First published in 1987, Maritime Boundaries and Ocean Resources is a collection of essays which examines the political jurisdiction of ocean boundaries and the affects that this has on the world's oceans. It examines how the intensification of ocean use has raised questions of how rational planning, and the management of the oceans can avoid increasingly environmental damage and sea use conflict and examines the ocean as a tool for space, trade and communication. It also addresses the creation of integrated regional planning for ocean management.

Against the variegated background of bewilderment and cautious optimism that space transportation offers, this book begins with an expose on international politics, the principles of which, bear upon space transportation, as well as the closeness of air space and outer space, and activities that straddle both frontiers at the same time. It discusses current issues and possibilities of communications and transportation in outer space, as well as the liabilities and accountability of the key players of space exploration."

In excess of loss reinsurance, the reinsurer covers the amount of a loss exceeding the policy's deductible but not piercing its cover limit. Accordingly, a policy's quantitative scope of cover is significantly affected by the parties' agreement of a deductible and a cover limit. Yet, the examination of whether a loss has exceeded deductible or cover limit necessitates an educated understanding of what constitutes one loss. In so-called aggregation clauses, the parties to (re-)insurance contracts regularly provide that multiple individual losses are to be added together for presenting one loss to the reinsurer when they arise from the same event, occurrence, catastrophe, cause or accident. Aggregation mechanisms are one of the core instruments for structuring reinsurance contracts. This book systematically examines each element of an aggregation mechanism, tracing the inconsistent usage of aggregation language in the markets and scrutinizing the tests developed by courts and arbitral tribunals. In doing so, it seeks to support insurers, reinsurers, brokers and lawyers in drafting aggregation clauses and in settling claims. Focusing on an analysis of primary sources, particularly judicial decisions, the book interprets each judicial decision to describe a system of inter-related rules, collating, organising and describing the English law of aggregation as applied by the courts and arbitral tribunals. It further draws a comparison between the English position and the corresponding rules in the Principles of Reinsurance Contract Law (PRICL).

There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.

The book analyzes the various legal and political concepts to resolve the problem of the existing space debris in outer space and which measures have been taken to avoid space debris or to reduce potential space debris in the course of future space missions. From a scientific and technical point of view various studies are ongoing to analyze the feasibility of active debris removal. Nevertheless it has to be highlighted that outer space is an international area where various actors with different legal and political concepts are operating, a situation that leads to different approaches concerning such activities.

This newly updated work provides answers to questions of liability for international air transportation. It provides an wealth of case law and commentary, conveniently arranged as article-by-article annotation to the Warsaw Convention. This new edition brings the case law up to 1999, and includes the all-important new judicial developments derived to date from such recent air mishaps as KAL 007, Lockerbie, TWA 800, and Swissair 111. The cases summarized and analyzed under each article come from scores of jurisdictions worldwide, with decisions that in many instances have built on case law from a number of different countries. The author's treatment encompasses the subsequent agreements and protocols that have amended the original 1929 Convention, and cites those significant minority viewpoints, both juridical and scholarly, that serve to clarify some of the more difficult issues that arise in this complex field of international law. The text used is the English (US) translation of the Convention. Appendices include the authentic original French text of the Warsaw Convention and the English (UK) translation, as well as the three official Spanish texts (Spain, Argentina, and Mexico); the official French, English, and Spanish texts of the Hague Protocol and the Guadalajara Convention; texts of the Montreal Agreement, the Guatemala Protocol, and the four Montreal Protocols; pertinent excerpts from the United States Code of Federal Regulations and the International Air Transport Association (IATA) rules; and up-to-date listings of parties signatory to the Warsaw instruments. A table of cases, with supplemental case citations, is also included.

Interest in autonomous ships has grown exponentially over the past few years. Whereas a few years ago, the prospect of unmanned and autonomous vessels sailing on the seas was considered unrealistic, the debate now centers on when and in what format and pace the development will take place. Law has a key role to play in this development and legal obstacles are often singled out as principal barriers to the rapid introduction of new technologies in shipping. Within a few years, autonomous ships have turned from a non-issue to one of the main regulatory topics being addressed by the International Maritime Organization. However, the regulatory discussion is still in its infancy, and while many new questions have been raised, few answers have been provided to them to date. Increased automation of tasks that have traditionally been undertaken by ships' crews raises interesting legal questions across the whole spectrum of maritime law. The first of its kind, this book explores the issue of autonomous ships from a wide range of legal perspectives, including both private law and public law at international and national level, making available cutting-edge research which will be of significant interest to researchers in maritime law.

This edited volume critically examines the concept of the "security dilemma" and applies it to India-China maritime competition. Though frequently employed in academic discussion and popular commentary on the Sino-Indian relationship, the term has rarely been critically analysed. The volume addresses the gap by examining whether the security dilemma is a useful concept in explaining the naval and foreign policy strategies of India and China. China's Belt and Road Initiative and its expansive engagement in the Indian Ocean Region have resulted in India significantly scaling up investment in its navy, adding ships, naval aircraft and submarines. This volume investigates how the rivalry is playing out in different sub-regions of the Indian Ocean, and the responses of other powers, notably the United States and prominent Southeast Asian states. Their reactions to the Sino-Indian rivalry are an underexplored topic and the chapters in this book reveal how they selectively use that rivalry while trying to steer clear of making definite choices. The book concludes with recommendations on mitigating the security dilemma. This work will be of great interest to students of strategic studies, international relations, maritime security, and Asian politics.

Maritime boundary disputes in the South China have existed for centuries, and researchers from a variety of countries have analysed the situation from a great many points of view. Yet, and despite its status as one of the major countries in the region, Chinese perspectives have often been absent from the international literature. This book redresses that balance. Bringing together scholarship from history and international law, this book provides a lens through which maritime territorial disputes in the South China Sea can be interrogated. Not only does it detail the historical and jurisprudential evidence that support maritime boundaries in the South China Sea for different stakeholders, but it also clarifies some misconceptions related to China's nine-dash lines by referring to the United Nations Convention on the Law of the Sea. Moreover, the book offers in-depth discussion and observation on the most recent developments in the South China Sea. This book is an essential resource for researchers, teachers and students who specialize in Southeast Asian Studies, China maritime studies, and the international law of the sea.

The Supreme Court ruling in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU) created a shock wave in the London marine insurance market, as the Supreme Court decision changed the boundaries of doctrine with respect to the meaning of 'perils of the sea' and 'inherent vice'. Both phrases play an important role in the insurance market, affecting both assureds and insurers and their respective interests under all classes of marine insurance policies. This book reviews the origin of the clauses 'perils of the sea' and 'inherent vice' by tracing back through the early cases in order to understand the origin and noting how and why the changes occurred. It will examine how the law has been developed in the recent cases and discuss whether the Supreme Court case The Cendor MOPU has overruled the previous cases in terms of the clauses 'inherent vice' and 'perils of the sea'. Considering the impact of The Cendor MOPU decision with respect to the Marine Insurance Act 1906, as well as the standard Institute Cargo Clauses, it evaluates whether the decision is consistent with these things and discusses the effect of the decision on recent cases and on the insurance market.

This book delves into the major developments triggered by the hydrocarbon discoveries in the Eastern Mediterranean over the last twenty years, focusing on maritime boundary delimitation. Examining the impact that the hydrocarbon discoveries have had on the application of the law of the sea rules by the East Med states, the book looks at the new trends concerning the implementation of the law of the sea in the region. The book analyses regional state practice in terms of maritime delimitation, namely the conclusion of bilateral agreements based on the law of the sea rules, both conventional and customary, reflecting the East Med states' willingness to cooperate in order to reap the benefits of the energy windfall. Alongside this analysis, an outline of the hydrocarbon discoveries and the pertinent maritime activities is given, as well as further coverage of the overlapping maritime claims and disputes between Greece, Cyprus and Turkey on one side, and Lebanon and Israel on the other. Moreover, the book examines the validity of maritime claims made by or through non-state entities in the region, namely the State of Palestine, the UK Sovereign Base Areas and the so-called 'Turkish Republic of Northern Cyprus' and their potential impact on the delimitation agreements already in place. The book argues that the East Med paradigm concerning the successful application of the pertinent norms in maritime delimitation proves that international law is resilient and capable of providing solutions in other turbulent regions around the globe. This book will be of interest and importance to academics and students of international law, professionals in the oil and shipping industries, legal professionals and government agencies.

Many of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.

This highly topical book considers the important question of how best to protect the environment of the Third Pole - the area comprising the Hindu Kush Himalayas and Tibetan Plateau - using the tool of international law; specifically, international environmental law and the law of international watercourses. Following detailed analysis of weaknesses in current legal protections according to comparative legal theory, Simon Marsden recommends three potential options for implementation by policy and lawmakers. The first option is to transplant existing international law, including conventions from the UN Economic Commission for Europe and the Council of Europe. Secondly, transplantation of a comprehensive international treaty, based upon the Alpine and Carpathian regimes, is suggested. The overwhelmingly European focus of the first two options, and possible contextual constraints to implementation, informs a third option: the development of a new treaty, giving appropriate attention to the Asian context on one hand, and the need for access of information and public participation on the other, to ensure effective implementation and compliance. Taking a comparative, interdisciplinary approach, Protecting the Third Pole will be a key resource for legal and policy scholars. NGO's and practitioners will also benefit from its detailed analysis.

Port Management and Operations your essential guide to port management in the twenty-first century. * Provides the reader with a complete understanding of total port activity * Enables managers working in specific areas of ports to see where they fit into the port's operation and commercial practice as a whole * Offers an analysis of the many types of ports along with the common essential elements that enable them to function, including administration, management, economics and operations

For several decades it has been widely accepted that human space exploration is the exclusive domain of government agencies. The cost of performing such missions, estimated in multiple reports to amount to hundreds of billions dollars over decades, was far beyond what private entities could afford. That arrangement seems to be changing. Buoyed by the success of its program to develop commercial cargo capabilities to support the International Space Station, NASA is becoming increasingly open to working with the private sector in its human space exploration plans. The new private-public partnership will make 'planet hopping' feasible. This book analyses the move towards planet hopping, which sees human outposts moving across the planetary dimensions, from the Moon to Near-Earth Asteroids and Mars. It critically assesses the intention to exploit space resources and how successful these missions will be for humanity. This insightful and accessible book will be of great interest to scholars and students of space policy and politics, international studies, and science and technology studies.

This book examines the intersection between contemporary International Commercial Arbitration and Shari'a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari'a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari'a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the 'Shari'a Standards' developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.

This book explores the process of shipbreaking in developing countries, with a particular focus on Bangladesh. In the past, shipbreaking (the disposal of obsolete ships) was a very common industrial activity in many developed countries. However, due to stringent domestic environmental and labour laws it is almost impossible for the increasing number of vessels to be disposed of domestically, and now developing nations including Bangladesh, China, India, Turkey and Pakistan regularly participate in this activity. The shipbreaking yards in these countries are not only detrimental to the marine and coastal environment but also represent significant health hazards to local people and workers. Given the global importance of the issue, an effective legal and institutional framework for a sustainable operation of the shipbreaking industry is desperately needed. Sitting at the intersection of three distinct fields - environmental justice, international environmental law and international maritime law - this book offers an innovative take on the issues surrounding the shipbreaking process. Drawing on the case study of Bangladesh due to its prominence in the shipbreaking industry, the author implements an environmental justice framework to examine the issues of sustainability surrounding shipbreaking, and analyses the relationship between social development, economic development and environmental protection. Maritime perspectives of environmental justice will also be highlighted through a discussion of the International Maritime Organization's role in the implementation of the Hong Kong Convention in developing countries. This book will be of great interest to scholars of environmental justice, international maritime law and 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.

This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

This edited volume critically examines the concept of the "security dilemma" and applies it to India-China maritime competition. Though frequently employed in academic discussion and popular commentary on the Sino-Indian relationship, the term has rarely been critically analysed. The volume addresses the gap by examining whether the security dilemma is a useful concept in explaining the naval and foreign policy strategies of India and China. China's Belt and Road Initiative and its expansive engagement in the Indian Ocean Region have resulted in India significantly scaling up investment in its navy, adding ships, naval aircraft and submarines. This volume investigates how the rivalry is playing out in different sub-regions of the Indian Ocean, and the responses of other powers, notably the United States and prominent Southeast Asian states. Their reactions to the Sino-Indian rivalry are an underexplored topic and the chapters in this book reveal how they selectively use that rivalry while trying to steer clear of making definite choices. The book concludes with recommendations on mitigating the security dilemma. This work will be of great interest to students of strategic studies, international relations, maritime security, and Asian politics.

This book provides a unique in-depth comparative and evaluative analysis based upon primary sources. Therefore, it does not only provide a more complete understanding of the subject compared to other publications but, because it provides a full perspective, can also serve as a basis for further research. The interest in national space legislation, and the importance thereof to regulating space activities conducted by private entities, gives a clear incentive to conduct a comparative analysis of the national space legislation of various states. The purpose of this report is to provide such a comparative analysis that will detail the similarities and differences between the national space laws of selected states with a focus on European comprehensive national space legislation. The states discussed are: Sweden, the United Kingdom, Australia, China, Belgium, the Netherlands, France, Austria, Indonesia, Denmark, New Zealand and Luxembourg. This report is intended to assist the efforts of states that are seeking to enact or revise national space legislation not only by presenting the approaches taken by other states, but also by presenting, as far as possible, the rationale behind their approaches. The readership of this book consists of academics and professionals in space law and can further assist policymakers wishing to revise or enact national space legislation.

Grounded in extensive empirical research, Danger, Development and Legitimacy in East Asian Maritime Politics addresses the major issues of geopolitics in the region that have been and will continue to shape the international politics of the Asia-Pacific for years to come. Covering the nation-states of China, Japan and South Korea, it includes an examination of the key island disputes, as well as analysis of the North Korea-South Korea clashes in the Yellow Sea, controversies in Japan's relations with both Koreas and the so-called 'history disputes', including recognition of World War II atrocities across the region. In doing so, this book explores a range of themes from the ecological environment to the globalized nature of shipping and therein links the East Asian maritime sphere directly to the dynamics and developments in the domestic politics of each country. Thus, it serves to demonstrate how several controversial debates in the international politics of the Asia-Pacific are ultimately and inextricably intertwined. A timely contribution that furthers our understanding of contemporary politics of the Asia-Pacific, this book will be of great interest to students and scholars of Asian politics, international relations and the Asia-Pacific region in general.

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. Emerging Legal Orders in the Arctic critically examines the role of non-Arctic actors in this advancement of the shape and scope of the Arctic legal order. Discussing the admittance and participation of Observer states and organisations in the Arctic Council, including task force meetings where new treaties are negotiated, it details the issues and successes this can result in. Setting up the context of the current legal orders in the Arctic, the book discusses Asian, indigenous and European perspectives, amongst others. There is a strong focus on the groundbreaking fisheries agreement of November 2017 in the Central Arctic Ocean (CAO), and the impact on both Arctic and non-Arctic actors. Interests in marine living resources, scientific cooperation and the Arctic shipping regimes and governance are also thoroughly discussed from multiple perspectives. The book combines the expertise of academics and practitioners in the fields of international law and Arctic governance, uniquely focusing on Asian actors in the Arctic legal order-making. The resulting study is a fascinating insight into the interplay between non-Arctic actors and the Arctic legal order, and will be invaluable to academics in the field of Arctic and international law.

Why do states often fail to cooperate, using transboundary natural resources inefficiently and unsustainably? Benvenisti examines the contemporary international norms and policy recommendations that could provide incentives for states to cooperate. His approach is multi-disciplinary, proposing transnational institutions for the management of transboundary resources. Although global water policy issues seem set to remain a cause for concern for the foreseeable future, this study provides a new approach to the problem of freshwater, and will interest international environmentalists and lawyers, international relations scholars and practitioners.

The new edition of this acclaimed book gives a fully updated overview of European data protection law affecting companies, incorporating the important legal developments which have taken place since the last edition was published. These include the first three cases of the European Court of Justice interpreting the EU Data Protection Directive (95/46), the Commission's first report on the implementation of the Directive, the Data Retention Directive, new developments in international data transfers, conflicts between security requirements and data protection, and the implementation of the Electronic Communications and Privacy Directive 2002/58 in the Member States. It also covers the recent European Court of Justice decision on the controversial export of airline passenger data to the US, and expands its European overview to include the new and acceding Member States. The book contains comprehensive coverage of data protection law, while at the same time providing pragmatic guidance on the typical compliance issues that companies face. As globalization of the world economy continues, an increasing number of business issues with data protection implications have come to the foreground, for example, outsourcing, whistleblower hotlines and records management, all of which are covered in the book. The appendices have been expanded to include most sources which a company will need, such as the texts of relevant directives, the safe harbor principles and FAQs, and charts of implementation in the Member States of specific provisions of interest to business. Thus, the book is a single reference source for companies faced with data protection issues. A Chinese edition of the book was published in 2008, making it the first in-depth treatise on European data protection law published in Chinese.