This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely and problematic issue of lack of uniformity in legal standards for international civil aviation. The book focuses on discrepancies within the regulatory and antitrust framework, comprehensively reveals the major legal limitations and conflicts, and presents possible solutions thereto. It discusses possible strategies for multilateralisation and defragmentation of air law, and for international harmonisation of airline economic regulation with fair competition standards. This discussion extends to competition between air transport law and other legal regimes as well as to specific regulatory problems related to air transport. The unique feature of the book is that it reconciles distinct perspectives on these issues presented by renowned aviation and aerospace experts who represent the world's key air transport markets and air law academic centres. By providing unbiased solutions that could serve as a base for future international arrangements, this book will be invaluable for aviation professionals, as well as students and scholars with an interest in air law, economic regulation, antitrust studies, international relations, transportation policy and airline management.

This book examines the concept of nationality of means of transportation in terms of jurisdiction in international law. It reassesses the definition of nationality and explores how it is conferred. The book first places nationality in the broader perspective of jurisdiction in international law, and examines the historical development and necessity of the nationality of means of transportation. It goes on to investigate whether and under which conditions international organizations may confer a 'nationality' on means of transportation, examining the law of the sea conventions and air and space treaties. The book finally explores several questions relating to international registration of means of transportation, building a regime of international registration. Vincent Cogliati-Bantz introduces a necessary distinction between transport internationally registered and transport registered in a State but fulfilling a mission for an international organization. As a work that proposes the ability for international organisations to access international spaces without reliance on State-registered means of transport, this book will be of great use and interest to scholars and students of public international law, international organisations, and maritime, space, and aviation law.

Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.

At the Third United Nations Conference on the Law of the Sea, the land-locked countries of the world, together with their geographically disadvantaged counterparts, made a determined effort to obtain special recognition in the Law of the Sea Convention. As members of the so-called LLGDS Group, they challenged the position of coastal States in several areas and introduced proposals which are yet to be fully assessed in the literature on the Law of the Sea. Published at a time when many intriguing questions on the Law of the Sea remain the subjects of intense controversy, this book charts the LLGDS effort at the UNCLOS III and critically examines the extent to which the 1982 Convention and the customary law reflects the perspective of the LLGDS Group. It also offers detailed consideration of many key issues in the law and politics of the sea.

This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.

The European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) is intended to increase the safety of international transport of dangerous goods by road. Regularly amended and updated since its entry into force, it contains the conditions under which dangerous goods may be carried internationally. This version has been prepared on the basis of amendments applicable as from 1 January 2019.

This volume looks at the operational standards and obligations in civil aviation, and the consequences of failure to comply with them. It covers a wide range of topics both international and complex in measure.

This book provides a comprehensive collection of Cases and Materials On Marine Insurance Law. The sources included here are not always readily accessible. Each chapter is introduced with a brief resume of the general principles,before the facts of each case are summarised and the extracts of the relevant parts of judgments reproduced. The significance of the judicial extracts, the statutory materials and standard terms are then discussed with particular emphasis on important and problematical areas of the law.This book will be indispensable not only to postgraduate students of law, in-house lawyers, insurance brokers and claims adjusters, but also to students of maritime studies, legal practitioners and a wide range of professionals within the shipping industry who may wish to have at hand a convenient source of information. Whilst the book is a companion to the authors The Law of Marine Insurance, it is also structured to stand as a marine insurance text in its own right.

Changing vessel technology presents a major challenge to shipping management. Vessels cost tens of millions of dollars and have a long physical life. A change in vessel design for a company may also require a change in port facilities, information systems, and marketing techniques. This book, first published in 1987, deals with many of the vessel technology issues that shipping companies have confronted in recent years. Specific technologies are described along with their economic, regulatory and political aspects. Each chapter is in the form of a case study based on an actual management situation where management had to deal with an aspect of changing vessel technology.

The global political map is undergoing a process of rapid change as former states disintegrate and new states emerge. At sea, boundary delimitation between coastal states is continuing unabated. These changes could pose a threat to world peace if they are not wisely negotiated and carefully managed. Maritime Boundaries presents a variety of cases illustrating the implications of recent approaches to maritime territorial juristiction.

Today, it has been said, the world is "flat," as online media allow information to move easily from point to point across the earth. International legal differences, however, are increasingly affecting the ease with which data and ideas can be shared across nations. Copyright law, for example, affects the international flow of materials by stipulating who has the right to replicate or to share certain kinds of content. Similarly, perspectives on privacy rights can differ from nation to nation and affect how personal information is shared globally. Moreover, national laws can affect the exchange of ideas by stipulating the language in which information must be presented in different geopolitical regions. Today's technical communicators need to understand how legal factors can affect communication practices if they wish to work effectively in global contexts. This collection provides an overview of different legal aspects that technical communicators might encounter when creating materials or sharing information in international environments. Through addressing topics ranging from privacy rights and information exchange to the legalities of business practices in virtual worlds and perspectives on authorship and ownership, the contributors to this volume examine a variety of communication-based legal issues that can cause problems or miscommunication in international interactions. Reviewing such topics from different perspectives, the authors collectively provide ideas that could serve as a foundation for creating best practices on or for engaging in future research in the area of legal issues in international settings.

Today, it has been said, the world is "flat," as online media allow information to move easily from point to point across the earth. International legal differences, however, are increasingly affecting the ease with which data and ideas can be shared across nations. Copyright law, for example, affects the international flow of materials by stipulating who has the right to replicate or to share certain kinds of content. Similarly, perspectives on privacy rights can differ from nation to nation and affect how personal information is shared globally. Moreover, national laws can affect the exchange of ideas by stipulating the language in which information must be presented in different geopolitical regions. Today's technical communicators need to understand how legal factors can affect communication practices if they wish to work effectively in global contexts. This collection provides an overview of different legal aspects that technical communicators might encounter when creating materials or sharing information in international environments. Through addressing topics ranging from privacy rights and information exchange to the legalities of business practices in virtual worlds and perspectives on authorship and ownership, the contributors to this volume examine a variety of communication-based legal issues that can cause problems or miscommunication in international interactions. Reviewing such topics from different perspectives, the authors collectively provide ideas that could serve as a foundation for creating best practices on or for engaging in future research in the area of legal issues in international settings.

The most current text available on the international and U.S. law of the sea, this much-needed reference is built around the 1982 United Nations Convention on the Law of the Sea and other relevant maritime materials. While it addresses all aspects of ocean usage, much emphasis has been placed on issues of contemporary importance such as international fisheries, maritime boundaries, and deep seabed mining. The first part introduces traditional zones of jurisdiction and doctrine such as inland waters, territorial seas, or high seas, as well as some new concepts related to navigation: the regimes of international straits and archipelagic waters and exclusive economic zones. The latter part analyzes functional issues such as fishing, oil and gas exploitation, mining, scientific research, and maritime pollution, referring on each subject to the U.S. law for comparison.

With the deregulation of commercial airlines in 1978, the United States airline industry has changed dramatically. Route entry and exit flexibility, as well as fare setting have stimulated competition, forcing airlines to emphasize cost control, increased productivity, and effective marketing. How have these changes in both public and private policies influenced airline safety? Do airplanes have more accidents now than ever before? This work examines the causes of airplane accidents and what private and public policies are needed to improve aviation safety. It begins by examining the safety record of the United States commuter airline industry in the post-deregulation era characterized by increased emphasis by airlines on cost control and growing pressures on the air traffic control and airport system. The authors go beyond the safety of the scheduled airlines to examine the reasons for accidents in the nonscheduled and general aviation segments of the United States industry, where the bulk of fatalities occur and where airline pilots increasingly receive most of their training and experience. They then turn to an examination of aviation safety throughout the world, first with a detailed comparison of Canadian and American aviation safety, and then with a look at air safety in all regions of the world and the safety performances of all the world's major airlines. Three emerging issues are then examined in greater detail: assessing the margin of safety, worldwide aging of all airline fleets, and terrorism. Clearly written, this careful and systematic analysis of well over 15,000 individual aviation accidents will provide greater insight for government officials, aviation industrymanagers, and researchers, as well as laypeople and other frequent flyers.

Examining the international and contemporary issues in ocean use management, this book places current problems such as marine pollution, overfishing, and oil drilling in their proper historical context. Not since the publication of Hugo Grotius' "The Freedom of the" "Seas" in 1609 has the area of ocean law been explored so in-depth, while recent technological advances and population increases mean that the oceans are no longer so vast that individuals or nations can exploit them without consideration of their future uses.
Overfishing, migrating fish stocks and fish wars, oil drilling, deep sea mining, and marine pollution, and other individual use issues are dealt with thoroughly. Throughout the book author Lawrence Juda promotes the necessity for international cooperation in optimizing ocean management. With emphasis placed on the United Nations Conference on the Law of the Sea and the resulting agreements, this book presents a uniquely broad view of ocean use crucial tolaw and policy makers, diplomats, and scholars.

The European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN) done at Geneva on 26 May 2000 under the auspices of the United Nations Economic Commission for Europe (UNECE) and the Central Commission for Navigation on the Rhine (CCNR) has been in force since February 2008. This version has been prepared on the basis of amendments applicable as from 1 January 2019. The Regulations annexed to the ADN contain provisions concerning dangerous substances and articles, their carriage in packages and in bulk on board inland navigation vessels or tank vessels, as well as provisions concerning the construction and operation of such vessels. They also address requirements and procedures for inspections, the issue of certificates of approval, recognition of classification societies, monitoring, and training and examination of experts. They are harmonized to the greatest possible extent with the dangerous goods agreements for other modes of transport.

Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.