The 2005 Special Issue of the Comparative Law Yearbook of International Business addresses issues relating to security in immovables. Each Chapter contains an overview of the security in immovables laws of a particular country. The laws vary widely among the countries; the word immovable (or real property in Common Law jurisdictions) even has different definitions in different countries. Crossborder transactions involving immovables are integral to international business dealings. This publication provides a general overview of the methods by which immovables are secured in various countries, and each chapter contains details such as the priority granted creditors and openness of the land registers. Each chapter contains a country-specific explanation of the method by which one obtains a mortgage, lien, or similar security, and an exploration of the possible problems that might arise during Such a process. In addition, special attention is given to the obstacles facing non-nationals interested in buying immovables. The book evidences the varied attitudes at governments towards the purchase of immovables by non-nationals. In some countries, such as The Philippines, non-nationals are prohibited from buying land. Other countries, such as the Slovak Republic, allow foreign acquisition of nearly any immovable, only forbidding purchase of items that no private citizen can own, such as the country's rivers. This publication reflects recent developments in security in immovables, especially in Eastern Europe. The chapter on immovables in Ukraine is based on the country's new property laws, passed in 2004. The chapters on the Czech Republic, the Slovak Republic and Hungary all reflect thechanges brought by accession to the European Union, The acquisition of property in a foreign country is an integral facet of international business and practitioners will find this publication's in-depth instructions for the purchase of security in immovables useful as it pertains to individual countries. In addition to showing practitioners how transactions work for individual countries, readers will be able to compare diverse legal regimes to find the one most favorable for their particular business transactions.

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.

Climate change is modifying, in varying measure, the coastal geography of States. The phenomenon is not temporary but is expected to carry on during the 21st century and beyond. A distinctive feature of modern international law is the concept of maritime zones. Each maritime area is subject to an intricate scheme of States’ rights and obligations. Coastal geography is a fundamental component of a long-standing method, developed and agreed upon between States, to establish the outward limits of these areas. A feature of this method is the baseline. In international law it is the only reference line from where the outward limits of maritime zones are measured. There are clear rules on how this is established along a coast. There is a concern amongst a number of States that rising sea water levels as a result of climate change may compel them to shift their baselines inward thus affecting the outward limits of their maritime zones. It is clear that the stability of maritime boundaries is put into question and this may bring about serious political, legal and economic repercussions. This concern may also affect the outcome of dispute settlement procedures before a competent international court or tribunal the purpose of which is to resolve overlapping maritime claims. Key questions emerge. What is the role played by coastal geography in the legal regime determining the outward limits of maritime zones? What are the consequences of changes to coastal geography? To what extent are dispute settlement procedures before a Court or Tribunal immune from this concern? Is international law able to address this? If so, in what way and what are its limits? What can be done to resolve this?

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.

"One of the Most Valuable Contributions to the History of International Law Yet Made" J.P. Bullington, Yale Law Review This history is divided into three sections. The first, The Age of the Prince, gives the history of fundamental doctrines of international law regulating the intercourse between states on land and sea in peace and war. The second, The Age of the Judge, is chiefly devoted to commercial relations, the development of neutrality and maritime law. The third, The Age of the Concert, addresses the conference method of adjusting international problems, tracing its development and accomplishments from its introduction at the Congress of Vienna through the recently established League of Nations. Much useful information on the social and economic forces that shaped the development of international law is provided. Originally published in 1928, it addresses several issues introduced or modified during the First World War, such as aerial warfare, the right to search neutral shipping and the protection of minorities, and an early assessment of the League of Nations. Sir Geoffrey Butler 1887-1929] was a Fellow of Corpus Christi College, Cambridge, a Member of Parliament for the University of Cambridge and an expert on the procedures of the League of Nations. His books include The Tory Tradition: Bolinbroke, Disrali, Salisbury (1914), A Handbook to the League of Nations (1919, final rev. ed. 1928) and Studies in Statecraft (1920). Simon Maccoby, one of Butler's former students, was a notable historian of English politics and society. A prolific scholar and editor, his most important study is the six-volume English Radicalism (1935-1961). The most striking feature of this work is the method of treatment--quite the most effective which has yet been employed in dealing with the subject. (...) The author rarely, ventures a conclusion or an opinion, but when he does it usually reveals a strong sense of reality, and a thorough knowledge of the meaning of history. The compactness of the work reveals the immense amount of labor which must have been expended in its preparation. (...) Based on a wide knowledge of history, filtered through an objective and realistic brain, this book must take its place as one of the most valuable contributions to the history of international law yet made. J.P. Bullington, Yale Law Review 38 (1828-1929) 843, 845

The governing international space law regime has been locked in a norm-creation stalemate for over 40 years. This stalemate endangers the preservation of established, guiding legal principles, as well as the sustainability of the parts of outer space that humans utilize. The discrepancy between norm creation, technological advancement and the ecosystem of novel actors could generate serious consequences for future space activities and the nature of international relations. Besides the return of old rivalries in a New Cold War, new activities and actors emerging amidst a legal void emphasizes the risks of the stalemate: unstable peace, fragile cooperation, uneven technological development and uncertain eco-sustainability. Therefore, the prolonged legal stalemate cannot be treated simply as an academic question for it has broader political and economic implications of growing strategic relevance. Unresolved issues in international space law could threaten the survival of space as a global common, thus it is essential that the ability of the norm-creation mechanism of UN COPUOS is equipped to address the ongoing changes and provide for adequate global governance. This book conducts an evaluation of the current legal state and sheds light on potential future prospects, offering an overview of the political context within which it developed, providing an assessment of the selected successful examples in international law, analysing lessons learned and makes recommendations for how the UN COPUOS legal apparatus should be modified in order to ensure that future space activities are possible beyond anarchy, greed, ecological irresponsibility, and to ensure that the principle of the peaceful uses of outer space remains the governing norm.

Exploring everything from contemporary challenges to ocean security this book offers detailed insights into the increasing activities of state and non-state actors at sea. Chapters revisit the United Nations Convention on the Law of the Sea (LOSC), highlighting how not all maritime security threats can be addressed by this, and further looking at the ways in which the LOSC may even hinder maritime security. Featuring contributions from both expert academics and practitioners in the field, the book explores new maritime security threats posed by non-state actors, such as piracy and illegal fishing. It analyses how states have had to reconsider their understanding of maritime security and rethink the use and protection of their maritime domain in the face of modern challenges, including the robotics revolution, the rise of unmanned systems and the blue economy agenda. Providing a comprehensive analysis of the interplay between LOSC and maritime security, this is key reading for scholars of maritime law, international relations and security studies. Practitioners working in the shipping industry or fishing sector, as well as maritime law enforcement officials will benefit from the practical advice offered. 'There is increasing agreement maritime security is important, but there is still disagreement about what that implies or even what the term means. This book is a timely intervention in the debate by leading thinkers in the field. Maritime security scholars and practitioners will find it an indispensable reference.' - Douglas Guilfoyle, University of New South Wales Canberra, Australia Contributors include: R. Barnes, C. Bueger, K. Chadwick, T. Edmunds, S. Kopela, A. Murdoch, A. Petrig, V. Roeben, M. Rosello, K. Zou

Flight is inherently a risky venture, carried out in a hostile environment at great speed. Realistically and regrettably, a commitment to aviation safety can achieve no more than 'as few accidents as possible'. Moreover, the tragic events of 11 September 2001 have conclusively demonstrated that aviation safety goes beyond accident prevention from a technical point of view and extends to more profound political, strategic and legal dimensions. Accordingly, aviation safety requires a multidisciplinary approach: technical, economic, managerial, and legal. This ground-breaking study analyzes, from a legal point of view, the mandate of the International Civil Aviation Organization (ICAO) relating to aviation safety in the light of changes which have taken place since the conclusion of the Chicago Convention, including the expansion of the international civil aviation community, the liberalization of the aviation industry, the introduction of new technology, and existing as well as new and emerging terrorist threats. The author clearly demonstrates that ICAO, as the worldwide governmental organization for international civil aviation, should be allowed a more proactive role in enhancing aviation safety. Describing in great detail the contributions of ICAO to the global safety regime and mechanisms, he submits effective ways to rationalize ICAO's quasi-legislative and enforcement functions in order to enhance aviation safety through the rule of law. Among the important topics arising in the course of the analysis are the following: - global ramifications of national and regional initiatives; - auditing of state compliance with international standards; - characterization of crimes against the safety of civil aviation; - importance of ensuring that safety requirements are not compromised by profit considerations; - burgeoning of airline alliances, code-sharing and outsourcing activities; - demands for simplification and unification of certain regulatory procedures; - prohibition of the use of weapons against civil aircraft in flight; and - development of new technology, such as satellite-based navigation systems; - importance of the rule of law and the system of checks and balances in international organizations. As a plea to consider civil aviation safety obligations not only as merely contractual obligations between States but as obligations owed to the international community as a whole, this book is sure to give rise to far-reaching discussions and follow-up among policymakers and the interested legal community in the years to come.

The Command Companion of Seamanship Techniques is the latest work from the well-respected marine author, D J House. It contains all the information needed for command posts at sea.
- All aspects of shipboard management are discussed, with special emphasis placed on health and safety.
- Guidelines on how to respond to accidents and emergencies at sea
- Contains the most recent SOLAS revisions and a discussion of marine law to keep you up to date with the latest rules and regulations.
In order to aid learning, the book includes a number of worked examples in the text along with questions and answers at the end of chapters.

The author tells you how to respond to accidents and emergencies at sea, in the event, for example of cargo contamination, collision, loss of stability due to cargo shift and damage due to flooding, fire plus loss of life/crew. In addition, the SOLAS revisions and a discussion of marine law is included to keep you up to date with all the latest rules and regulations.
In order to aid learning, this book will include a number of worked examples in the text along with questions and answers at the end of chapters.
D J House is senior lecturer in Nautical studies at the Nautical college, Fleetwood. His sea-going experience includes general cargo, reefer, bulk cargo, passenger and liner trades, underwater operations, and roll-on/roll-off ferries. He is a well-known marine author and has written Seamanship Techniques Volumes 1 and 2 (combined) and he has revised Cargo Work in the Kemp & Young series.
All aspects of shipboard management are discussed, with special emphasis placed on health and safety.
Guidelines on how to respond to accidents andemergencies at sea
Contains the most recent SOLAS revisions and a discussion of marine law to keep you up to date with the latest rules and regulations.

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.

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance. The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of 'forum shopping' when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel. This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers

The structure of air cargo claims is highly complex. Claimants may often have difficulty in establishing against whom they should make their claim. With the emphasis on practicality, this text is aimed at the entire air cargo industry from airlines and their insurers to freight forwarders, and importers and exporters. It illustrates the demarcation of responsibilites and liabilities of the various key players in the aviation market, and the contractual responsibilites and the liability implications between the various parties.

"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 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.

Ross was an important Danish jurist who wrote a series of influential treatises that combined legal realism, Continental jurisprudence and Scandinavian legal concepts. Although its title suggests a basic introductory work, A Textbook of International Law is actually a sophisticated presentation of his international law of jurisprudence. Reprint of the sole edition, never before reprinted.
"It is a pleasant task to welcome a treatise on international law with such a refreshingly new approach to the subject. (...) It presents] the cardinal doctrines of international law according to a scheme which is at once novel and stimulating to the English reader." --R.Y. Jennings, Journal of Comparative Legislation & International Law, 3rd. Series, 30 (1948) 122
Alf Niels Christian Ross 1899-1979] was Professor of Law at the University of Copenhagen. In 1956 he was a visiting professor at the University of Illinois. He served for seven years on the constitutional committee that laid the groundwork for the Danish constitution of 1953. His many books, which have been translated extensively, include Towards a Realistic Jurisprudence (1946), Constitution of the United Nations: Analysis of Structure and Function (1950), Why Democracy? (1952), Directives and Norms (1968) and On Guilt, Responsibility and Punishment (1975).

How do two conventionally powerful, nuclear armed, but commercially oriented great powers, reliant on sea lanes and global maritime infrastructure, engage in a long-term strategic rivalry? When do such competitions lead to crisis instability and even war? This book presents a research agenda using a variety of methods to explore this unique competitive environment for China and the United States. The most likely great power friction points today are located at sea. Any shots fired between China and the United States will likely be between navies and air forces rather than armies. While much security studies understandably concentrates on land forces, basic concepts such as the importance of territory, the offense-defense balance, technological competition, economic warfare, and crisis stability do not comfortably apply to maritime competition. The chapters in this volume consider the use of naval power-including blockades, naval diplomacy, fleet engagements, and nuclear escalation-across the spectrum of global politics and international conflict. The volume encourages applying the many classic approaches of security studies to this high-stakes relationship while considering maritime conflict as distinct from other forms, such as land and nuclear, that have traditionally occupied the field. This work will be of great interest to students of strategic studies, international relations, maritime security, and Asian-American politics. The chapters in this book were originally published as a special issue of Security Studies.