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.

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).

In Climate Change and International Shipping: The Regulatory Framework for the Reduction of Greenhouse Gas Emissions, Yubing Shi provides ground-breaking analyses of the evolving regulatory framework for the reduction of greenhouse gas emissions from international shipping. This book examines the applicability of international environmental law principles to the reduction of greenhouse gas emissions from ships and assesses the responses of the key stakeholders to the challenge of regulation. Based on these in-depth analyses, Shi identifies key gaps in the current regulatory framework for the reduction of greenhouse gas emissions from international shipping, and proposes options for legal and institutional reforms to improve the system in place.

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.

This book presents dispute settlement decisions of the World Trade Organization by using extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular titles. Legal precedents and conclusions are detailed in the large annotations and conclusion sections.

Common Heritage or Common Burden? contains a comprehensive and authoritative assessment of the US role in the negotiations on the UN Convention on the Law of the Sea and particularly in the negotiations on one of the remaining commons, the ocean floor beyond national jurisdiction. The author first examines the US view of the lawfulness of deep seabed mining under international law. He reviews the bureaucratic struggles, within the US Administration and the Congress, concerning the options to be pursued at the Conference; analyses the US position in the seabed negotiations from 1974 to 1980; and casts a fresh look both on the Reagan Administration's `policy review' of 1981-1982 which threatened the Conference's outcome, and current US oceans policy which remains an impediment to the Convention's early entry into force. The study suggests that despite significant compromises negotiated between the US and developing countries at the Conference up to 1980, the emerging seabed regime was not as widely endorsed by US officials as is generally assumed. Drawing on material collected from interviews with many key negotiators, the study contributes to a better understanding of domestic and international decision-making procedures and the dynamics of international negotiations.

This bibliography is a convenient one-volume research guide that covers the most important scholarly literature to date on ocean policies, law, and public policy. Prepared alongside the Handbook on Ocean Politics and Law (1992) published by Greenwood Press, this bibliography gives a succinct summary of the basic sources of information on the subject and then arranges 2081 entries into twelve chapters on the following subjects: the physical features of the world's oceans, international conferences on the uses of the oceans, development of international principles, living resources, non-living resources, deep seabed mining, marine pollution and environmental protection, regional arrangements for environmental protection, military uses of the oceans, navigation and shipping, scientific research and technology transfer, and the major players at UNCLOS III and their positions on key issues. Entries selected for annotation include the most significant studies of ocean law and politics, the most timely material, works that represent different authors and viewpoints broadly, and discussions with different perspectives from a historical standpoint. The bibliography covers the major works on the subject for college, university, institutional, and public libraries, and is easily accessible with author and subject indexes for use by students, experts, and the general public.

The international character of shipping and transport has always been a great incubator for harmonisation of law. Recently, there has been increasing interest within the EU in harmonisation of general private law, with different harmonisation instruments such as common core, PECL and DCFR coming into existence. Even though both shipping and transport law and the harmonisation instruments aim at further harmonisation of private law, the potential interplay between them has never been examined thoroughly in doctrine.In this book the possible impact of these private law harmonisation instruments on shipping and transport law is assessed. First of all the book investigates whether harmonisation instruments can contribute to uniformity of shipping and transport law in fields where such uniformity is currently lacking. Secondly, it looks at whether the current harmonisation instruments or a future European private law could change (inter)national shipping and transport law.This cross-fertilisation between shipping law and harmonisation instruments makes this book not only a valuable instrument for shipping lawyers, but also for anyone interested in harmonisation of private law.

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.

This book examines the changes in the governance of human expression as a result of the development of the Internet. It tells the story of the emergence of a global regime that almost completely lacks institutions, and develops a concept of 'expression governance' that focusses on the governance practices of key actors in Europe and North America. The book illuminates the increased disciplinary capacity of the Internet infrastructure that has become apparent to the public following Edward Snowden's leaks in 2013, and provides a theoretical frame within which such changes can be understood. It argues that the Internet has developed a 'global default' of permissible speech that exists pervasively across the globe but beyond the control of any one actor. It then demonstrates why the emergence of such a 'global default' of speech is crucial to global conflict in the international relations of the Internet. The book concludes with an elaboration of the regulatory practices and theatrical performances that enable a global regime as well as the three key narratives that are embedded within it.

This updated edition includes an examination of force majeure in French law, the drafting of force majeure clauses, its usage in shipbuilding contracts, and the application of commercial impracticality under article 2-165 of the Uniform Commercial Code.

"Maritime Boundaries" presents a variety of cases illustrating the implications of recent changes in maritime territorial jurisdiction. The articles examine issues such as: the history of maritime boundaries, sea level rise and maritime boundaries, the United States-Russia maritime boundary, and the stability of land and sea boundary delimitations in international law.
Contributors: Peter B. Beazley, Rodman R. Bundy, Galo Carrera, Jonathan I. Charney, Douglas Day, Gian Piere Francalanci, David Freeston, Charles E. Harrington, Geoffrey Marston, John Pethick, Tullio Scovazzi, Robert W. Smith.

The risk-based approach to capital markets regulation is in crisis. Climate change, shifting demographics, geopolitical conflicts and other environmental discontinuities threaten established business models and shorten the life spans of listed companies. The current rules for periodic disclosure in the EU fail to inform market participants adequately. Unlike risks, uncertainties are unquantifiable or may only be quantified at great cost, causing them to be insufficiently reflected in periodic reports. This is unfortunate, given the pivotal role capital markets must play in the economy's adaptation to environmental discontinuities. It is only with a reformed framework for periodic disclosure, that gradual and orderly adaptation to these discontinuities appears feasible. To ensure orderly market adaptation, a new reporting format is required: scenario analysis should be integrated into the European framework for periodic disclosure.