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Books > Law > International law > Public international law > International law of transport & communications
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.
Written by eminent international judges, scholars and practitioners, this book offers a timely study of China's role in international dispute resolution in the context of the construction of the 'Belt and Road Initiative' (BRI). It provides in-depth analysis of the law and practice in the fields of international trade, commerce, investment and international law of the sea, as they relate to the BRI construction. It is the first comprehensive assessment of China's policy and practice in international dispute resolution, in general and in individual fields, in the context of the BRI construction. This book will be an indispensable reading for scholars and practitioners with interest in China and international dispute resolution. It also constitutes an invaluable reference for anyone interested in the changing international law and order, in which China is playing an increasingly significant role, particularly through the BRI construction.
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 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)'.
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.
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)".
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 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 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 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)'.
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.
Unmanned aerial systems (UAS) are aircraft that do not carry a pilot aboard, but instead operate on pre-programmed routes or are manually controlled by following commands from pilot-operated ground control stations. Unauthorised UAS operations have, in some instances, compromised safety. The Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 directed FAA to take actions to safely integrate UASs into the national airspace. In response, FAA developed a phased approach to facilitate integration and established test sites among other things. This book addresses the status of FAA's progress toward safe integration of UASs into the national airspace; research and development support from FAA's test sites and other resources; and how other countries have progressed toward UAS integration into their airspace for commercial purposes.
In February 2015, the Federal Communications Commission (FCC) adopted an order that will impose rules governing the management of Internet traffic as it passes over broadband Internet access services (BIAS), whether those services are fixed or wireless. The rules are commonly known as "net neutrality" rules. The order was released in March 2015. According to the order, the rules ban the blocking of legal content, forbid paid prioritisation of affiliated or proprietary content, and prohibit the throttling of legal content by broadband Internet access service providers (BIAS providers). The rules are subject to reasonable network management, as that term is defined by the FCC. This book discusses selected legal issues raised by FCC's 2015 open internet order, and examines the net neutrality debate.
The ocean and its inhabitants sketch and stretch our understandings of law in unexpected ways. Inspired by the blue turn in the social sciences and humanities, Blue Legalities explores how regulatory frameworks and governmental infrastructures are made, reworked, and contested in the oceans. Its interdisciplinary contributors analyze topics that range from militarization and Maori cosmologies to island building in the South China Sea and underwater robotics. Throughout, Blue Legalities illuminates the vast and unusual challenges associated with regulating the turbulent materialities and lives of the sea. Offering much more than an analysis of legal frameworks, the chapters in this volume show how the more-than-human ocean is central to the construction of terrestrial institutions and modes of governance. By thinking with the more-than-human ocean, Blue Legalities questions what we think we know-and what we don't know-about oceans, our earthly planet, and ourselves. Contributors. Stacy Alaimo, Amy Braun, Irus Braverman, Holly Jean Buck, Jennifer L. Gaynor, Stefan Helmreich, Elizabeth R. Johnson, Stephanie Jones, Zsofia Korosy, Berit Kristoffersen, Jessica Lehman, Astrida Neimanis, Susan Reid, Alison Rieser, Katherine G. Sammler, Astrid Schrader, Kristen L. Shake, Phil Steinberg
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.
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 2 provides the report on 'Russia - Measures Affecting the Importation of Railway Equipment and Parts Thereof (WT/DS499)'.
Many companies that have become household names have avoided billions in taxes by 'parking' their valuable intellectual property (IP) assets in holding companies located in tax-favored jurisdictions. In the United States, for example, many domestic companies have moved their IP to tax-favored states such as Delaware or Nevada, while multinational companies have done the same by setting up foreign subsidiaries in Ireland, Singapore, Switzerland, and the Netherlands. In this illuminating work, tax scholar Jeffrey A. Maine teams up with IP expert Xuan-Thao Nguyen to explain how the use of these IP holding companies has become economically unjustified and socially unacceptable, and how numerous calls for change have been made. This book should be read by anyone interested in how corporations - including Gore-Tex, Victoria's Secret, Sherwin-Williams, Toys-R-Us, Apple, Microsoft, and Uber - have avoided tax liability with IP holding companies and how different constituencies are working to stop them.
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.
Maritime Delimitation as a Judicial Process is the first comprehensive analysis of judicial decisions, state practice and academic opinions on maritime boundary delimitation. For ease of reading and clarity, it follows this three-stage approach in its structure. Massimo Lando analyses the interaction between international tribunals and states in the development of the delimitation process, in order to explain rationally how a judicially-created approach to delimit maritime boundaries has been accepted by states. Pursuing a practical approach, this book identifies disputed points in maritime delimitation and proposes solutions which could be applied in future judicial disputes. In addition, the book engages with the underlying theories of maritime delimitation, including the relationship between delimitation and delineation, the effect of third states' rights on delimitation, and the manner in which each stage of the process influences the other stages.
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.
Now presented in two convenient volumes, the sixth edition of Berlingieri on Arrest of Ships is an invaluable source of information, detailing the claims in respect of which a ship may be arrested, the conditions for obtaining an order of arrest, the need for a security, the manner by which the ship that has been arrested may be released, the possibility of a multiple arrest and the jurisdiction on the merits. Focused on the 1952 Arrest Convention, volume I provides a unique, thorough, and updated commentary, analysing each provision with reference to its interpretation in a significant number of States Parties. Moreover, the original comments have been reviewed on the basis of the Travaux Preparatoires of the Convention, which the Author has collected and arranged under each article. In addition to this, the Travaux Preparatoires are now included as a new and important appendix to the volume. Written by a renowned expert in the field, and analysing the various conventions relating to the arrest of ships in an article-by-article and paragraph manner, this book is a useful reference tool for practitioners, as well as academics and post-graduate students of maritime law.
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.
The Principles and Practice of International Aviation Law provides an introduction to, and demystification of, the private and public dimensions of international aviation law. Unlike other global sectors, the air transport industry is not governed by a discrete area of the law, but by disparate transnational regulatory instruments. Everything from the routes that an international air carrier can serve to the acquisition of its fleet and its liability to passengers and shippers for incidents arising from its operations can be the object of bilateral and multilateral treaties that represent diverse and often contradictory interests. Beneath this are hundreds of domestic regulatory regimes that also apply national and international rules in disparate ways. The result is an agglomeration of legal cultures that can leave even experienced lawyers and academics perplexed. By combining classical doctrinal analysis with insights from newer disciplines such as international relations and economics, the book maps international aviation law's complex terrain for new and veteran observers alike. |
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