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Books > Law > International law > Public international law > International law of transport & communications
The overarching vision of the 2050 Africa's Integrated Maritime
Strategy is to foster increased wealth creation from Africa's
oceans and seas by developing a sustainable thriving blue economy
in a secure and environmentally sustainable manner. The Law of the
Sea: The African Union and its Member States provides a first and
firm foundation for an assessment and the further development of
the legal aspects of ocean governance on the continent. It is an
indispensable reference for all the role players in the African
Maritime Domain, including agencies and governments, business,
civil society, lawyers, scientists and students.
This book, written in three parts, covers the basics of the
international trade, financing and the legal framework related to
the law of carriage of goods by sea, elaborates on bills of lading
in depth and sea waybills and ship's delivery orders in brief and
charterparties in depth. While the book is based on the English
law, cases and materials from other jurisdictions, particularly
Singapore, Malaysia, India, the USA, and Australia are brought in
to provide an international perspective. The practical analyses,
commentary and critiques of cases would be a useful guide for
practitioners in developing case arguments. Although written with
practitioners, academicians and students in mind, the book will
also serve as a useful guide for sea carriers, freight forwarders,
international traders, financiers, etc. as the complex subject is
presented in reader-friendly and easy to grasp manner.
Space is no longer the domain of national space agencies. Today, a
significant majority of space activities are carried out by
non-governmental entities, resulting in the accelerated evolution
of space technologies and their applications. This operational
shift from public to private does not mean, however, that
governments are no longer relevant in this era of New Space. On the
contrary: as the operational role of the state has diminished, its
regulatory role has grown correspondingly. Acknowledging that the
commercial landscape in space is an ever-changing one, this book
explores how the Canadian government has adapted to the new
commercial space landscape and whether it is prepared to fulfil its
authorisation and supervision responsibilities as the regulator of
Canada's space industry. The fundamental research question posed,
therefore, is whether Canada's regulatory framework is appropriate
given the increasing commercialisation of space. To best answer
this question, the book provides a doctrinal analysis of Canada's
historical space policy and current space laws, an empirical survey
of the perspectives of those currently interacting with Canada's
regulatory framework, and a comparative exploration of how other
jurisdictions oversee commercial space activities. Motivated by
legal, moral and economic considerations, the book recommends that
Canada enact a comprehensive national space law and provides an
annotated draft law for this purpose. By doing so, the book intends
to spark a meaningful conversation on how Canada ought to fulfil
its regulatory responsibilities, a topic previously unaddressed in
public and academic discourse.
A major non-technical challenge of space activities is ensuring
productive cooperation, communication, and understanding between
the engineers who design the mission and the space lawyers who
cover its relevant legal aspects. Though both groups usually attain
some level of understanding, it is only achieved after many years
of experience in the space industry and through repeated contact
with topics relevant to their projects. A basic understanding of
the most important legal and technical aspects acquired earlier in
their careers can facilitate better cooperation and more efficient
development of space projects. Promoting Productive Cooperation
Between Space Lawyers and Engineers is a pivotal reference source
that provides vital insights into basic legal and technical topics
and challenges that occur while planning and conducting typical
space activities. The book uses high-profile space missions as
examples and highlights the major technical aspects of these
missions and the legal issues applied to these missions. While
highlighting topics such as planetary settlements, policy
perspectives, and suborbital spaceflight, this publication is
ideally designed for lawyers, engineers, academicians, students,
and professionals.
The principal aim of this book is to address the international
legal questions arising from the 'right of visit on the high seas'
in the twenty-first century. This right is considered the most
significant exception to the fundamental principle of the freedom
of the high seas (the freedom, in peacetime, to remain free of
interference by ships of another flag). It is this freedom that has
been challenged by a recent significant increase in interceptions
to counter the threats of international terrorism and WMD
proliferation, or to suppress transnational organised crime at sea,
particularly the trafficking of narcotics and smuggling of
migrants. The author questions whether the principle of
non-interference has been so significantly curtailed as to have
lost its relevance in the contemporary legal order of the oceans.
The book begins with an historical and theoretical examination of
the framework underlying interception. This historical survey
informs the remainder of the work, which then looks at the legal
framework of the right of visit, contemporary challenges to the
traditional right, interference on the high seas for the
maintenance of international peace and security, interferences to
maintain the 'bon usage' of the oceans (navigation and fishing),
piracy j'ure gentium'and current counter-piracy operations off the
coast of Somalia, the problems posed by illegal, unregulated and
unreported fishing, interdiction operations to counter drug and
people trafficking, and recent interception operations in the
Mediterranean Sea organised by FRONTEX.
At last, the students, coaches and arbitrators who have dedicated
so many hours to the Danubia Files will see the results of their
labours. Six tribunals of renowned international arbitrators and
educators have issued awards in the Vis Problems XIV to XIX. Each
award considers the issues and sets out the decision of the
tribunal in their own words and style. And at last, here is a
reference text that deals with one of the most important - yet most
neglected - stages in arbitration procedure: the drafting of the
arbitration Award. The first lesson of this book is that there is
no single "right" way to draft an award. Each tribunal has its own
voice, its own character; there are many styles that can produce a
good award. "A wonderful achievement and highly innovative and
useful contribution that will be of great interest to all
international arbitration lawyers, scholars and students." - Gary
Born, Chair, International Arbitration Group, Wilmer Cutler
Pickering Hale and Dorr LLP. "I wish I'd thought of it This book
will immediately become a "must-have" for law firm international
arbitration groups. The awards not only increase the already rich
value of the Vis problem materials for advocacy training, they also
are a much-needed resource for award drafting practice. Be sure to
read the down-to-earth drafting guides by Louise Barrington and
Pierre Karrer." - Lucy Reed, Global co-Head, International
Arbitration, Freshfields. "You can measure the height of the Great
Pyramid at Cheops without climbing it by multiplying the height of
a pole by the ratio of the two shadows (500 BC). You can put little
wheels on luggage (1970). Great ideas in retrospect seem obvious,
and the Danubia files are another." - Jan Paulsson, President,
International Council of Commercial Arbitrators (ICCA).
Francis Lyall and Paul B. Larsen have been involved in teaching and
researching space law for over 50 years.
This new edition of their
well-received text gathers together their knowledge and experience
in readable form, and covers developments in all space
applications, including space tourism, telecommunications, the ITU
and finance.
With an extensive citation of the literature, the
discussion provides an excellent source for both students and
practitioners.
An established authority in the field, this is the core reference
work for practitioners on electronic communications in the European
Union. Giving insight into the regulations, the work provides a
thorough analysis of the competition rules and regulatory framework
applicable to electronic communications networks and services
within the European Union. Electronic communications encompass all
forms of electronic transmission of information, including
telecommunications, broadcasting, and the internet. This second
edition is updated to reflect the new regulatory package which has
made changes to some of the fundamental mechanisms. A brand new
section on data protection also features, giving an authoritative
account of the legislation in the important new area of privacy
protection in electronic networks. Detailed coverage of the recent
case law of the Europan courts is provided including the European
Commission's cases on the coordination mechanism for the relations
between national regulatory authorities. The author team provides a
wealth of expert knowledge on both regulation and general
competition law, combining the first hand experience of Peter
Rodford and rigorous academic analysis from Paul Nihoul. Peter
Rodford is a former Head of the European Commission unit
responsible for regulatory policy in electronic communications and
took part on behalf of the Commission in the recent negotiation
with the European Parliament and Council on the amendments to the
EU regulatory framework.
Private international actors go to arbitration to avoid
adjudicatory risks, especially the risk of bias. It follows that
safeguarding procedural fairness is a key concern in arbitral
processes, and that exposing actual bias is crucial. However,
evidence from both case law and institutional statistics shows that
wily parties are willing to abuse procedural fairness and cry bias
as a way of delaying proceedings and escaping enforcement, and that
the frequency of such spurious challenges is increasing. This
insightful book offers a proposal, solidly grounded in legal
principle and precedent, for how the arbitration community should
respond to this threat. The author shows how 'dirty' challenge
tactics are made viable primarily by the prevalence of a judicially
derived test for bias which focuses on appearances, rather than
facts. He argues that the most commonly used test of bias, the
'reasonable apprehension' test, makes it easy to allege a lack of
impartiality and independence. He shows that the 'real danger'
test, derived from the decision of the House of Lords in Gough, has
a much higher threshold, and has the additional advantage of making
the arbitral award stronger at the all-important enforcement stage.
In the course of the presentation the book analyzes, in
extraordinary depth, such issues as the following: - which state's
courts are most likely to find arbitrator bias, and which state's
courts are least likely; - applying the 'real danger' test under
the various applicable conventions, the Model Law, and
institutional rules; - bias challenges under European Human Rights
law; - distinction between party-appointed arbitrators and chairmen
in the context of a bias test; - relevant trends in investor-state
and ICSID arbitration; and - bias rules in the lex mercatoria. In a
broad comparative survey of the law of bias challenges in
international commercial arbitration covering all leading states,
the author examines various municipal laws to determine their
tolerance for a 'real danger' clause in commercial contracts. His
analysis, replete with case summaries and material facts, provides
a strong scaffolding for his thesis, and also probes the causes of
the increased rate of bias challenge. The need for a uniform test
in this area is made very convincing by this original study.
Arbitrators and other interested professionals and academics will
find it of unusual value and interest, and corporate counsel will
find much to consider in the use of the 'real danger' clause.
De bijdragen in dit Festschrift behandelen diverse onderwerpen van
het binnenvaartrecht. Aan de auteurs die aan deze feestbundel
hebben meegewerkt werd gevraagd hun bijdrage aan te leveren in het
Nederlands, Engels, Duits of Frans, alle vier talen die Resi
beheerst. Voor u ligt het resultaat van hun arbeid. De redactie
hoopt dat de lezer evenals de jubilaris deze met vrucht en met
plezier zal consulteren, en is ervan overtuigd dat dit Festschrift
een waardevolle bijdrage zal vormen aan de rechtsliteratuur over
het binnenvaartrecht.
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