Lloyd's Maritime and Commercial Law Quarterly
Freedom of contract and the climate crisis
James M Turner*
This paper considers, first, the history of the principle of freedom of contract, touching on the role that it played in the Industrial Revolution and the development of the market economy. It then moves on to consider the climate crisis, outlining the decarbonisation legislation that applies to the shipping industry. It concludes with thoughts on the interplay between contract and this regulation.
Opening remarks
I am grateful to Professor Lista for inviting me to deliver this year’s University of Southampton Institute of Maritime Law lecture—formerly known, of course, as the Donald O’May lecture, after the great former senior partner of the great former maritime law firm, Ince & Co. My first substantial case on starting practice 32 years ago was an Ince instruction, as were the cases of mine that have troubled the Supreme Court. Like many here, I am sure, I mourn the firm’s passing. I also mourn the passing last April of almost its last senior partner, Julian Clark; in a monochrome world, he was truly one of life’s colour photographs.
But back to this evening. The real thanks (or perhaps blame) for my headlining this evening’s bill go to the steward of the Institute’s mailing lists. In May this year, I received an email inviting me to attend, as a student, its annual Maritime Law Short Course—aimed squarely at the shipping law novice—even luring me with an early bird discount. I replied, politely, that “I think my ship has sailed when it comes to taking part in the course as a student”. “Well in that case,” came the response, “would you like to deliver this year’s annual lecture instead?” (And that is the Baby Reindeer truth.1)
At this point in the lecture, it is traditional to offer self-effacing remarks about the very many far more illustrious figures—judges, professors and practitioners—who have delivered it in the past. Mercifully, at this point in my preparation, impostor syndrome triggered insurmountable writer’s block, and so I move on.
* KC. This paper was delivered as the Southampton University Institute of Maritime Law’s 42nd Annual Lecture, held at The Law Society on 13 November 2024, with the title: “Party Freedom in the Decarbonisation Era: The Intersection between Contract and Regulation”.
1. An allusion to the eponymous Netflix series, billed as a “true story”, only for (alleged) disparities to emerge subsequently: www.bbc.co.uk/news/articles/cj31lpvnzl3o.
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