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.

International Aviation Labour Law explores the status quo of the international regulation of labour and employment within the air transport industry and provides a detailed analysis of the regulatory endeavours undertaken at the international, European and domestic level to harmonise aviation labour regulations and ensure adequate labour standards for aircrew members. Offering an original insight into the regulation of labour in the aviation sector and airline industry, it analyses regulatory endeavours undertaken at the international, European and domestic level, exploring the main challenges arising from non-uniform and fragmented regulation of labour standards in the air transport sector. In particular, it investigates whether aviation labour regulations are sufficiently harmonised at an international level to ensure adequate labour standards for aircrew members. Key concerns relating to aviation labour are dealt with from a regulatory and practical perspective, and the current normative gaps are examined in view of potential future regulatory trends and solutions via a thorough analysis of the applicable legislation, landmark court decisions and the use of practical examples, to provide an overview of the various nuances of the topic. The book identifies and explore the main implications and repercussions of regulatory asymmetry and highlights the critical role of labour for air transport and how discrepancies in labour regulation may affect the practice of flying and the essence of aviation safety. It emphasises a strong need for international regulatory coordination and is a key reference for a varied audience of students, academics, professionals and rule-makers involved in the air transport arena and for all those who have an interest in the regulation of labour and employment in aviation.

Airworthiness: An Introduction to Aircraft Certification and Operations, Third Edition, once again proves to be a valuable, user-friendly reference guide for certification engineers engaged in professional training and practical work in regulatory agencies and aircraft engineering companies. The discussions reflect the recent changes in the EASA-FAA regulations and also include the concepts of flight safety and airworthiness; the ICAO and civil aviation authorities; airworthiness requirements; type certifications and the type-certification process; production of products, parts, and appliances; certifications of airworthiness; and rules for spaceworthiness. Since publication of the second edition, airworthiness regulation and certification around the world have gone through significant changes. For example, EASA structure has completely changed, FAA rules are no longer applicable, substantial changes have been made in the international airworthiness regulations and certification procedures, and unmanned aircraft have evolved technically and operationally. The changes in airworthiness regulations in the last five years have been striking, changing the way in which we look at airworthiness and certification processes around the world.

The recent uncertainties over the South China Sea have become one major issue in the relations between China and Southeast Asian countries. The South China Sea issue, however, is countered by the deepening economic integration between China and Southeast Asia, which is likely to continue should China's proposal for a 21st Century Maritime Silk Road is agreed and implemented. Yet the success or not of this proposal depends also on the interactions in the political-security sphere between both sides.Southeast Asia and China: A Contest in Mutual Socialization brings together experts from different disciplines to illuminate on the complex political, economic and normative interactions between China and the Southeast Asian countries. This book analyses key issues including the national identity discourse of China as a Great Power, China's civil-military interactions in its strategy in the South China Sea dispute, the different kinds of political and strategic strategies used by Southeast Asian countries in countering China, the past patterns and present trajectories of economic ties between China and Southeast Asian countries, as well as the strategic implications of China's 21st Century Maritime Silk Road initiative.

This book offers a critical examination of the jurisprudence of the World Trade Organization (WTO) as an emancipatory international social contract on trade. The book suggests that the WTO is an international organization built and operating on member states' attribution of authority through consent with legislative, administrative, and adjudicative functions - three functions in one triune personality. With a solid constitutional continuity building on GATT experiences, the WTO has successfully made governments accountable to foreign individuals in various capacities either as traders of goods, providers of services, or holders of intellectual property rights within the global marketplace. With a triune personality, the WTO operates within the reign of state primacy - the force - ultimately for the benefits of individuals - the ends - in the global marketplace, and gains a soul of its own in the institutional evolution - the means - of the global trading regime. Although the tripartite dynamics between states, international institutions, and individuals in the global marketplace are unprecedentedly complex, the WTO's ends of benefiting individuals in the global marketplace has no end. Beyond the critical analysis of WTO's decision-making by consensus, the book critically examines GATT's "common intention" treaty interpretation, Antidumping's NME methodology, TRIPS' public health concerns, and IP-competition trade policy dynamics. A unified WTO jurisprudence looking at the WTO as an international social contract on trade is therefore proposed to allow a fresh look at the force, the means, and the ends of the constitutional evolution of the global trading regime.

The dogma of the sovereignty of the state, deriving from the Peace of Westphalia, underpins much of the modern-day international system. However, developments in recent technology have led this ideology to depart from reality. Viewing state sovereignty through the prism of public international law, the book will begin with an overview of the settlement of Westphalia, how it has influenced international documents ever since, and how the advantages of centralised decisions came to be perceived. By surveying the Law of the Sea, Maritime Law, Air and Aviation, Telecommunications, Postal Services, Space Law and Mensuration, the book demonstrates how, in each, the interplay between state sovereignty and developing technologies have caused significant legal change. Some changes, Lyall argues, such as international measures of time and geography, have been born out of convenience, facilitated by technology developed for the purpose. Other areas of change developed out of a desire to reconcile conflicts or harmonise necessary state regulation. The book analyses the reasons behind these changes and discusses the ongoing attempts to balance state equality, measures adopted by new institutions to secure comprehensive representation. It ends by looking to the future of state sovereignty in an increasingly globalised world. The book is of use to any student or scholar interested in policy making, international law and international affairs, both legal and scientific, as well as those looking at legal administrative issues and government officiation.

The only book offering a straightforward and brief introduction to the way ships of the merchant navy operate and function Particularly for cadets at HNC, HND and foundation degree level in both the deck and engineering branches non-technical and non-specialist, and assumes no background knowledge

Port Economics, Management and Policy provides a comprehensive analysis of the contemporary port industry, showing how ports are organized to serve the global economy and support regional and local development. Structured in eight sections plus an introduction and epilog, this textbook examines a wide range of seaport topics, covering maritime shipping and international trade, port terminals, port governance, port competition, port policy and much more. Key features of the book include: Multidisciplinary perspective, drawing on economics, geography, management science and engineering Multisector analysis including containers, bulk, break-bulk and the cruise industry Focus on the latest industry trends, such as supply chain management, automation, digitalization and sustainability Benefitting from the authors' extensive involvement in shaping the port sector across five continents, this text provides students and scholars with a valuable resource on ports and maritime transport systems. Practitioners and policymakers can also use this as an essential guide towards better port management and governance.

This book covers in one handy volume all the major topics associated with ship operations. Carefully, co-ordinated to ensure breadth, relevance and lack of overlap, the topics covered are addressed by authors are the very top of their profession, whether in legal practice or academia, and are presented in a manner which is topical and clear. Part I offers a detailed and critical analysis of issues of contemporary importance concerning new liability regimes and developments. Part 2 discusses how parties, in particular ship operators, attempt in contemporary practice to allocate their risks concerning ship operations. Part 3 evaluates the legal position of those involved in more 'back office' operations. The book provides an invaluable guide to recent legal and practical developments and offers a comprehensive, well-informed and thoroughly practical guide on what is a very complex and developing area of law. It will therefore be of great use to legal practitioners and administrators of ship operations worldwide, as well as students in this area and academics associated with maritime law generally.

The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and mineral resources in the disputed waters, creating an urgent need for a meaningful discussion on finding a practical way forward. This monograph undertakes a comprehensive analysis of these disputes based on the rules and principles of international law, critically evaluating possible institutional designs of inter-State cooperation over seabed activities in disputed maritime areas and makes recommendations for the prospect of realising joint development regimes in the East China Sea and the Aegean to coordinate the exploration for and exploitation of resources without having resorted previously to boundary delimitation settlement.

This book is the definitive guide to all aspects of this important part of International Trade Law. Relied upon by generations of students and practitioners alike, this market leading text is renowned for combining a critical, in-depth examination of all aspects of the law relating to the carriage of goods by sea.

This text explores the ways in which various legal systems are mixed or mixing jurisdictions. The contributors are experts in the jurisdictions on which they write and have direct experience of living and working within that jurisdiction. The classical frame of reference for the analysis of mixed jurisdictions uses the concept of "legal families" as its base. The problem of this approach is its reliance on a notion of mixed jurisdictions which sees them as arising at the point of contact between various legal traditions. This work argues that even the classical examples of mixed jurisdictions, such as Quebec, Australia, the European Community and the Basque Country, no longer seem to fit the mould and that a new framework is called for, or at least a more "fuzzy" approach to the theory of mixed jurisdictions. The final chapter offers some original ideas on what an alternative framework might include.

There has been a rapid growth of interest in due diligence, especially in the fields of environmental law and the law of the sea. Yet, confusion seems to surround this notion. Is due diligence a principle, a rule, a standard or something else? This book firstly explores thoroughly the concept of due diligence, its purpose and its mechanisms in order to propose a comprehensive theory of due diligence in harmony with the general law of State responsibility. In the meantime, this book also explores the usefulness of due diligence to address modern challenges afflicting the high seas. Indeed, while the application of due diligence in transboundary contexts is well illustrated by jurisprudence, its applicability in areas beyond national jurisdiction remains unclear. Yet, a proper usage of this concept may be crucial for the protection of the high seas, as it allows for the intervention of international standards in this fragile area. Hopefully, the concept of due diligence can help compensate the insufficiencies of the United Nations Convention on the Law of the Sea concerning the high seas. Examining in detail the theory of due diligence, this book will interest international lawyers concerned with this notion. It also offers a new perspective on the UNCLOS through the prism of due diligence and will interest lawyers dealing with the protection of the marine environment and fisheries.

This book will be the first to consider the problem of juvenile piracy suspects under international law and in domestic legal systems.

Waste management poses increasing challenges to both the protection of the environment and to human health. To face these challenges, this book claims that environmental law needs to shift attention from media-specific pollution regimes to integrative life-cycle approaches of waste management i.e., from the prevention of waste generation to the actual handling of wastes. Furthermore, the cooperation of States and the establishment of coordinated activities is essential because states can no longer have separate standards for wastes posing transboundary risks and for 'purely domestic' wastes. Drawing upon both International and EU law, the book provides a detailed analysis of the regimes set up to deal with the transboundary movement of wastes and ship-source pollution, so as to elucidate the obligations and legal principles governing such regimes. It concludes that treaty obligations concerning transboundary movements of wastes are inapplicable to ship wastes while on board ships and on land. However, despite the limitations of the transboundary movement of wastes regime, the principle of Environmentally Sound Management (ESM) embodied in this regime has gradually transformed into a legal principle. ESM works to address the legal gaps in the regulation of wastes, and consequently, it provides the desired coherence to the legal system since it acts as a bridge between several regulatory and sectoral levels. Furthermore, ESM offers a new light with which to understand and interpret existing obligations, and it provides a renewed impetus to regimes that directly and indirectly govern wastes. This impetus translates into greater coordination and the establishment of cross-sectional policies. By offering alternative ways to solve problems linked to the management of ship wastes in the sea-land interface, this book will appeal to anyone with an interest in International Environmental Law.

The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.

More than ever before the changing environmental and political landscape in the Arctic requires stability and foreseeability based on resilient common norms. The emerging legal orders in the Arctic cannot be legitimately created or effectively implemented unless all relevant actors are involved. Simultaneously, it must always be based on respect for the sovereign rights of the eight Arctic states in the region, as well as the tradition and cultural livelihood of the local communities. It is this delicate balance between Arctic and non-Arctic interests that is the core problematique for the emerging legal orders in the Arctic

This is the most comprehensive review of maritime cabotage law. It introduces the new theory of Developmental Sovereignty to jurisprudence. The maritime cabotage law provisions and approaches as adopted in many states and jurisdictions has been extensively scrutinised. This book challenges the established and accepted wisdom surrounding maritime cabotage by presenting new reasoning on the underpinning principles of the concept of maritime cabotage law. The book offers a vibrant discussion on the adjustment in the regulatory approaches of maritime cabotage, from one that was intrinsically premised on the idea of national sovereignty, to one that now embraces the broader ideology of development. It investigates what the common understanding of the law of maritime cabotage should be and on what intellectual basis it can be justified. It reduces the inconsistencies and confusion that surround the concept and application of maritime cabotage law, to provide a more certain and more robust concept of maritime cabotage.

Challenging the conventional narrative that the European Union suffers from a "democratic deficit," Athanasios Psygkas argues that EU mandates have enhanced the democratic accountability of national regulatory agencies. This is because EU law has created entry points for stakeholder participation in the operation of national regulators; these avenues for public participation were formerly either not open or not institutionalized to this degree. By focusing on how the EU formally adopted procedural mandates to advance the substantive goal of creating an internal market in electronic communications, Psygkas demonstrates that EU requirements have had significant implications for the nature of administrative governance in the member states. Drawing on theoretical arguments in favor of decentralization traditionally applied to substantive policy-making, this book provides insight into regulatory processes to show how the decentralized EU structure may transform national regulatory authorities into individual loci of experimentation that might in turn develop innovative results. It thus contributes to debates about federalism, governance and public policy, as well as about deliberative and participatory democracy in the United States and Europe. This book informs current understandings of regulatory agency operations and institutional design by drawing on an original dataset of public consultations and interviews with agency officials, industry and consumer group representatives in Paris, Athens, Brussels, and London. The on-the-ground original research provides a strong foundation for the directions the case law could take and small- and larger-scale institutional reforms that balance the goals of democracy, accountability, and efficiency.

Now it its second edition, The Law of Yachts and Yachting is a comprehensive treatise on the law relating to yachts and provides its readers with a thorough analysis of maritime law as relevant to the superyacht sector. Written by a team of leading yachting practitioners and researchers, it covers the legal issues arising during the life of a yacht. The book is written for the legal practitioner, yacht-broker and manager concerned with the operation of professionally crewed yachts including financing, registration, chartering, insurance, compliance and casualty management. Key Features - *The only practitioners' book on the area *It covers all major aspects of yachting law in a single book *The Law of Yachts and Yachting is highly comprehensive - despite its main focus on contract and tort law, it contains references to public law and international law and practice *References to case law, English, foreign and international *Appendices containing essential source materials The second edition will cover important changes in the superyacht industry such as: the new MYBA Charter Form 2017, the Large Yacht Code (LY3) and the Passenger Yacht Code, both shortly to be consolidated into the new REG-YC, and the coming into force of the Maritime Labour Convention 2006, to name just a few.

Written by a team of acclaimed practitioners and leading academics, this book brings together in one single volume an analysis of contemporary legal issues concerning ship building, sale and finance contracts. It offers a comprehensive, expert and thoroughly practical guide on what is a very complex area of law in today's international shipping industry. The book presents a detailed and critical analysis of standard and non-standard shipbuilding and sale contracts, including vital but often overlooked issues such as payment and refund guarantees, which have been at the forefront of recent litigation and practice. It also critically and thoroughly analyses several types of standard insurance contracts, including shipbuilder's risks and mortgagee's interests, which are not adequately dealt with elsewhere and it provides a critical and contemporary discussion on the legal and practical issues surrounding ship finance, ship mortgages and more esoteric issues such as the use of bareboat charters and financial derivatives. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide. The book is divided into 3 parts; Legal Issues relating to Ship Building, Ship Sale Contracts and Practice, and Legal and Practical Issues relating to Ship Finance. Each has been expertly contributed to by the leading practitioners and academics in the field from top firms, chambers and institutions including; Ince & Co, Quadrant Chambers, Haynes and Boone CDG, LLP, Holman Fenwick Willan LLP, Watson Farley & Williams LLP, 7 Kings Bench Walk, and Institute of International Shipping and Trade Law (IISTL) of Swansea University.

Europe and also the rest of the world has experienced a boom in mobility over the last thirty years. In light of the protection of increasing number of consumers - passengers it is almost logical that during the past few decades, international and European transport law has developed almost to revolutionary extent, especially in the field of private aviation (air) law with the introduction of unlimited liability of carriers for death and injury of passengers and commendable sophisticated rights in case of denied boarding, cancellation of flights and long delays. This book will cast light through a critical prism on the most important characteristics of the international transport law, the EU legislation and jurisprudence regarding passenger rights during the carriage by air, sea, rail and road. One of the ideas which, however, needs further research is that the commendable legal solutions and experience of the EU can serve as an excellent framework for a new holistic international convention on passengers rights in all transport modes.

New Technologies, Artificial Intelligence and Shipping Law in the 21st Century consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 14th International Colloquium at Swansea Law School in September 2018. Written by a combination of top academics and highly experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding new technology and shipping. The book is set out in three parts: Part I offers a detailed and critical analysis of issues that are emerging, and those that are likely to emerge, from the use of advanced computer technology, particularly at the contracting process and in the context of issuing trading documents. Part 2 focusses on artificial intelligence and discusses the contemporary issues that will emerge once autonomous ships and similar crafts are put to use in the world's oceans. As well as this, the legal impact of ports utilising artificial intelligence and computer technology will also be considered. Part 3 analyses how the increasing use of legal technology is changing insurance underwriting and shipping litigation. An invaluable guide to the recent technological advances in shipping, this book is vital reading for both professional and academic readers.

This book is the first of its kind to explore the problems inherent in the unification of maritime law. Featuring contributions from leading experts at European maritime law research centres, it considers international conventions, current maritime practice, standard forms and recently adopted or drafted national codifications of maritime law from the codification point of view. The book is divided into four parts which represent different views on the main topic. Part I gathers chapters dedicated to different aspects and methods of unification of maritime law on a global scale, as well as several specific issues of maritime law from the regulatory point of view. Part II of the book consists of those papers that centre around the issue of transport of goods. Part III is dedicated to codifications of carriage of passengers, cruise law and leisure navigation. Finally, Part IV addresses national codifications of maritime law. Codification of Maritime Law: Challenges, Possibilities and Experience seeks to provide common ground for future unification of maritime law, which makes the book useful both for private and public maritime lawyers and states' maritime administrations worldwide.