The firm's Publications

Articles and studies published by Maître Dr. Guillaume Loonis Quélen in scientific or professional journals, focusing on space law, maritime law, or cross-cutting legal issues.

December 2024

Journal of Space Safety Engineering (JSSE), ScienceDirect by Elsevier, VOL. 11, N°4

Lunar distress communications: Interoperability, frequencies and harmful interference – Which normative model for the Artemis Accords?

This article analyzes the coordination of distress communications in the lunar environment. It compares the LunaNet and LunaSAR architectures with existing systems (COSPAS-SARSAT, IAMSAR, ISMERLO), with the aim of identifying the most suitable normative model for multilateral lunar exploration under the Artemis Accords.

November 2023

Droit Maritime Français (DMF), Wolters Kluwer, pp. 935-938

Chronicle: “Transport Law in Japan,” by N. Kobayashi, M. Hiratsuka, S. Yamashita, Y. Miyazaki, Y. Tadano

This chronicle summarizes the main rules governing transport law in Japan, highlighting its specificities compared to European maritime law. The analysis is aimed at practitioners dealing with international contracts or cross-border disputes.

November 22, 2019

Viva voce of the Ph.D. thesis of Guillaume LOONIS QUÉLEN – Doctoral School of Law of the Sorbonne – Legal Research Institute of the Sorbonne

Piracy & Armed Guards

What characterizes the present Doctoral thesis in Law is, first of all, its purpose of social utility. It is also a research focused on technical aspects along with an interdisciplinary perspective. Through the prisms of International Law and European Law, it is necessary to question the attractiveness of French Law in the face of contractual professional practices oriented towards arms control and globalized economic interests. The study provides accurate data on the incidence of maritime piracy as well as concrete information on private maritime security activities. It also the relevant institutions and relevant national and international regulations. Thereafter, it deals with pirates and armed guards while equating the regulated profession of armed guards with the status of seafarers. Lastly, the study deals with the most relevant minimum requirements for seafarers to work on a ship and the conditions of employment. This unpublished research required the author’s use of various casquettes including that of PhD candidate, legal consultant and UMMU president. The study has been presented at meetings organized by UNCTAD, NMIOTC, the French National Assembly, IRSEM and the European Association of Lawyers. It also required having access to the port of Galle in Sri Lanka, the IMB in Malaysia, the ILO, the IMO and the Representation of France to said organization, as well as to the Paris Court of Justice, the General Secretariat for the Sea, the CNAPS, the Ministry of Ecological and Solidarity Transition and the MICA Center. The results of the study show in particular the following: France is the only State to recognize armed guards as seafarers; the absence of representation of such workers does not allow the emergence of social dialogue; the GUARDCON standard contract takes precedence over French Law, which is nevertheless applicable; Flag State and Port State controls would be difficult to achieve; in the field of social security, agents should be attached to French Law (law of the Flag State); in individual employment contract matters, conflict of laws and jurisdiction rules are difficult to apply; detection of drugs is feasible through the medical check-up and aboard the ship as part of the labor jurisprudence; by the end of 2020, France should have incorporated in its national legislation the concept of “armed robbery against a ship”. This study highlights the importance of eliminating zones of legal uncertainty, establishing a social dialogue among workers, employers and their government and respecting the legal and regulatory framework for the private armed vessel protection activity so that it extends efficiently from the struggle against piracy to that against terrorism.

2014

Piracy through history, A challenge for the State – Presses de l’Université Paris-Sorbonne / Institut de recherche stratégique de l’École militaire (IRSEM), pp. 129-147

Piracy and armed robbery against ships: their geographical scope as an element of definition in international and French Law Piracy and armed robbery against ships: their geographical scope as an element of definition in International and French Law

The study examines the geographical criteria (high seas, exclusive economic zones, territorial waters) in the legal qualification of piracy or armed robbery against ships, comparing the definitions under international law (UNCLOS) and French Law.

2008

Annuaire Français de Droit International (AFDI), Centre National de la Recherche Scientifique (CNRS), Vol. LIV, pp. 77-117

The International Maritime Organization and Piracy and Armed Robbery at Sea – The Situation in Somalia

Co-author: Brice Martin-Castex

The long-standing and recurring scourge of piracy appears to be evolving in the context of attacks off the coast of Somalia. Faced with major disruptions in maritime transport, the international community has mobilized in a remarkable way amid the particularly delicate political, economic, judicial, and military challenges. This article describes the global legal framework established by the International Maritime Organization (IMO), a specialized United Nations agency, to combat this form of crime and the regional strategy currently being developed based on the precedent set by the Strait of Malacca.