The interrelation of products, the human body, and the environment presents a fundamental challenge to the international trade regulatory system. In an ever more integrated global market, biotechnology, nanotechnology, and other increasingly prevalent methods of processing food and pharmaceuticals give rise not only to trade issues, but also to health, safety, and security concerns. Product-related cross-border issues such as the spread of disease, the use of riskrelevant substances or components, and safety-related construction issues are increasingly on the agenda for governments and international organizations. A promising response to this challenge - presented in this book - is offered by a harmonization of the multiplicity of rules, standards, guidelines, and recommendations that characterizes the current system of international trade regulation.

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.

In many respects cyberspace has created a new world. The online phenomena encompass social, cultural, economic, and legal facets. Exceeding the present Internet Governance concept the book analyses the normative foundations and guiding principles of a global cyberspace regime that includes the exchange of people, businesses, governments, and other entities. Based on this assessment and philosophical theories the book attempts to outline a model for a general legal framework enshrining key principles of civil society (such as human rights, ethics). The proposed global framework, not in the form of a multilateral treaty but a morally convincing declaration, could then be complemented by additional polycentric regulations with binding effect, developed on the basis of multistakeholder participation in a multi-layer concept.

Due to the fact that no attempt to create uniform law for multimodal carriage has as yet met with success, transport law has no adequate means to create certainty as to the legal consequences of any loss, damage or delay of cargo resulting from multimodal carriage contracts. A fragmented, complex and inconsistent liability patchwork - which involves regional, subregional and national laws usually focused on unimodal transport, supplemented by contractual standard rules created by the industry - serves as an international liability framework. The consequence of this state of affairs is that the applicable liability rules vary greatly from case to case and give rise to uncertainty concerning the extent of a multimodal carrier's liability in a given situation. Indeed, according to a 2003 UNCTAD survey, most parties involved in the transport industry do not consider the existing legal framework for multimodal transportation to be satisfactory or even cost-effective. Now, progressing through an in-depth analysis of the exact nature of the international multimodal carriage contract, this important study assesses how the most advantageous law applicable to a multimodal contract may be uncovered. Using the ideas, legislation and case law on multimodal carriage in the legal systems of Germany, The Netherlands and England to anchor her presentation, the author offers a thorough investigation of the existing framework of carriage law, the applicable rules of private international law, and the options provided by choice of law based on contractual conditions. In the course of the analysis all essential issues are scrutinized, including the following: ‒ whether the modes of transport to be used may be left open by the contract; ‒ time bars on protest and litigation and when they commence; ‒ carriage documentation; ‒ liability of the carrier for subcontractors; ‒ planning for 'friction costs'; ‒ rules on jurisdiction and the resulting forum shopping practice; ‒ instances where conventions overlap, or when no existing carriage regime applies; ‒ damage or loss that occurs at the point where one unimodal regime ends and another begins; ‒ damage or loss brought about by multiple causes; and ‒ rights and obligations attached to delivery. No comparable treatise exists on which rules may govern international multimodal contracts for the carriage of goods and under what conditions they will do so, and this book is thus an indispensable asset to the work of any practitioner or official connected with international transport. In addition, the author presents a detailed review of the various drafts and propositions that have been on offer in recent years, and submits a well-thought-out proposal for a set of multimodal transport rules to alleviate the difficulties that currently plague this area of carriage law.

The impact of United States jurisprudence on air carrier liability involving international air transportation has been so great over many decades that it is not unreasonable to conceive of that body of jurisprudence as the principal source for the interpretation and application of the uniform rules relating to air carrier liability in the international transportation by air of passengers, baggage and cargo, as envisioned by the original drafters of the Warsaw Convention of 1929. Hence, an in-depth analysis of this body of jurisprudence, such as is presented in this indispensable book, constitutes, for all practical purposes, the preeminent treatise on international air transportation liability - all the more so, in that the drafters of the 1999 Montreal Convention (MC99) were determined not to erode in any way this established body of Warsaw Convention jurisprudence when interpreting and applying the 1999 successor instrument, MC99. George Tompkins, a leading authority with world wide recognition on the interpretation and application of international private air law agreements, - and himself among the drafters of MC99 - here lays out the rich fruit of his vast personal experience in handling cases and controversies in the Courts of the United States involving the application of the liability rules of the Warsaw Convention and now MC99. The resulting publication is an essential legal guide for determining and resolving claims governed by one or more of the international law instruments that comprise the Warsaw Liability System, which consists of the 1929 Warsaw Convention, the 1955 Hague Protocol, the 1961 Guadalajara Convention, the 1975 Montreal Protocol No. 4 and various intercarrier agreements (applicable only to claims involving passenger death or bodily injury governed by the Warsaw Convention) all now superseded and governed by MC99. Among the multitude of topics covered in depth, users of this book will find the following: ‒ When the liability rules of MC99 or one of the predecessor Warsaw Liability System instruments is applicable to a claim; ‒ What triggers liability under the applicable instrument; ‒ Who can make a claim against the air carrier; ‒ Who can file a legal action for damages; ‒ Where the action must be brought--Jurisdiction; ‒ When the action must be brought-Limitations period; ‒ What law applies in determining the recoverable damages; ‒ Limitations on recoverable damages; ‒ The accepted definitions of key terms in the Convention Rules, such as carrierA", accidentA", bodily injuryA", operations of embarking disembarkingA", destinationA"; ‒ The treatment of mental injury claims; ‒ Liability for delay; ‒ Defenses available to the carrier; ‒ Willful misconduct of the carrier. The author explains the required particulars for establishing the liability of the air carrier in detail under a wide variety of circumstances, and clearly defines all terms - especially such contentious terms as 'willful misconduct,' 'accident', 'bodily injury', 'embarking', 'disembarking' 'destination' - as their applicability varies under successive conventions and protocols as interpreted and applied in years of court decisions. As a thorough summary and critique of the interpretation and application of the 70-year body of Warsaw Convention jurisprudence, this unmatched publication provides a convenient one-volume basis for the development of a body of MC99 jurisprudence. It also is an incomparable practical guide for the use and benefit of everyone involved in the practice or study of international private air law, including lawyers, airline in-house counsel, international aviation organizations, aviation liability insurers and re-insurers, aviation insurance brokers, aviation-related departments of national governments, judges, law clerks, students and teachers.

This book embarks on a discussion of rulemaking in air transport, its processes and legalities, starting with a deconstruction of work carried out at the time of writing in various fields of air transport by the International Civil Aviation Organization (ICAO) which should be at the apex of rulemaking. This initial discussion, which demonstrates the weakness of rulemaking in the air transport field for lack of direction, purpose and structure in the development of authoritative rules and regulations that should serve as compelling directives from the main organization responsible for aviation, leads to an evaluation of the fundamental principles of rulemaking in ICAO, the Federal Aviation Administration (FAA) of the United States and the European Commission (EC).

Changing vessel technology presents a major challenge to shipping manufacturers. A change in vessel design can require major modifications of port facilities, information systems, and marketing techniques. While shippers must be ready to make changes in order to be competitive, they must be careful to choose technology that can be successfully and economically implemented in their market environment.

This volume examines the vessel technology issues that shipping companies are confronting. Case studies are presented for liner shipping, liquid and dry bulk shipping, and the ship-port interface. The cases, based on actual industry situations, explore management's options with and decisions on essential aspects of changing vessel technology. Specific technologies are described along with their economic, regulatory, and political implications.

This book evaluates the application of the first autonomous European civil procedures: the European Order for Payment and the European Small Claims Procedure. The study offers an in-depth comparative and empirical analysis of the way these instruments function in interaction with national procedures in England and Wales, France, Italy, and Romania. The analysis combines available statistics with European and national case law, together with practitioners' experience. This approach provides a comprehensive understanding of the difficulties encountered, and of the solutions chosen to overcome procedural intricacies and to secure parties' procedural rights. The findings create a solid basis for enhancing judicial cooperation and addressing the practical aspects related to the application of the procedures. In its conclusion, the book discusses the ongoing developments taking shape in this area, and reflects on the implications that the legal standards established by the European uniform procedures have for future developments. The book is of particular relevance for practitioners and courts applying the European Order for Payment and the European Small Claims Procedures; for European and national legislators, and policymakers working in this field; and for scholars interested in European civil procedure.

The first single-volume reference of its kind, this comprehensive handbook provides background information and analysis on the full range of contemporary ocean use issues. Coverage includes the development of ocean law, the evolving uses of oceans, data on living and non-living ocean resources, the environmental impact of pollution, and competing national claims over ocean exploration. The volume also summarizes the most current research available on the uses of oceans, incorporates the salient portions of the 1982 Law of the Sea Convention in the topical surveys and analyses presented, and discusses all of the other major international conventions that have dealt with global ocean or marine affairs. Students, researchers, and agency staff concerned with the political and legal dimensions of ocean use will find this an indispensable source.

The handbook begins with an overview of the world's oceans and their physical and geographic features. The next two chapters survey the international conferences that have been held on ocean use and explore the historical development of international principles on the law of the sea. Ocean resources and their economic and political management form the focus of the following four chapters, with separate chapters on living and non-living resources and deep seabed mining. The final chapters address ocean environmental protection and pollution prevention and the implications of various uses of the ocean: military, navigation and transport, and marine scientific research. The text is accompanied by numerous charts and tables, end-of-chapter references, and seven appendixes which contain valuable supplemental information such as a chronological list of conventions and treaties on the law of the sea, national legislation on exclusive economic zones, bilateral fishery agreements, and more.