOR 2012, 25-30
  • (2012) Contractuele toepasselijkheid CMR - NJW 2012, 513-514
  • (2012) Fleximodal contracts and CMR: the Belgian approach - JIML 2012, 364-371
  • (2013) “Binnenbevrachting” - Wet en Duiding transportrecht, Larcier, 2013, 22-59
  • (2013) “The DPD-case: a case for a parcel specific liability regime?” - ETL 2013, 3-12

Contact Details
Office: Sanders Building Room L7-074, Erasmus University School of Law
Phone: +31 10 408 - 16 88 
Email: verheyen@law.eur.nl

  • Prof. dr. A.J.A. (Ton) Stevens
    International Tax Law

    Curriculum Vitae
    Ton is a professor of international tax law at the Erasmus University Rotterdam.

He has been the German correspondent of the International Tax Bulletin and the Dutch correspondent of the German magazine IStR for several years. He is an author of many articles on a range of tax subjects. In addition to his doctoral thesis, he is coauthor of the Kluwer Manual on Partnerships ('Personenvennootschappen'). 

Prof. dr. A.J.A. (Ton) Stevens (1966), tax adviser, is a member of the Tax practice group at Loyens & Loeff N.V.. He specialises in the taxation of national and international enterprises and on taxation of partnerships, both in intra-group as well as in fund structures (such as real estate, (renewable) energy, shipping and film funds). His main focus is cross-border transactions between the Netherlands and Germany and also between the Netherlands and the Nordic Countries (especially Norway and Finland). In addition, he is a member of the Port and Transport team and assists clients in the shipping and offshore industry, particularly with the tax aspects related to ship financing and the tonnage regime. He is considered to be one of the leading Dutch tax advisers in this area.

Main Areas of Research
International tax law, EU tax law, corporation tax law, tax incentives for the shipping industry.

Courses
Prof. Stevens teaches Inleiding IBR +EBR in the Bachelor Tax Law, Verdieping IBR in the Master Tax Law, as well as a number of special courses (International Tax Law, Tax Aspects of International Shipping Companies, Partnership and EU Tax Law, in the (Post) Master-programs of the ESL and EFS.

PhD Thesis
Fiscale aspecten van de commanditaire vennootschap, een knelpuntenoplossing vanuit rechtsvergelijkend  perspectief, Kluwer, Deventer (2002), Fiscale Monografieën nr. 102, ISBN 9020025627 (2002)

Selected Publications

  • (2009) De toepassing van de deelnemingsvrijstelling bij het ter beschikking stellen van zeeschepen WFR 2009, 6814
  • (2011) EU boundaries to Dutch tax incentives for "green" Investments – VAT in an EU and international perspective - essays in honour of Han Kogels – Amsterdam IBFD, November 2011
  • (2011) Taxation of hybrid entities under the Parent-Subsidiary Directive: The example of the Netherlands – EC tax review nr. 5, October 2011
  • (2011) Netherlands taxation of shipping activities: 2011 update – Shipping Finance Review 2011/2012, September 2011
  • (2012) Het nieuwe belastingverdrag met Duitsland en winstinkomen – MBB Augustus 2012
  • (2012) Netherlands taxation of shipping activities: 2012 update - Shipping Finance Review 2012/2013 – March 2012

Contact Details
Office: Sanders Building Room L7-040, Erasmus University School of Law
Phone: +31 (0)10 - 408 164 2 (secretary)
Email: t.stevens@law.eur.nl

  • Curriculum Vitae
    Hanneke van Traa Engelman (1943) graduated in law at the University of Utrecht in the year 1969, specialised in air law and intellectual and industrial property law.  

From 1969-1973 she worked as  business lawyer and advisor in the field of industrial property and at a notary office. From 1973- 1986 living abroad with her family in Israel, Portugal, Iran and Norway she did research work in space law and presented a number of papers at the Colloquia of the International Institute of Space law (IISL).  In 1987 she obtained a Doctoral agree from Utrecht University on the Commercial Utilization of outer space- legal aspects-. Subsequently she worked as co-director of the International Institute of Air and Space Law (IIASL) at Leiden University  and as senior advisor and lecturer In air-and space law at Leiden and Universities abroad. She was the legal expert during the Bijlmer Enquête (1998/1999). Since 1999 she has her own company Legal Aviation and Space Consultancy . From 2003-2004 she worked as a guest lecturer in Air Law at the Economic Faculty of Erasmus university.

Main Areas of Research
Air and Space Law; Intellectual and Industrial Property Law

Courses
Prof. dr. Haak teaches Handelsverkeersrecht (commercial law) at Bachelor level and Verdieping Vervoerrecht (Advanced Transport law) at Master level.

PhD Thesis
Commercial Utilization of outer Space-Legal Aspects, Printed by Drukkerij Haveka B.V. Alblasserdam,  ISBN 90-9002838-0 (1987)

Selected Publications

  • (1993) Commercial Utilization of Outer Space –Law: Handbook, published by  Martinus Nijhoff Publishers, Dordrecht, sold and distributed by Kluwer Academic Publishers Group, Dordrecht
  • (1996) Clearness regarding Property rights on the Moon and other Celestial Bodies, , Proceedings 2008 Colloqium of the International Institute of Space Law in Beijing, pp 38-44,published in 1997 by the AIAA
  • (1999) Hoofdstuk 6, Wettelijk kader, Eindrapport Bijlmer Enquête “Een beladen Vlucht”, pp.341-374,Sdu Uitgevers, ‘s -Gravenhage 1999
  • (2000) Airships as a New, Additional Mode of Modern Air Transportation –The Legal framework , Air and Space Law, Volume XXV, 2000 p.166-173
  • (2001) The Dutch Parliamentary Inquiry into the Bijlmermeer Air Disaster – Lessons to be learned for International Air Transportation, Liber Amicorum Prof. K.H  Böckstiegel, Carl Heymanns Verlag KG Köln – Berlin - Bonn 2001
  • (2005) Commercial Utilization of Outer Space –Projects and Important Issues to Be Solved, Liber Amicorum Prof.dr. I.H.Ph.Diederiks-Verschoor, Special edition nr.9/10, December 2005, Journaal Luchtrecht, Sdu Uitgevers
  • (2008) The need for a uniform law system protecting intellectual property rights in outer space, Proceedings 2008   Colloquium of the International Institute of Space Law in Glasgow, published in 2009 by the AIAA
  • (2009) Commercialisation of space activities - Patent rights for inventions in outer space – in Liber Amicorum for Prof.dr.H.A. Wassenbergh, Journaal Luchtrecht, special edition,nr 4,November 2009, p.85-91

Contact Details
Office: Legal Aviation and Space Consultancy, Slotlaan 20, 3062 PL Rotterdam
Phone: +31 (0)10 - 413 89 35
Email: hlvantraa@box.nl

  • Curriculum Vitae
    Myrto studied Law at the Kapodistrian University of Athens and graduated as LL.B in 2009. In 2012 she graduated as LL.M at the Erasmus University of Rotterdam.

In November 2012, Myrto started her research as a PhD candidate under the supervision of Prof. Smeele. Her research topic is the private law aspects of precautionary measures by ship owners against maritime piracy.

Main Areas of Research
Transport law, insurance law, commercial law.

Contact Details
Office: Sanders Building Room L7-090, Erasmus University School of Law
Phone: +31 (0)10 - 408 15 52
Email: vasili@law.eur.nl

  • Curriculum Vitae
    Herman Boonk (1945) graduated in law at the University of Groningen in the year 1969. In 1974 he was admitted to the bar and since then he has worked as an attorney, from 1978 onwards mainly in shipping and transport law.

In 1977 Herman Boonk obtained his Doctoral degree from the University of Groningen for his PhD-thesis on De openbare orde als grens aan het vrij verkeer van goederen, personen en diensten in de E.E.G. (The public order-exception as a limitation to the free movement of goods, persons and services in the European Economic Community). In 1992 Dr. Boonk co-founded the law firm Boonk Van Leeuwen Advocaten in Rotterdam of which he is the senior partner. Dr. Boonk is frequently appointed as maritime arbitrator at Rotterdam. He publishes widely in the field of shipping and transport law and is often asked to speak at seminars and conferences.

Main Areas of Practice
Shipping and Transport Law; Private International Law.

PhD Thesis
(1977) De openbare orde als grens aan het vrij verkeer van goederen, personen en diensten in de E.E.G., diss. Groningen, Tjeenk Willink: Alphen aan den Rijn, ISBN 906092018

Shipping and Transport Law; Private International Law.

  • Curriculum Vitae
    Edward Brans (1964) graduated in law at the Erasmus University Rotterdam. After several years as a junior lecturer at Leyden University and Erasmus University, in 2001 he obtained his Doctoral degree from Erasmus University for his PhD-thesis Liability for Damage to Public Natural Resources. 

In 2002 Dr. Brans was admitted as attorney at law to the Hague bar where he joined the well-known law firm of Pels Rijcken & Drooglever Fortuijn, who represent the Dutch government in civil court proceedings. Dr. Brans is active in high profile law suits in the field of environmental law.

Main Areas of Research
National, European and International (Environmental) Liability Law; Damage and Losses Climate Change.

PhD Thesis
(2001) Liability for Damage to Public Natural Resources. Standing, Damage and Damage Assessment, Kluwer Law Intern., Environmental Law and Policy Series, The Hague/London/New York 2001.

Selected Publications

  • (1994) 'Liability for Ecological Damage under the 1992 Protocols to the Civil Liability Convention and the Fund Convention, and the Oil Pollution Act of 1990', Tijdschrift voor Milieu-aansprakelijkheid, p. 61-7 en p 85-91.
  • (1995) 'The Braer and the Admissibility of Claims for Pollution Damage under the 1992 Protocols to the Civil Liability Convention and the Fund Convention', 3 Env. Liability, 4 p. 61-70
  • (1996) 'Liability and Compensation for Natural Resource Damage under the International Oil Pollution Conventions', Review of European Community & International Environmental Law (RECIEL), p.297-305.
  • (1997) with E. de Haan, A. Nollkaemper, R. Rinzema, Scarcity of Water: Emerging Policy Responses, Kluwer International London, International Environmental Law & Policy Series (SI-EUR), p. 1-299.
  • (2000) 'The 1999 Erika Oil Spill in France. Can the cargo-owner be held liable for the damage caused?', 2 Int. Law Forum, 66-70.
  • (2001) with G. Betlem, 'The Future Role of Civil Liability for Environmental Damage in the EU', H. Somsen (ed.), Yearbook of European Environmental Law, OUP Oxford, pp. 183-223.
  • (2002) 'EC Proposal for Environmental Liability Directive: Standing and Assessment of Damages', Env. Liability, pp. 135-147.
  • (2005) 'Liability for Damage to Public Natural Resources under the 2004 EC Environmental Liability Directive', Environmental Law Review pp. 90-109.
  • (2006) with G. Betlem, 'Environmental Liability in the EU. The 2004 Directive compared with US and Member State Law', Cameron, p. 1-431.
  • (2006) with G. Betlem, 'Environmental Liability in the EU. An introduction, Environmental Liability in the EU. The 2004 Directive compared with US and Member State Law', Cameron, p. 17-29.
  • Curriculum Vitae
    Ingrid Koning (1974) graduated in law at the University of Groningen in 1999. After several years as a research fellow in 2007 she obtained her doctoral degree from Erasmus University for a PhD-thesis on Liability in Air Carriage.

Since 2007 Dr. Koning works as a lecturer at Utrecht University, and as a visiting lecturer both at Erasmus University Rotterdam and Leyden University.

Main Areas of Research
Shipping and Transport Law; Air Carriage; Road Carriage.

PhD thesis
(2007) Aansprakelijkheid in het luchtvervoer: goederenvervoer onder de verdragen van Warschau en Montreal (Liability in Air Carriage. Carriage of Cargo Under The Warsaw and Montreal Conventions), diss. Rotterdam, Zutphen, Paris.

Selected Publications
(2007) Liability in Air Carriage. Carriage of Cargo Under The Warsaw and Montreal Conventions, Air & Space Law 2008, p. 318-345.

  • Curriculum Vitae
    Nick J. Margetson (1968) lectures transport law at the University of Amsterdam, Faculty of Law and practices commercial and maritime law at Margetson & Margetson.

In 1991 Nick Margetson graduated as Hydrographer (A) at the Nautical College of Amsterdam. After having worked world wide as a hydrographic surveyor for two major dredging companies for eight years he studied law at the University of Amsterdam and graduated in 2003. In 2006 he was sworn in as a lawyer. In 2008 he completed his doctoral thesis 'The system of liability of articles III and IV of the Hague (Visby) Rules'.

Main Areas of Practice
Insurance and Liability; Transport Law; Contract Law; Offshore.

PhD Thesis
(2008) 'The system of liability of articles III and IV of the Hague (Visby) Rules', Paris: Deventer, ISBN 978-90-77320-59-4.

Selected Publications

  • (2009) with M. Hendrikse, 'Uniform International Commercial Law: The phenomena of unification, uniform construction and uniform application", EJCCL, 2009, p. 72-90.
  • (2008) with M. Hendrikse and N.H. Margetson (Ed.), 'Aspects of Maritime Law', Deventer: Wolter Kluwer, p. 259.
  • (2008) 'Liability of the Carrier under the Haque-Visby Rules for cargo damage caused by unseaworthiness of its containers', JIML, 2008, p. 153-161.
  • Curriculum Vitae
    Frank Stevens (1968) graduated in law at Leuven University in 1991. In 1992 he obtained his LL.M in Admiralty at the Tulane Law School in New Orleans (USA).

In 1993 he was admitted as attorney at law to the bar of Antwerp, where he joined the firm of Roosendaal Keyzer Advocaten. Besides his work as an attorney Frank Stevens is a Phd-student at the University of Antwerp, where he supervised by prof. Van Hooydonk writes his PhD-thesis about the legal position of the party holding the bill of lading. Frank Stevens has published several articles regarding transport law and he is editor for several transport law journals.

Main Areas of Practice
Shipping Law; Transport Law; Bills of Lading; Transport Law. 

Selected Publications

  • (2009) 'Carriage under Bills of Lading: The Applicable Law', EJCCL, p. 126.
  • (2008) 'Package Limitation', in M. Hendrikse, N.H. Margetson and N.J. Margetson (Ed.), 'Aspects of Maritime Law', Deventer: Wolter Kluwer, p. 259.
  • (1998) 'Electronic Bills of Lading' RHA, p. 3-52.
  • Curriculum Vitae
    Welmoed van der Velde (1980) graduated in law at the University of Groningen in the year 2001.

After several years as a junior academic researcher, in 2006 Welmoed van der Velde obtained her doctoral degree from the University of Groningen for her PhD-thesis on 'De positie van het zeeschip in internationaal privaatrecht' (The position of the sea-going vessel in international private law).

In 2006 she was installed as a legal draughtsman at the Dutch Department of Justice and has held this position since.

Main Areas of Practice
International Private Law; Transport Law; Tort and Insurance Law.

PhD Thesis
(2006) 'De positie van het zeeschip in internationaal privaatrecht' (The position of the sea-going vessel in international private law), Kluwer: Deventer, ISBN 90-13-04044-6.

Selected Publications
(2003) 'The position of coastal states and casualty ships in international law', CMI Yearbook, 2003, p.479-498.