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Books > Law > International law > Public international law > International law of transport & communications
Now in its third edition, Merchant Shipping Legislation is a useful tool tool for those wishing to refer to the UK and Commonwealth merchant shipping statutes. Organized in subject areas and regularly updated, this complete annotation and commentary on the UK and Commonwealth merchant shipping legislation will be of use to the work of maritime lawyers in the UK and overseas. All the provisions of the various merchant shipping acts are contained in a single easy-to-use volume organized in subject areas. Divided into twenty chapters, the work addresses all the most important areas including: registration; collisions; salvage; pilotage; environmental protection; oil pollution and carriage of goods.
Maritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 13th International Colloquium at Swansea Law School in September 2017. 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 maritime liabilities. The book is set out in two parts: - Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities - Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.
This book discusses in a concise manner the key aspects that are important for the understanding of regulations and managerial framework governing marine pollution. It identifies the practical context in which marine pollution comes into play and addresses the international legal regime governing the numerous sources of marine pollution, as well as the ways in which these regulations affect the conduct of day-to-day shipping operations. With illustrations, case studies, emphasis boxes, references to case law and to national jurisdictions and other tools facilitating understanding and knowledge, readers will find helpful guidance on: the sources of marine pollution (including ship-source pollution and pollution from the offshore oil and gas sector); the forms of cooperation needed in order to tackle the prevention, management and response to marine pollution; overview of MARPOL Convention, other key IMO conventions, and selected regional regimes; legal ramifications, including P & I Clubs and limitation of liability; involvement of the flag State, coastal State and port State; industry best practice; the human element Marine Pollution Control will be a useful guidance tool for shipping Industry professionals, (P & I) Clubs, Legal practitioners, maritime administrators, as well as academics and students of marine pollution.
This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 11th International Colloquium, held at Swansea Law School in September 2015. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding international sale and carriage contracts. The book is set out in three parts: Part I offers a detailed and critical analysis on emerging issues and unresolved questions in international sales and the carriage contracts affected to facilitate such sales. Part II critically and thoroughly analyses the legal issues that often arise in the context of security over goods, letters of credit and similar documents. Part III is dedicated to a critical and up-to-date discussion on matters concerning cargo insurance in this context. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in international trade and carriage of goods.
This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 12th International Colloquium at Swansea Law School in September 2016. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding charterparties. The book is set out in three parts. -Part I offers a detailed and critical analysis of issues of contemporary importance concerning time charters. -Part 2 carries out a similar analysis with regard to voyage charterparties. -Part 3 deliberates issues common to both type of charterparties. Offering critical analysis of contemporary legal issues on charterparty contracts, this book considers recent legal and practical developments and is therefore essential reading for both professional and academic readers with an interest in charterparties.
International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive reference to French, German, Italian, Austrian, Swiss and Netherlands law. Tracing the historical emergence of the modern system of commercial arbitration Georgios Zekos then goes on to present ways in which the current process of arbitration can be developed in order to make them more effective.
Oil and natural gas, which today account for over 60% of the world's energy supply, are often produced by offshore platforms. One third of all oil and gas comes from the offshore sector. However, offshore oil and gas installations are generally considered intrinsically vulnerable to deliberate attacks. The changing security landscape and concerns about the threats of terrorism and piracy to offshore oil and gas installations are major issues for energy companies and governments worldwide. But, how common are attacks on offshore oil and gas installations? Who attacks offshore installations? Why are they attacked? How are they attacked? How is their security regulated at the international level? How has the oil industry responded? This timely and first of its kind publication answers these questions and examines the protection and security of offshore oil and gas installations from a global, industry-wide and company-level perspective. Looking at attacks on offshore installations that occurred throughout history of the offshore petroleum industry, it examines the different types of security threats facing offshore installations, the factors that make offshore installations attractive targets, the nature of attacks and the potentially devastating impacts that can result from attacks on these important facilities. It then examines the international legal framework, state practice and international oil and gas industry responses that aim to address this vital problem. Crucially, the book includes a comprehensive dataset of attacks and security incidents involving offshore oil and gas installations entitled the Offshore Installations Attack Dataset (OIAD). This is an indispensable reference work for oil and gas industry professionals, company security officers, policy makers, maritime lawyers and academics worldwide.
Written by a team of top academics and highly-experienced legal practitioners, this is a very complex area of law. It provides both a critical analysis on contemporary legal issues concerning offshore contracts, and an in-depth account of the numerous liability regimes inherently connected to offshore operations. Key features of Offshore Contracts and Liabilities: Detailed insight into contemporary legal issues concerning offshore contracts, including Supplytime and Heavycon In-depth analysis of the current liability regimes with clear reference to contemporary industry practice Thorough examination of the current state of the law from national, regional and international perspectives Up-to-date coverage of hot topics such as liability for offshore installations, knock-for knock agreements in offshore contracts and recently-developed new standard forms, such as Windtime. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide
The Contract of Carriage: Multimodal Transport and Unimodal Regulation provides a new perspective on how to approach the question of multimodal transport regulation regarding liability for goods carried. Unlike previous literature, which has approached the issue of applicability from a strict interpretation-of-the-convention angle, this book will analyse the issue from a law of contracts perspective. If goods are damaged during international transport, the carrier's liability is governed by rules laid down in international conventions, such as the CMR convention, the Hague-Visby Rules and the Montreal Convention. Such rules apply to certain modes of transport, to contracts for unimodal carriage. When goods are carried under a multimodal contract of carriage, which provides for carriage by more than one mode of transport, the question is whether these rules are applicable to transport under multimodal contracts of carriage. This book investigates the rules of carrier's liability applicable to unimodal transport, and whether these rules are applicable to carriage under multimodal contracts of carriage, with focus on the actual contract of carriage. This unique text will be of great interest to students, academics, industry professionals, and legal practitioners alike.
For the first time, this unique text brings together all private international maritime law conventions alongside expert commentary and analysis. Truly global in approach, the book covers each of the nineteen conventions currently in force, all scrutinised by this internationally-acclaimed author. It also examines important maritime conventions not yet fully ratified, including the topical Rotterdam Rules. This comprehensive resource provides a thorough treatment of both wet and dry shipping treaties, combining breadth of coverage with depth of analysis. In this third volume, the author covers the key conventions dealing with pollution and safety at sea. In particular, the author covers the following instruments: International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 and Protocol of 1973 International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC Convention) with its Protocol of 2000 (OPRC-HNS Protocol) International Convention for the prevention of pollution from ships (MARPOL) and protocol of 1978 International Convention for the Safety of life at sea, 1974 (SOLAS) Convention on the prevention of marine pollution by dumping of wastes and other matters, 1972 as amended by the protocol of 1996 International Convention for the control and management of ship's ballast water and sediments, 2004 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 Nairobi International Convention on removal of wrecks 18 may 2007 Port state control: the Paris Memorandum of Understanding and the European Directive 2009/16 EC European Traffic Monitoring and Information System International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC 1992) International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, as amended by its Protocol of 2000 and its Supplementary Protocol of 2003 (the Fund Convention) International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 International Convention on Liability and Compensation for Damage in Connection with Carriage of Hazardous and Noxious Substances by Sea, 1996 This book is an indispensable reference for maritime lawyers, academics and students of maritime law worldwide.
Ship management is a worldwide activity. Modern ships are sophisticated designed structures equipped with several automatic devices. It is estimated that 90 per cent of commodities transported worldwide are carried by ships. Therefore there is great interest from many private and public organizations that those ships are operating, manned, designed and maintained within international acceptable standards. The obligation of stakeholders to comply with maritime regulations is included in most statutory and commercial agreements and therefore inadequate implementation of maritime regulations exposes stakeholders to commercial risks. This book explores how the application of mathematical decision-making tools could be used to manage maritime regulations. Performance management tools are proposed which would allow stakeholders to monitor the regulatory performance of their organization in order to reduce or eliminate those commercial risks. The process of introducing an implementation process for maritime regulations worldwide is described within this text. An emphasis is put on the role of main stakeholders in the regulatory process and reasons that increase the willingness of stakeholders to participate in the implementation of regulations. This book will be of interest to scholars and students interested in the management of the shipping industry as well as ship owners and managers who are charged with implementing maritime regulations.
The aquaculture industry is fast expanding around the globe and
causing major environmental and social disruptions. The volume is
about getting a "good governance" grip on this important industry.
This select volume of historical documents is organized chronologically, spanning from 1914 to the present. Divided into eight chapters, it includes a narrative introduction to each historical period. This collection of historical documents provides insight into the history of the United States in its pursuit of the peaceful uses of outer space, with emphasis on the manned space program of the National Aeronautics and Space Administration, as well as commercial American activities supporting human spaceflight in the early 21st century. Rocketry and space technology have served varied goals throughout the Space Age: pure research, as well as research applied for national security, national prestige, and commercial profit. There have been varied actors as well, among them individuals supported by philanthropists as well as governments, intergovernmental organizations, international consortiums, and for-profit corporations. This book focuses on space exploration, and in particular, human space exploration, leading to the questions, "Why have humans gone into outer space in the past?" and "Why will they do so in the future?" These documents help readers to examine the variety of fascinating answers to those questions. Provides readers with a broad overview of the U.S. history of human spaceflight from its beginnings to the present, and of the early 20th century rocketry that preceded it Provides a basis for in-depth studies of more specific topics in U.S. space history via source documents Presents the technocratic and commercial development of space technology as a push-pull relationship in which each propels the other into the future
This book offers an original academic study of the Rotterdam Rules. It analyses the salient articles that will have an impact on international sale contracts governed by English law, including the most popularly used international law instruments, terms and standard sale contracts. Looking beyond the legal relationship of carrier-shipper and carrier-receiver, this book examines the important articles of the Rotterdam Rules that affect the ability of the trading protagonists to perform their sale contract.
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.
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.
A practical and user-friendly guide to the collision regulations, with full interpretations of the rules and clear diagrams. A thorough understanding of the International Regulations for the Prevention of Collisions at Sea (ColRegs) is essential for a wide range of professionals as well as amateur mariners. Written in legal text rather than easy to understand terminology, it is not a surprise that the Colregs are subject to gross misunderstanding and confusion. This makes this a difficult area for the thousands of mariners who need to learn, understand and remember them. This handbook is the answer. Expert marine training director Simon Jinks provides straightforward explanations of the complex situations that the Regulations discuss. He gives simple and comprehensive interpretation of the ColRegs rule by rule, giving students and professionals the clarity they need for exam prep and dealing with real-life situations. Colour illustrations of all lights and shapes, and clear diagrams provide additional support for students. The handbook also includes chapters on bridge watch-keeping, radar plotting and techniques for answering ColRegs questions in MCA exam conditions. It shows you where other maritime regulations work hand-in-hand with ColRegs. Simon Jinks is an experienced teacher of ColRegs to students who are studying for MCA Masters, OOW, Boat master and Chief Mates exams, plus those who are studying for RYA Yachtmasters and IYT Master of Yacht Qualifications and want to have an in-depth knowledge. The book adapts the author's teaching notes, developed over many years, with added extras around the subject to help in greater understanding.
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.
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.
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 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 is the thirteenth book in the series "International Straits of the World" initiated and edited at the Graduate College of Marine Studies of the University of Delaware. In 1987 the ninth book in this series dealt with the Turkish Straits. Since then, however, the rapid developments of the law of the sea, especially with regard to coastal state jurisdiction and the status of international straits, has called for a new analysis of the heavily-trafficked, narrow waterway that links the Mediterranean Sea with the Black Sea. The 1982 UN Convention on the Law of the Sea provided a special regime for straits used for international navigation. ...Nothing in this part of the convention, however, affected the legal regime of the Turkish Straits. The convention exempted those straits in which passage was regulated in whole or in part by long-standing international conventions specifically related to that strait. The Montreux Convention of 1936, still in force, was designed to regulate passage through the Dardanelles, the Sea of Marmara, and the Bosporus - or the Turkish Straits. Dr. Unlu has addressed a key international policy question, namely, in the light of the evolving law of the sea and the special role of the International Maritime Organization, should the 1936 Montreux Convention be amended or denounced - or changed by some unilateral act of Turkey. ...] In sum, can the convention be sustained as it is, modified by unilateral action, denounced by the parties, or its provisions changed in some other way by international action? The author has even explored the possibility of making the straits a particularly sensitive sea area, allowing the coastal state to take expanded jurisdictionto prevent marine pollution. Dr. Unlu has done a great service to scholarship on the legal regime of the Turkish Straits. She has left her readers with policy options that will be useful in trying to reconcile the use of a strait not covered by the 1982 Law of the Sea Convention with the exigencies of modern international law.
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.
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. |
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