Comprehensive coverage of Shipping Law, covering both wet and dry shipping and taking a commercial and practical perspective on the issues covered. The book's wide-ranging overview of the subject allows students to use it on a variety of LLM-level courses such as Maritime and Shipping Law, Admiralty Law, Law of the Sea, Carriage of Good by Sea and International Trade Law. Clear and student-friendly content. Students new to Shipping Law, from non-English speaking jurisdictions and from non-law backgrounds will find the accessible narrative particularly helpful.

This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.

A series of EU accession referendums were held in nine candidate countries, eight post-communist states and Malta, between March and September 2003. These referendums provide us with an excellent comparative opportunity to deepen our understanding of the European integration issue and how it interacts with domestic politics, and of the dynamics of referendums in general and referendums on the European issue in particular. This book therefore provides a set of focused comparisons between these different cases. Each of the individual chapters provides an authoritative analysis of the referendum campaign and outcome in each of the countries concerned by a leading specialist on the politics of that country.
This book was previously published as a special issue of the journal West European Politics.

Leading scholars of international law and international relations explain the wave of regional disputes that arose in the 1990s over fish stocks that straddle both national waters and the high seas. The focus rests on whether and how evolving regimes, including that based in the UN Fish Stocks Agreement, meet the scientific, regulatory, and compliance-related goals of effective management - and the significance of regime interplay in this regard.

This book stems from the worrying scale and intensity of conflicts, humanitarian crises, and human rights violations around the world, which can be seen in a wide range of global hotspots including Venezuela, Yemen, Syria, Myanmar, Sudan, Eritrea, and numerous others. These developments are also relevant for Europe, given the large-scale migrations they can produce. In order to effectively respond to them, it has become imperative to analyse ways in which space data and technologies can be used to uphold human rights and monitor violations. Various international tribunals, such as the International Court of Justice (ICJ) and the International Criminal Court (ICC), are increasingly relying on satellite data and especially images when considering human rights violations cases. This use of space-related technologies represents a trend that promises to continue as the range and accuracy of space-derived data improves. Further, satellite data has important legal implications because it allows the fulfilment of international obligations to be monitored, and offers a powerful tool for dispute resolution. Accordingly, this book examines the use of satellite images for cases concerning human rights violations, since the multitude of humanitarian crises worldwide demonstrate that it is of the utmost importance to analyse how space law, policies and space-related applications could further support the implementation and monitoring of the observance of human rights, thus contributing to enhanced security and sustainable development. A range of relevant areas, such as migration, refugees (including settlements and whether they are adequately supplied with basic necessities), water distribution and quality, housing and settlement monitoring are crucial aspects addressed in this book. In closing, the use of satellite data for legal purposes is not without its fair share of problems and concerns, which are also considered to guide the evolution of this emerging field.

Cybercrime and cybersecurity are of increasingly high profile not only within law enforcement but among policy makers, legal professionals and the general public. The establishment of the European Cybercrime Centre at Europol and the recent publication of guidelines on the prosecution of social media cases by the Director of Public Prosecutions serve as illustrations of the reach and impact of cybercrime related issues. As more of our day to day lives are conducted via digital mediums, cybercrime has ceased to be a purely specialist area and as technologies rapidly evolve and advance so do the challenges and threats raised, making it more important than ever for practitioners working in this area to stay up to date. Building on the detailed legal analysis in the first edition, this updated text remains the only comprehensive work to cover the complete lifecycle of cybercrimes, from their commission to their investigation and prosecution. With its clear and accesible structure, Computer Crimes and Digital Investigations provides essential guidance on the substantive and procedural aspects of cybercrimes for both experienced practitioners and for those new to the field. Substantial developments have occurred since the publication of the first edition of this work, in terms of the threats faced, the legislation and case law, and the response of law enforcement. The second edition will include new material on topics such as cyberwarfare; orders made against convicted criminals; and issues of surveillance and interception as well as expanded discussions of cyber security policy and laws, intermediary liability, developments in policing activities and prosecution policies, and developments in cross-border search and seizure and mutual legal assistance and extradition. An expanded comparative discussion of law and policy within the EU and under the Budapest Convention, as well as other international organisations such as the United Nations, places cybercrime in its international context.

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.

The book addresses legal issues and challenges in using Space Technology. Especially covered are the provisions of International Space Law and few national space legislations to regulate private actors in outer space. The key chapters covered are history of space regulations, private actors in space, legal issues for such actors, regulating these issues outside India, and the same in India. In concluding chapter, the author has worked out some recommendations. The book would be of immense use to people especially startups in private space industry; students, faculties and scholars of Space Law and Policy, Space Security, Defence and Security Studies. Please note: Taylor & Francis does not sell or distribute the Hardback in India, Pakistan, Nepal, Bhutan, Bangladesh and Sri Lanka

The challenge posed by transnational organized crime is a formidable one. In recent years, however, some progress has been made by states and international organizations in developing measures to combat criminal enterprises. This volume can be understood as a snapshot of these efforts. It is divided into three sections: conceptual analyses relating to various facets of the problem; some exam[ples of transnational organized crime and illegal markets in operation; and papers looking at various initiatives that governments and international organizations have taken and/or need to take.
This book seeks to explain: the rise of transnational organized crime, its nature and meaning, its operations in illegal markets, and the various ways in which it is organized. It also includes case studies of specific criminal activities such as maritime fraud as well as analyses of trafficking in women and children and the black market in light weapons. The volume also examines the political, juridicial, and law enforcement responses, with attention given to Interpol's approach, developments in the European Union - Third Pillar and Europol - and the International Atomic Energy Agency's response to nuclear material trafficking.

This work examines the challenges posed by transnational crime and the steps being taken by the international community to meet these challenges. It offers comprehensive analysis of different forms of transnational crime and the various responses that are being developed.

This volume looks at the operational standards and obligations in civil aviation, and the consequences of failure to comply with them. It covers a wide range of topics both international and complex in measure.

This book provides a comprehensive collection of Cases and Materials On Marine Insurance Law. The sources included here are not always readily accessible. Each chapter is introduced with a brief resume of the general principles,before the facts of each case are summarised and the extracts of the relevant parts of judgments reproduced. The significance of the judicial extracts, the statutory materials and standard terms are then discussed with particular emphasis on important and problematical areas of the law.This book will be indispensable not only to postgraduate students of law, in-house lawyers, insurance brokers and claims adjusters, but also to students of maritime studies, legal practitioners and a wide range of professionals within the shipping industry who may wish to have at hand a convenient source of information. Whilst the book is a companion to the authors The Law of Marine Insurance, it is also structured to stand as a marine insurance text in its own right.

This reference book, arranged alphabetically by country, describes how to found jurisdiction in over 20 jurisdictions. A questionnaire-based analysis ensures consistent headings are used throughout to allow cross-referencing and points of comparison between the various jurisdictions covered. Despite the existence of various international conventions designed to ensure uniformity of approach, significant differences in the laws of various countries exist which make it possible to create jurisdiction in one country which is not possible elsewhere. This reference book, arranged alphabetically by country, describes in a clear but concise manner how to found jurisdiction in over 20 jurisdictions. A questionnaire-based analysis ensures consistent headings are used throughout to allow easy cross-referencing and points of comparison between the various jurisdictions covered.

Probably the core characteristic of a bill of lading is that the original bill of lading must be presented at the port of destination for a consignee to be entitled to delivery of the goods and for the carrier to get a good discharge of its delivery obligation by delivering the goods to said consignee. This notion is accepted virtually worldwide, but the more precise content of the "presentation rule" differs from jurisdiction to jurisdiction. Furthermore, and of importance, the legal basis establishing the "presentation rule" differs. With the technological advances in maritime transport as well as in communications technology and the emergence of more complicated trading patterns, a system where a specific tangible piece of paper issued at the port of loading has to be presented at the port of discharge to obtain delivery of the goods seems almost archaic and can obviously create problems. Thus, in practice very often - especially in some trades such as the oil trade - the bill of lading is not available at the port of discharge when the ship is ready to deliver the cargo. The book will first analyse the "presentation rule", its finer contents and its legal basis. It will then go on with (legal) analyses of three developments and responses to the problems that the bill of lading system gives rise to in practice, viz. the commercial, the international legislature's, and the technological response. The commercial response analysed here consists of contractual exemption or limitation clauses in the bill of lading set up as a defence against claims for misdelivery. The international legislature's response denotes the adoption of the Rotterdam Rules which as the first international convention on carriage of goods by sea includes elaborate rules on delivery of the goods. Finally, the technological response denotes the possibility of using electronic (equivalents of) bills of lading. The analyses will include a comparative approach examining both English and Scandinavian law to elucidate the issues with greater clarity.

At a time when experts agree that the laws of naval warfare and maritime neutrality are obsolete and must be reformed, Politakis critically explores international laws governing naval operations. He considers the influence of the UN Charter on traditional military law, and discusses selected topics such as morality and chivalry in the domain of the laws of war and the paradox of today's electronic combat environment.

Given the magnitude of the risks associated with commercial activities in the Arctic arising as a result of the milder climate, new business opportunities raise important questions of responsibility and liability. This book analyses the issues of responsibility and liability connected with the exploitation of natural resources, marine transport and other activities in the Arctic. Applying a combined private and public law perspective on these issues, it considers both the business and societal interests related to Arctic development using Greenland as an example. The book focuses on problems that are specific to Greenland and wider issues that affect all Arctic states.

This authoritative work forms a comprehensive examination of the legal and historical context of marine insurance, providing a detailed overview of the events and factors leading to its codification in the Marine Insurance Act 1906. It investigates the development of the legal principles and case law that underpin the Act to reveal how successful this codification truly was, and to demonstrate how these historical precedents remain relevant to marine insurance law to this day. Beginning with the pivotal year of 1756, Rob Merkin QC organises his analysis era by era, situating the leading cases and emerging fundamentals of the marine insurance industry in the context of external events such as war, the growth of free international trade, and the expansion of empire. Offering insight into the origins of familiar legal principles in the field, the book provides a deeper understanding of the legal framework within which historical events took place and how this shaped both the development of marine insurance law and the political and economic circumstances surrounding it. Key features include: In-depth research by one of the leading experts in marine insurance law Context for and therefore deeper understanding of legal principles in the field An authoritative account of the development of modern law of marine insurance through its historical roots. Legal historians interested in marine insurance and international maritime law more broadly as well as other historians of the period will find the depth of research and breadth of coverage in this book invaluable. Its grounding of important principles in their historical context will also be useful to practising lawyers in the field grappling with current marine insurance issues.

The 9/11 terrorist attacks prompted a new urgency in efforts to deal with chemical, biological, radiological and nuclear proliferati on. The potential acquisition and use by terrorist groups of such weaponry was suddenly a much increased threat. The G8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction subsequently encouraged some twenty-two countries and the European Union to pledge up to $20 billion to address this challenge. The creation of the Global Partnership was the first time so many countries agreed to collaborate on a range of non-proliferation, security and nuclear safety programmes, as well as commit such an amount of resources to them. Based on extensive primary research, this Whitehall Paper assesses the success and shortcomings to date of the Global Partnership, and suggests how the mechanism can be bolstered and taken forward.

Access to genetic resources and Benefit Sharing (ABS) has been promoted under the Convention on Biological Diversity, with the aim of combining biodiversity conservation goals with economic development. However, as this book shows, since its inception in 1992, implementation has encountered multiple challenges and obstacles. This is particularly so in the marine environment, where interest in genetic resources for pharmaceuticals and nutrients has increased. This is partly because of the lack of clarity of terminology, but also because of the terms of the comprehensive law of the sea (UNCLOS) and transboundary issues of delineating ownership of marine resources. The author explains and compares relevant provisions and concepts under ABS and the law of the sea taking access, benefit sharing, monitoring, compliance, and dispute settlement into consideration. He also provides an overview of the implementation status of ABS-relevant measures in user states and identifies successful ABS transactions. A key unique feature of the book is to illustrate how biological databases can serve as the central scientific infrastructure to implement the global multilateral benefit sharing mechanism, proposed by the Nagoya Protocol. The research for this book was supported by both the Bremen International Graduate School for Marine Sciences (GLOMAR) and the International Research Training Group INTERCOAST - Integrated Coastal Zone and Shelf-Sea Research.

Defence reform has been a major component of Bosnia's stabilisation and nation-building. Though true for many cases of post-conflict transition, it is especially so for Bosnia, which arguably has the most complex state structure in Europe. Ten years on from the start of Bosnia's defence-reform process, Destination NATO records and reviews the Bosnian experience of defence reform. The monograph offers policy-makers, practitioners and academics knowledge of the specific case of Bosnia and Herzegovina, and makes these insights relevant to defence-reform efforts in other contexts. The research is based on original sources and an extensive set of interviews and talks with key individuals including ambassadors, ministers and civil servants, and other senior national and international actors, in addition to discussions with several hundred politicians at local levels, students and NGO representatives. The authors also use their first-hand knowledge and insights to complement the documentation, interviews and discussions.

The quickening pace of Iran s nuclear activities has produced an international sense of urgency. Sanctions have intensified, while fears of an Israeli strike abound. Talks have briefly eased the tension, before failing due to fundamental differences between Iran and the West. There seem to be dim prospects for peaceful resolution; the worry is that this long-running dispute could become a permanent crisis. This Whitehall Paper tackles the Iranian nuclear dispute in its full context to determine what possible compromises may exist and how they may be achieved. While the crisis is embedded in a set of overlapping security disputes between Iran on the one hand, and the United States, Arab regional powers, Israel and the broader West on the other, it is also important to analyse it in a comparative and thematic context. Iran s programme is not sui generis: previous experience can help to inform our assessments of how Iran will be affected by, and respond to, intense multilateral economic and political pressure, and what its nuclear posture might be. This study also examines how policy responses by the West should evolve were Iran to resume its alleged nuclear-weapons programme, continue to undertake some degree of near-weaponisation or weaponisation, or test and deploy nuclear weapons. The Permanent Crisis questions the assumptions and logic of alarmist studies those which see a nuclear Iran as fanatical, unresponsive to deterrence and certain to precipitate a wave of unstoppable nuclear proliferation whilst outlining the very real risks that would flow from such a failure of Western policy.

Think of maritime slavery, and the notorious Middle Passage - the unprecedented, forced migration of enslaved Africans across the Atlantic - readily comes to mind. This so-called 'middle leg' - from Africa to the Americas - of a supposed trading triangle linking Europe, Africa, and the Americas naturally captures attention for its scale and horror. After all, the Middle Passage was the largest forced, transoceanic migration in world history, now thought to have involved about 12.5 million African captives shipped in about 44,000 voyages that sailed between 1514 and 1866. No other coerced migration matches it for sheer size or gruesomeness. Maritime slavery is not, however, just about the movement of people as commodities, but rather, the involvement of all sorts of people, including slaves, in the transportation of those human commodities. Maritime slavery is thus not only about objects being moved but also about subjects doing the moving. Some slaves were actors, not simply the acted-upon. They were pilots, sailors, canoemen, divers, linguists, porters, stewards, cooks, and cabin boys, not forgetting all the ancillary workers in ports such as stevedores, warehousemen, labourers, washerwomen, tavern workers, and prostitutes. Maritime Slavery reflects this current interest in maritime spaces, and covers all the major Oceans and Seas. This book was originally published as a special issue of Slavery and Abolition.

Duncan Gaswaga, a former judge of the Seychelles Supreme Court who has presided over numerous piracy trials, asked the following question: "What is a judge to do when a bearded piracy suspect facing justice asserts that he is fourteen?" This book addresses this important question by focusing on the treatment of juvenile piracy suspects under international law within national prosecutorial regimes. Beginning with the modern-day Somali piracy model, and exploring the reasons for piracy organizers and financiers to have employed Somali youth as pirates, author Milena Sterio analyzes the relevant international legal framework applicable to the treatment of juvenile criminal suspects, such as international human rights law, international criminal law, including the statutes of several international and ad hoc tribunals, as well as legal issues related to the use of child soldiers, as a parallel to the use of child pirates. This volume examines recent national piracy prosecutions involving juvenile suspects in Germany, Spain, India, Italy, Malaysia, the Seychelles, and the United States, developing a set of recommendations and best practices for all piracy prosecuting nations dealing with juvenile suspects to refer to in developing their national policy toward the treatment of juvenile piracy suspects.

Changing vessel technology presents a major challenge to shipping management. Vessels cost tens of millions of dollars and have a long physical life. A change in vessel design for a company may also require a change in port facilities, information systems, and marketing techniques. This book, first published in 1987, deals with many of the vessel technology issues that shipping companies have confronted in recent years. Specific technologies are described along with their economic, regulatory and political aspects. Each chapter is in the form of a case study based on an actual management situation where management had to deal with an aspect of changing vessel technology.

Despite the rise of 'new' security threats like terrorism, cyber-war and piracy, the terrible destructive power of nuclear weapons still hangs over the world. Discussion on further strategic nuclear arms reduction has tended to be dominated by the analysis of possible trade-offs between the US and Russia. But as the prospect of further cuts below 'New START' levels is contemplated, increasing attention needs to be paid to the possible shape of a new, multi-power approach to nuclear restraint. While restraint at low numbers goes with the grain of thinking in most nuclear states, correct sequencing will be vital. Using the New START framework, attention could initially be focused on incremental decreases in US and Russian stocks of the most dangerous weapons. Thereafter, the other nuclear powers would need to take steps to limit the size and capabilities of their own arsenals in a process of mutual reductions. If successful, the benefits would be wide ranging: successful restraint amongst existing nuclear-armed states could engender trust, as well as provide mechanisms for reducing the risks of rapid escalation in the event of limited conflict. Less is Better considers the various challenges and opportunities for ensuring restraint at low numbers in today's complicated web of bilateral nuclear relationships and in the context of the debate on 'Global Zero'.