Week of 31 August-6 September 2026
French and international maritime law: legislative, regulatory and case law digest.
I. IMO: negotiations on the Net-Zero Framework resume in London
The Intersessional Working Group on Reduction of GHG Emissions from Ships (ISWG-GHG 22) met at the headquarters of the International Maritime Organization from 1 to 4 September 2026, chaired by Mr Sveinung Oftedal (Norway), with nearly 1,200 registered participants. The session aimed to break the deadlock on the draft amendments to MARPOL Annex VI establishing the Net-Zero Framework, whose adoption had been postponed by a year when the extraordinary session of October 2025 was adjourned.
On carbon pricing, around two thirds of the delegations that spoke remain in favour of a centralised mechanism collecting a GHG price and redistributing the revenue, in particular to early movers and for a just transition. On method, delegations are invited to continue consulting between sessions in order to present proposals reflecting greater convergence, in line with the 2023 GHG Strategy. On timing, a second intersessional group is scheduled for 23 to 27 November 2026, before MEPC 85 (30 November to 3 December 2026), when adoption of the framework is still envisaged.
Business implications. Continue modelling fleet carbon costs and how the future IMO mechanism will interact with the EU ETS and FuelEU Maritime, in particular in the emission cost allocation clauses of charter parties; our analysis of who pays the carbon cost looks at these clauses in detail.
II. Container detention charges: the hard US line confirmed on appeal
The US Court of Appeals for the District of Columbia Circuit upheld the Federal Maritime Commission’s analysis in Evergreen Shipping Agency (America) Corp. v. FMC (174 F.4th 169, D.C. Cir. 2026): detention charges billed when the return of empty containers was physically impossible may be found unreasonable under the Shipping Act’s requirement of “just and reasonable” practices. The court thus endorses the freight fluidity test applied by the regulator.
The ruling follows World Shipping Council v. FMC of 23 September 2025, which annulled only 46 C.F.R. § 541.4 on identifying the party to be billed, leaving the rest of the rules on demurrage and detention billing in place.
Business implications. Shippers and forwarders exposed to transatlantic trade have firmer grounds to challenge detention charges issued during port congestion or when depots are unavailable.
III. Ship recycling: the EU prepares to approve two Indian yards
The public consultation on the draft sixteenth European List of ship recycling facilities, drawn up under Regulation (EU) No 1257/2013, closed on 30 August 2026. The draft includes two yards at Alang (Gujarat): YSI Recyclers LLP and Shree Ram Vessel Scrap Pvt Ltd. They would be the first facilities outside the OECD using beaching to appear on the list. A vote by the Member States and formal adoption are expected in October 2026.
Business implications. The shift would widen the dismantling capacity available to EU-flagged ships, while calling for greater vigilance over contractual due diligence in sales for demolition.
IV. Navigation safety: tension in Hormuz, gradual return to the Red Sea
Three tankers were hit in less than a week in and around the Strait of Hormuz, as hostilities between the United States and Iran resumed. Meanwhile, the three main European shipping lines are speeding up their return to the Red Sea after almost three years of avoiding the Suez Canal, although the crisis cannot be considered over.
Business implications. Review war risk clauses (BIMCO War Risks), deviation, off-hire and additional premium allocation clauses, and update force majeure analyses in contracts of carriage and charter parties.
V. French maritime law: no major text this week
No significant maritime publication was found in the Official Journal this week. For the record, the provisions on French-flagged ships and ship mortgages introduced by Ordinance No. 2026-265 of 8 April 2026 have been in force since 1 May 2026, and port security was overhauled by Decree No. 2026-524 of 18 June 2026 and the order of 29 June 2026.
VI. Points to watch in the coming weeks
In offshore wind, bids in tender AO10 (around 10 GW, fixed and floating) are due by 12 October 2026 at the latest, with several challenges by associations against the PPE3 energy plan and AO10 still pending before the Conseil d’État. On the high seas, with the BBNJ Agreement in force since 17 January 2026, the first Conference of the Parties, expected in the autumn, will set the first operating arrangements, particularly for marine protected areas beyond national jurisdiction. On ballast water, the amendments to the BWM Convention approved at MEPC 84 (enhanced surveys, annual sampling, biological testing) are due to be adopted at MEPC 85, with entry into force expected in spring 2028.
For advice on a maritime dispute or transaction, see our page on maritime law and, on this week’s topics, our pages on deviation, chartering, maritime litigation and yacht refit and construction.
Previous edition: Weekly Digest: Maritime Law (24-30 August 2026)
Our practice: lawyer in maritime and shipping law