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Books > Law > International law > Public international law > International law of transport & communications
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. 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.
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.
In the new space age after the end of the Cold War, orbit and frequency allocations, traffic control, safety, and a number of support services such as space weather forecast and orbital debris monitoring need to be coordinated transparently and effectively by clear rules at an international level. The establishment of an international civil space regulatory framework is the central theme of this book, in particular, the possible extension to space of the international regulatory framework model adopted for aviation more than 60 years ago with the establishment of the International Civil Aviation Organization (ICAO). The book also highlights the increased reliance of aviation safety on space-based navigation and communication systems, the increasing space systems traffic through the international airspace under the jurisdiction of the ICAO, and the emerging hybrid systems such as aero-spacecraft and space planes, to advocate the practical benefits of directly expanding the ICAO Convention domain beyond the airspace to include outer space up to the geostationary orbits.
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 authoritative Handbook examines the current state of and the future challenges for international law in addressing the key activities that pose threats to the marine environment. It provides a critical analysis of, and constructive solutions for, the international legal regime for the protection of the marine environment and identifies areas of vital research need for the future. The in-depth chapters, written by emerging and established experts in their fields, explore the legal framework for protection of the marine environment and look at issues such as pollution, seabed activities, and climate change as well as discussing the protection of marine biodiversity and considering regional approaches to the protection of the marine environment. Each chapter goes beyond a survey of existing law to identify the shortcomings in the legal regime and areas of critical research needed to address these shortcomings. This timely book provides significant insights into contemporary issues surrounding the efficacy of the regime created by the 1982 Law of the Sea Convention and details the further work needed to ensure the design and implementation of effective regulation and management of human activities that affect the marine environment. Students and academics researching in the law of the sea and environmental law will find the Handbook central to their subject areas. The analyses and reform proposals are an invaluable resource for government and policy practitioners, as well as IGOs and NGOs involved in marine environmental issues. Contributors: M. Bourrel, R. Churchill, E. Druel, J. Harrison, T. Henriksen, K. Houghton, A.M. Hubert, N. Liu, M. Lodge, J. Mossop, N. Oral, D. Osborn, A. Proelss, H. Ringbom, J. Rochette, K.N. Scott, T. Stephens, Y. Tanaka, D. Tladi, D.L. VanderZwaag, D. Vousden, H.D. Vu, R. Warner, G. Wright
"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.
South China Sea Disputes and Law of the Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea. Offering a comprehensive analysis of the individual topics and their application to the South China Sea region, each chapter of the book provides a substantive and rigorous investigation into the history, development and application of the relevant legal principles. It is written within the global context so that lessons learned from this exercise will have global implications. Contributors include former judges from ITLOS, legal advisors to States who participated in the negotiation and drafting of UNCLOS, as well as outstanding scholars of both law and geography, many of whom have acted as counsel or experts in cases before international court and tribunals. This important book provides neutral and objective analysis of law of the sea issues of relevance to the South China Sea and will therefore prove a valuable resource to Government officials and policy-makers from the ASEAN countries, Australia, China, Japan, Korea and the United States. It will also be of special interest to political analysts with an ongoing interest in the legal issues pertaining to the South China Sea region in light of concerns regarding conflict, challenges to freedom of navigation and access to resources. Contributors: D. Anderson, Y. van Logchem, T.L. McDorman, A.O. Elferink, B. Oxman, C. Schofield, C.R. Symmons, T. Treves
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.
If one were to believe the politicians and pundits in the trade press,the world is in midst of a "telecoms revolution," resulting from (the) deregulation and new competitive opportunities represented by the 1997 World Trade Organisation Agreement on Basic Telecommunications Services. This may be true. Unfortunately, however, the actions of many regulators and industry participants more accurately reveal not a telecoms "revolution" but instead a growing telecoms trade war that is dangerously close to spiralling out of hand. In this book, Naftel and Spiwak review U.S. and European competition and regulatory initiatives post-WTO and provide both a useful roadmap to today's U.S., EU and WTO telecoms regulation and an examination of various case studies to illustrate their points. In so doing, the authors discover unfortunately the sad reality that, despite the political rhetoric, regulators on both sides of the Atlantic have eschewed innovative and indeed productive solutions to create a market structure conducive to long-term competitive rivalry. Instead, the authors demonstrate that current policies reveal a growing cynicism towards the maximisation of consumer welfare that will be difficult - if not outright impossible- to remove.
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.
China, the most populous country in the world, has developed an e-commerce system that is in many ways distinct from the system established in Europe and North America. Understanding the difference is essential for the smooth development of this new channel of distribution, namely e-commerce. Chinese e-commerce platforms are very good examples on how to exploit development in technology, not only to create value for the operators but also contribute to structural changes in the Chinese economy, boosting internal consumption. The success of Alibaba is unique because of the characteristic of the Chinese market and consumers. Their imminent IPO, at or exceeding the offer value of Facebook, will attract more attention to e-commerce in China as a new method to establish a presence in this market. Chinese companies, e-commerce or not, are eager to expand their presence abroad, and they will adopt a more aggressive approach to participate more in the EU through acquisitions.
This book covers the pressing issues of cross-border cases involving admiralty and bankruptcy law. For example, what should happen when a shipowner files an insolvency proceeding in one country, while at the same time facing an in rem action against its vessel in another country? Should the in rem action arising in one country be stayed or dismissed because of the existence of insolvency proceedings in another country? The book discusses the relevant issues regarding the treatment of maritime creditors throughout insolvency proceedings, the determination of the 'centre of main interest' of an offshore shipping company, and the scope of a debtor's assets. The author uses a comparative law analysis, selecting four leading shipping countries - Australia, the UK, the US, and Singapore - and examines their approaches to the above three problems when applying the UNCITRAL Model Law regime. The book also proposes a solution to help eliminate the ambiguity arising from maritime cross-border insolvency cases under the UNCITRAL Model Law regime, with a view to enhancing the development of the shipping industry.
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.
Polar law describes the normative frameworks that govern the relationships between humans, States, Peoples, institutions, land and resources in the Arctic and the Antarctic. These two regions are superficially similar in terms of natural environmental conditions but the overarching frameworks that apply are fundamentally different. The Routledge Handbook of Polar Law explores the legal orders in the Arctic and Antarctic in a comparative perspective, identifying similarities as well as differences. It points to a distinct discipline of "Polar law" as the body of rules governing actors, spaces and institutions at the Poles. Four main features define the collection: the Arctic-Antarctic interface; the interaction between global, regional and domestic legal regimes; the rights of Indigenous Peoples; and the increasing importance of private law. While these broad themes have been addressed to varying extents elsewhere, the editors believe that this Handbook brings them together to create a comprehensive (if never exhaustive) account of what constitutes Polar law today. Leading scholars in public international and private law as well as experts in related fields come together to offer unique insights into polar law as a burgeoning discipline. |
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