The seaworthiness of merchant ships plays a critical role in ensuring the safety of life and property and the prevention of marine pollution. It deals with the fitness and readiness of a ship and its fundamental ability to sail safely to its destination. The standards of seaworthiness extend to literally all aspects of a ship, including the human element, physical structure, documentation, cargo worthiness and so on. It is one of the most complicated concepts in the maritime regulatory regime, and it takes many forms. However, although one of the most important terms in maritime transportation and ship management, seaworthiness is not an absolute concept, but a relative one, dependent on the particular environment, context and facts, and the standards of seaworthiness have changed greatly with the introduction of new maritime regulations over the years. The existing literature on seaworthiness is found within a variety of dedicated articles or book chapters. This book summarizes all that information in one publication and provides an update on key books that are now more than a decade old. In addition, it also offers more detail on specific aspects that are rarely discussed on their own. The reader will gain an understanding of the constituent features which colour its application in sovereign jurisdictions, where each have their own, often conflicting, social or geopolitical priorities to meet. Each chapter relies heavily on case studies to illustrate how the laws which reflect private laws and national policy underpinning those priorities are applied in practice. This structure then enables an understanding of the problems in the carriage of goods by sea, with a view to offering options for solutions. The book is written to meet the needs of lawyers, maritime professionals and academics, to thoroughly explain the concept of seaworthiness and the relevant legal issues.

South China Sea (SCS) issues are complex and dynamic, ranging from historic claims to present day military occupation, from military security to regional stability, from rhetorical appeasements to national interests, from intraregional competition to extraregional involvement. The submissions made in 2009 by several Southeast Asian states to the United Nations Commission on the Limits of the Continental Shelf (CLCS) respecting outer limits of extended continental shelves beyond 200 nautical miles in the South China Sea resulted in renewed attention to the maritime disputes over the insular features and the waters of the South China Sea among several claimant States. Questions have resurfaced about the future of cooperation in the region. Furthermore, the improvement of cross-Strait relations between Taiwan and China after 2008 has added a new element to the evolution of South China Sea issues. This book describes these recent developments in depth and provides an examination of possible future developments in the South China Sea. The articles in this book were originally published as special sections in Ocean Development & International Law.

To celebrate the 25th anniversary of the first edition of Nautical Rules of the Road, Cornell Maritime Press has released a 4th Edition. This updated book has an easy-to-follow layout that aligns the International Rules with the corresponding Inland Rules. In addition to being highly descriptive, Nautical Rules of the Road, 4th Edition by Steven D. Browne, with early authors Larry C. Young and B. A. Farnsworth, gives the current rules as of publication and explicit comments to help readers thoroughly understand each rule. Some of the items detailed are proper lookout information to prevent collisions, positioning of light shapes, signals for fishing vessels fishing in close proximity, technical details of sound signal appliances, and violations of Inland Navigation Rules and Regulations, including penalties for negligent operations. To aid in Coast Guard examinations, the final chapter gives multiple choice, practice questions to test the reader's knowledge on the information found within the entire book. In addition, there is a descriptive study outline. Professional and recreational boaters alike need the new Nautical Rules on their vessels before leaving port. Don't toss your lines without it.

The Seventh Edition covers the new set of EU Directives and the Electronic Communications Code, which will considerably change the legal framework for electronic communications. Essential reading for all lawyers and non-legal executives involved in telecoms, IT and media, this book will enable the reader to: - Make valuable comparative analyses with detailed coverage of 34 EU and non-EU countries in a single, accessible source - Ensure that your company's/clients' current and future activities do not conflict with the rules outlined in the 2009 EU Regulatory Package - Successfully evaluate opportunities for expansion within the European telecoms industry and potential pitfalls The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. Countries included: EU: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Spain, Sweden, UK. Non EU: Croatia, Macedonia, Norway, Switzerland, Turkey, Ukraine.

Widely regarded as the leading authority on voyage charters, this book is the most comprehensive and intellectually-rigorous analysis of the area, is regularly cited in court and by arbitrators, and is the go-to guide for drafting and disputing charterparty contracts. Voyage Charters provides the reader with a clause-by-clause analysis of the two major charterparty forms: the Gencon standard charterparty contract and the Asbatankvoy form. It also delivers thorough treatment of COGSA and the Hague and Hague-Visby Rules, a comparative analysis of English and United States law, and a detailed section on arbitration awards. This book is an indispensable, practical guide for both contentious and non-contentious shipping law practitioners, and postgraduate students studying this area of law.

This book presents a comparative study on various issues regarding legal aspects of cruises - mainly, the importance of the cruise business, the impact of cruise tourism, general and specific rules applicable to cruises, liability issues, cruise passengers as consumers, package travel, labor rules for cruise workers, relevant rules on ports (e.g. on taxes, costs and rates charged to cruises in different ports), rules on the environmental impact of cruises, jurisdiction, arbitration, and choice of law in cruise contracts, and general conditions used by companies offering cruise services - in order to identify the current sources of law on these matters and determine whether or not they are appropriate and sufficient. Combining a general report with individual national reports, the book offers not only a general overview, but also the perspectives of selected jurisdictions in the Americas, Europe and Asia, namely: Argentina, Belgium, Bulgaria, Germany, Japan, Poland, Romania, Spain, Turkey, the United States, and Uruguay.

This book addresses the environmental, legal, social, and economic aspects of corporate social responsibility in the maritime industry. It discusses the voluntary aspects of the CSR concept and how the lines between informal and formal rules are merging and becoming fuzzy. Further, it shows how regulation is enhancing responsibility and sustainability in the maritime industry.The book gathers the experiences of the WMU, IMO, UN and public and private actors in developing and developed countries in the maritime industry.

- A unique guide, based on several decades' successful experience pursuing claims for fresh produce importers and exporters. - Provides lawyers with detailed insight into what they need from their clients in order to progress their claims. - Enables underwriters to better envisage their clients' risks when drafting policy cover and considering subsequent recoveries following claim settlements. - A detailed guide for shippers and Importers to enable them to both best protect their Interests when suffering losses and to best position themselves for successful claims.

There is considerable writing on the laws designed to regulate war, but most of this material is devoted to international wars between different states. Lindsay Moir examines the laws which exist to protect civilians caught up in armed conflicts within a single state. This book traces the development of international law from the nineteenth century, up to events arising from the conflicts in Rwanda and the former Yugoslavia. It demonstrates how human rights can offer protection during armed conflict and how effectively (and by whom) the relevant rules can be enforced.

For centuries, warranties have played a significant role in the law of marine insurance and in this book Baris Soyer offers a comprehensive and authoritative examination of warranties in marine insurance. The book sets out the current law on marine insurance warranties as well as exploring the legal remedies available when a marine insurance warranty is breached. The third edition is brought up to date with significant discussion of recent case law including: Kosmar Villa Holidays v. Trustees of Syndicate; Pratt v Aigaion Insurance Co; Argo Systems FZE v. Liberty Insurance (Pte); The Buana Dua, The Princess of the Stars, The Nancy, and Garnat Trading & Shipping (Singapore) Pte Ltd v. Baominh Insurance Corporation with a view to identifying their impact on established legal principles. The third edition also goes on to evaluate the impact of the changes that will be introduced in this area by the Insurance Act 2015. This Act will alter the warranty regime significantly but it is also expected to have an impact on other risk alteration clauses such as condition precedents, suspensory warranties and exclusion clauses. This book is essential reading for postgraduate students and academics in international commercial law and marine insurance law as well as insurers and legal practitioners.

This is the fourth, revised and updated, edition of Geoffrey Till's Seapower: A Guide for the Twenty-first Century. The rise of the Chinese and other Asian navies, worsening quarrels over maritime jurisdiction and the United States' maritime pivot towards the Asia-Pacific region reminds us that the sea has always been central to human development as a source of resources, and as a means of transportation, information-exchange and strategic dominion. It has provided the basis for mankind's prosperity and security, and this is even more true in the early twenty-first century, with the emergence of an increasingly globalised world trading system. Navies have always provided a way of policing, and sometimes exploiting, the system. In contemporary conditions, navies, and other forms of maritime power, are having to adapt, in order to exert the maximum power ashore in the company of others and to expand the range of their interests, activities and responsibilities. While these new tasks are developing fast, traditional ones still predominate. Deterrence remains the first duty of today's navies, backed up by the need to 'fight and win' if necessary. How navies and their states balance these two imperatives will tell us a great deal about our future in this increasingly maritime century. This book investigates the consequences of all this for the developing nature, composition and functions of all the world's significant navies, and provides a guide for anyone interested in the changing and crucial role of seapower in the twenty-first century. Seapower is essential reading for all students of naval power, maritime security and naval history, and highly recommended for students of strategic studies, international security and international relations.

Die Autoren verfugen uber langjahrige Erfahrungen mit der Grundung und dem Aufbau von Niederlassungen in den USA. Sie vereinen die Sichtweisen von Handelsattache, Rechtsanwalt und Unternehmensberater und garantieren damit eine ausfuhrliche Darstellung und Analyse der verschiedenen Aspekte einer erfolgreichen Unternehmensgrundung in den USA. Zu den Kernthemen zahlen Strategieentwicklung und Geschaftsplanung, Personalfragen sowie Steuer- und Rechtsangelegenheiten. Checklisten und Fallbeispiele helfen, kostenintensive Fallen beim Start-up in den USA zu vermeiden.

The objective of this commentary is to explain the provisions of the Montreal Convention in a succinct and concise manner for the daily practice. The history of the Montreal Convention and of the Warsaw Convention serves as important sources for interpretation. The commentary also takes into account the continental-European and US-American case law regarding the liability of air carriers for damage to passengers or goods as well as sources of European Community legislature. The commentary also considers the various ways in which countries implement the air carrier's insurance obligation. In addition to the Montreal Convention, the Montreal Convention Implementation Act, the European Council Regulation on air carrier liability in the event of accidents, the European Council Regulation on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights as well as the European Council Regulation on insurance requirements for air carriers and aircraft operators are presented and explained.

The book is concerned with the harmonisation of maritime safety legal systems in Europe. It describes maritime safety legal systems in selected European countries as well as maritime safety issues from the perspective of the International Maritime Organisation, European Union, and European Free Trade Association. Distinguished scholars from Europe's leading maritime law academic centres present national perspectives of maritime safety systems, questioning whether the adopted national solutions guarantee the compatibility with IMO and EU legal regime, as well as assessing the global and EU system. Moreover, the book seeks to provide some answers as to whether the IMO goals on maritime safety are adequate in light of current safety challenges and how to achieve higher level of enforcement of internationally-recognised maritime safety standards. It will be of great assistance to those readers who need to familiarize themselves with current problems inherent in maritime safety, whether that be lawyers, scholars, professional mariners, or national institutions.

The proposed book draws on the on-going South China Sea dispute, and the multifaceted challenges wrought by the South China Sea issue that requires an inter-disciplinary perspective. It employs legal-analytical methods, to emphasize the nuances of the role and interpretation of international law and treaties by China in different periods, while taking into account policy and strategic concerns, which generally cast great sways in decision-making. The re-introduction of interdisciplinary concerns straddling law and history illustrates that the historical dimension, which has long been neglected, is an emerging concern that poses looming dangers that may unexpectedly radicalize the friction. Contributing to debunking the mystique wrought by confrontations between a historical and a law-dominated perspective, these perspectives are supported by a more nuanced analytical framework, featuring theoretical concerns with a tinge of practicality. The South China Sea Dispute aims to unveil a nuanced evolution of the issue with a confluence of inter-temporal law, policy and maritime practices in the South China Sea.

The Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practising and academic trade lawyers and a valued resource for students worldwide taking courses in international economic or trade law. DSR 2020: Volume 4 provides the reports on 'Australia - Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (WT/DS435, WT/DS441)'.

The Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and a valued resource for students worldwide taking courses in international economic or trade law. DSR 2020: Volume 3 provides the report on "United States - Countervailing Measures on Supercalendered Paper from Canada (WT/DS505)".

The Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practising and academic trade lawyers and a valued resource for students worldwide taking courses in international economic or trade law. DSR 2019: Volume 5 provides the reports on "Ukraine - Anti-Dumping Measures on Ammonium Nitrate (WT/DS493)" and on "United States - Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (WT/DS353)".

The Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practising and academic trade lawyers and a valued resource for students worldwide taking courses in international economic or trade law. DSR 2020: Volume 1 provides the reports on 'Morocco - Anti-Dumping Measures on Certain Hot-Rolled Steel from Turkey (WT/DS513)' and on 'Australia - Anti-Dumping Measures on A4 Copy Paper (WT/DS529)'.

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.

In the popular imagination, space is the final frontier. Will that frontier be a wild west, or will it instead be treated as the oceans are: as a global commons, where commerce is allowed to flourish and no one country dominates? At this moment, nations are free to send missions to Mars or launch space stations. Space satellites are vital to many of the activities that have become part of our daily lives-from weather forecasting to GPS and satellite radio. The militaries of the United States and a host of other nations have also made space a critical arena-spy and communication satellites are essential to their operations. Beginning with the Reagan administration and its attempt to create a missile defense system to protect against attack by the Soviet Union, the U.S. military has decided that the United States should be the dominant power in space in order to protect civilian and defense assets. In Heavenly Ambitions, Joan Johnson-Freese draws from a myriad of sources to argue that the United States is on the wrong path: first, by politicizing the question of space threats and, second, by continuing to believe that military domination in space is the only way to protect U.S. interests in space. Johnson-Freese, who has written and lectured extensively on space policy, lays out her vision of the future of space as a frontier where nations cooperate and military activity is circumscribed by arms control treaties that would allow no one nation to dominate-just as no one nation's military dominates the world's oceans. This is in the world's interest and, most important, in the U.S. national interest.

This book presents a comparative study on various issues regarding legal aspects of cruises - mainly, the importance of the cruise business, the impact of cruise tourism, general and specific rules applicable to cruises, liability issues, cruise passengers as consumers, package travel, labor rules for cruise workers, relevant rules on ports (e.g. on taxes, costs and rates charged to cruises in different ports), rules on the environmental impact of cruises, jurisdiction, arbitration, and choice of law in cruise contracts, and general conditions used by companies offering cruise services - in order to identify the current sources of law on these matters and determine whether or not they are appropriate and sufficient. Combining a general report with individual national reports, the book offers not only a general overview, but also the perspectives of selected jurisdictions in the Americas, Europe and Asia, namely: Argentina, Belgium, Bulgaria, Germany, Japan, Poland, Romania, Spain, Turkey, the United States, and Uruguay.

Chinese as well as European regulatory decisions need to consider regional particularities but insist on an implementation system that never loses sight of its goal. In the area of electronic communications policy, this goal is the establishment of a market environment that ensures innovation, high quality and affordable prices. The present survey aims at improving the process of knowledge exchange between European and Chinese experts and decision-makers in Information Society law and policy. The EU-China Information Society Project asked the authors to assess both the EU's and the Chinese status quo, and to bring together both perspectives together in a joint effort to learn from the EU experiences for the Chinese decision-making process today.