In the past six years, more than 55 countries have begun adopting UNCITRAL's (United National Commission on International Trade Law) Model Laws of 1999 and 2001 regarding the use and validity of e-signatures. Dozens of pieces of legislation and legislative proposals now exist around the world on the subject of e-signatures. While the model laws may look the same on paper, in practice they can vary widely. Finally, you can be certain that your clients are in compliance when using digital signatures.
The Center for International Legal Studies, in cooperation with UNCITRAL, has gathered experts in over 25 jurisdictions to analyze the impact of these standards in their respective domestic e-commerce regimes. These experts show how the Model Laws are actually implemented today in each of these countries. Now you can have on-the-ground feedback about how UNCITRAL's Uniform Rules on Electronic Signatures, the Model Law on Electronic Commerce 1996, and the Model Law on Electronic Signatures 2001 are being implemented.
A must have reference for:
Any lawyer working on a business transaction or contract using the Internet to exchange forms
Government Lawyers
Intellectual Property Lawyers
Topics covered include:
Application and enforceability of electronic transactions
Defining key terms, including 'writing, ' 'signature, ' and 'original' documents
Legal recognition of data messages
Formation of contracts
Attribution of data messages
Retention of data messages
Trustworthiness of e-signature
Electronic Commerce
Analyzes the global impact of:
UNCITRAL's Uniform Rules on Electronic Signatures
Model Law on Electronic Commerce1996
Model Law on Electronic Signatures 2001

Selbstverteidigung und kollektive Sicherheit reprasentieren gegenlaufige Ordnungsmodelle der internationalen Beziehungen und des Voelkerrechts - eine an den Einzelstaaten orientierte Ordnung steht einer Konzeption gegenuber, die primar auf staatengemeinschaftlichen Institutionen basiert. Die daraus notwendigerweise resultierende Spannung ist von Art. 51 UN-Charta nicht eindeutig geloest worden. Die in dem Buch unternommene Analyse von Charta und Staatenpraxis zeigt jedoch, dass das gegenwartige Voelkerrecht dem kollektiven System grundsatzlich Vorrang einraumt. Der UN-Sicherheitsrat kann das Selbstverteidigungsrecht der Staaten weitgehend einschranken; dies selbst dann, wenn dadurch Staaten in existentielle Gefahr geraten koennen. Dieses Ergebnis spiegelt die stark fortgeschrittene Konstitutionalisierung des Voelkerrechts wider, es legt aber auch eine Revision der Grundlagen des Voelkerrechts nahe.

Analysing the regulation of vessel-source pollution from the perspective of the political interests of key players in the ship transportation industry, this 2005 book by Alan Khee-Jin Tan offers a comprehensive and convincing account of how pollution of the marine environment by ships may be better regulated and reduced. In this timely study, he traces the history of regulation at the International Maritime Organization (IMO) and investigates the political, economic and social forces influencing the IMO treaties. Also examined are the efforts of maritime states, ship-owners, cargo owners, oil companies and environmental groups to influence IMO laws and treaties. This is an important book, which uncovers the politics behind the law and offers solutions for overcoming the deficiencies in the regulatory system. It will be of great interest to professionals in the shipping industry as well as practitioners and students.

This book analyses the impact of two vital and contemporary developments on shipping law and practice: disruptive technologies and climate change. It considers the impact of these new technologies, honing in on likely emerging issues and unresolved questions, especially about existing and potential private law liabilities and concentrates, from the point of view of English, EU and international law, on the legal implications of climate change and associated environmental risks in the shipping sector. Written by a contributor team drawn from the most experienced and knowledgeable academics and practitioners in shipping law, this treatment of these growing areas of practice will be of great use to lawyers and administrators across the world.

Die Vereinten Nationen durch drei Jahrzehnte wissenschaftlich-publizistisch, aber auch politisch so loyal zu begleiten, wie dies mein Munchner Kollege Peter 1. Opitz getan hat, setzt ein bewundernswertes Mass an Idealismus, Optimismus, aber auch Leidensfahigkeitvoraus. Diese Eigenschaften sind vonnoten, nicht nur um mit der Organisation einiger massen gegenuber Angriff und Missbrauch von aussen standhaft zu bleiben, son dern auch um mit dem Bild fertig zu werden, wie die hehren Ziele und Grundsatze der Charta der Vereinten Nationen in der Praxis der Organisation in (allzu) kleine Munze gewechseltwerden. Dennoch mussten die Vereinten Nationen, um eine beliebte Phrase zu strapa zieren, erfunden werden, wenn es sie denn nicht schon gabe: Sie sind nach wie vor die einzige internationale Organisation, die politisch alle Staaten der Erde zur Ver folgung ebenso umfassender Ziele vereint und so spiegelt sie die Realitat der heu tigen Welt wider, ob uns das Spiegelbild nun erschreckt oder freut - das Bild nicht nur einer vertrauten, gemutlichen Umgebung, sondern auch erschreckender, be drohlicher Wirklichkeiten. Damit beruhren wir das Thema des vorliegenden Bandes, die globalen Heraus forderungen. Sie zu definieren und Wege zu ihrer Bewaltigung zu beschreiben, hat seit langem den markantesten Schwerpunkt im wissenschaftlichen Werk von Peter 1. Opitz gebildet. Damit nimmt er einen prominenten Platz in der Reihe deutsch (sprachig)er Politikwissenschaftler und Volkerrechtler ein, welche die Beschafti gung mit den VereintenNationen der Muhe wert finden."

Now in its seventh edition, this bestselling Handbook for Marine Radio Communication provides an incomparable reference source for all vessels using maritime radio communication systems, which are now a legislative requirement. It includes exhaustive coverage of all UK and international regulations relating to modern maritime communications, such as the crucial GMDSS, all contained within one singular volume. This edition has been fully updated to account for recent major developments in the field. The authors deliver an authoritative guide to the complicated and changing world of radio communications, including: * Information refl ecting ITU Radio Regulations 2020 * Impending modernisation of the GMDSS * Radical changes to maritime satellite communications and associated distress and safety services * Introduction of VHF data exchange system (VDES) to supplement coastal AIS services * Introduction of navigational data (NAVDAT) to supplement NAVTEX services * Improvements to COSPAS/SARSAT systems * Introduction of AIS facility to EPIRBs * Automatic link establishment (ALE) on HF bands * Updating of global navigation satellite systems (GNSS) * UK explanatory memorandum to the Merchant Shipping (Radiocommunications) (Amendment) Regulations 2021. This is a definitive guide for today's maritime communications industry, including ship owners, ship managers, coast guards, seafarers, students of maritime communications, as well as the recreational sector.

This book is the first of its kind to explore the problems inherent in the unification of maritime law. Featuring contributions from leading experts at European maritime law research centres, it considers international conventions, current maritime practice, standard forms and recently adopted or drafted national codifications of maritime law from the codification point of view. The book is divided into four parts which represent different views on the main topic. Part I gathers chapters dedicated to different aspects and methods of unification of maritime law on a global scale, as well as several specific issues of maritime law from the regulatory point of view. Part II of the book consists of those papers that centre around the issue of transport of goods. Part III is dedicated to codifications of carriage of passengers, cruise law and leisure navigation. Finally, Part IV addresses national codifications of maritime law. Codification of Maritime Law: Challenges, Possibilities and Experience seeks to provide common ground for future unification of maritime law, which makes the book useful both for private and public maritime lawyers and states' maritime administrations worldwide.

Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. Other than conventions and customary international law, there is a plethora of international agreements that influence international conduct. This 'soft law' or 'informal law' is now prolific in ocean governance, and so it is time to consider its significance for the law of the sea. This monograph brings together women law-of-the-sea scholars with expertise in specific areas of the law of the sea, as well as international law more generally. Informal lawmaking is examined in relation to ocean resources, maritime security, shipping and navigation, and the marine environment. In each instance, there are reflections on the diverse actors, processes, and outputs shaping the regulation of the oceans. The analyses in this book further consider what this activity means within the rules on the sources, formation, and interpretation of international law. The growing reliance on informal agreements to fill legal gaps provides quick responses to pressing matters. We must assess and understand these new forms of cooperation in order to influence existing treaties or customary international law. Unconventional Lawmaking in the Law of the Sea surveys the scope of informal lawmaking in the law of the sea and evaluates the significance of this activity for the UN Convention on the Law of the Sea, as well as for ocean governance more broadly, now and in the future.

The COVID-19 pandemic, Brexit and the US-China trade dispute have heightened interest in the geopolitics and security of modern ports. Ports are where contemporary societal dilemmas converge: the (de)regulation of international flows; the (in)visible impact of globalization; the perennial tension between trade and security; and the thin line between legitimate, illicit and illegal. Applying a multidisciplinary lens to the political economy of port security, this book presents a unique outlook on the social, economic and political factors that shape organized crime and governance. Advancing the research agenda, this text bridges the divide between global and local, and theory and practice.

Ship Registration Law and Practice is fully updated and now entering its third edition. Part of Lloyd's Shipping Law Library, it is the most authoritative guide to the theory and practice of ship registration in the most popular jurisdictions. It contains the reference material needed to submit a vessel for registration at the leading ship registries world-wide, as well as extracts from key international conventions in this area, a new statistical analysis of the world merchant fleet and Port State control rankings.

The Routledge Handbook of Public Aviation Law is the first book to incorporate a comprehensive analysis of Public Aviation Law - principally international, but also domestic law in a comparative context - in a single volume. International Law is pervasive in Aviation Law, and is incorporated into a number of major multilateral treaties (e.g., the Chicago Convention of 1944, for Public International Air Law). This is supplemented by various Annexes (promulgated by the International Civil Aviation Organization) and Conventions and Protocols (promulgated by States in diplomatic conferences). States then implement these international obligations in domestic laws that create aviation regulatory administrations that, in turn, promulgate regulations. Bringing together leading scholars in the field, this prestigious reference work provides a comprehensive and comparative overview of Public Aviation Law. It surveys the state of the discipline including contemporary and emerging areas of law, regulation, and public policy in air transportation. Each chapter begins with an overview of the international law applicable to the subject matter, followed, where appropriate, by a comparative examination of domestic statutes, regulations, and jurisprudence. The objective of the book is to identify and summarize existing areas within the context of international research, and to identify and highlight emerging areas. Both practical and theoretical in scope, the Routledge Handbook of Public Aviation Law will be of great relevance to scholars, researchers, lawyers, and policy makers with an interest in aviation law.

Against the backdrop of enormous technological strides, this book argues that the air transport industry must be constantly vigilant in its efforts to employ a legal regime that is applicable to the aeronautical and human aspects of the carriage by air of persons and goods. In this regard, safety and security are of the utmost importance, both in terms of safe air navigation and the preservation of human life. Although the International Civil Aviation Organization (ICAO) addresses legal issues through its Legal Committee, many emerging issues that urgently require attention lie outside the Committee's purview. This book analyzes in detail the items being considered by ICAO's Legal Committee, considers the legal nature of ICAO, and discusses whether or not ICAO's scope should be extended. Since the limited issues currently addressed by ICAO do not reflect the rapidly changing realities of air transport, the book also covers a broad range of key issues outside the parameters set by ICAO, such as: the need to teach air law to a new generation of aviation professionals; combating cyber-crime and cyber-terrorism; the regulation of artificial intelligence; traveller identification; interference with air navigation; human trafficking; unruly passengers; climate change; air carrier liability for passenger death or injury; Remotely Piloted Aircraft Systems (drones); and the cabin crew and their legal implications.

Why do states often fail to cooperate, using transboundary natural resources inefficiently and unsustainably? Benvenisti examines the contemporary international norms and policy recommendations that could provide incentives for states to cooperate. His approach is multi-disciplinary, proposing transnational institutions for the management of transboundary resources. Although global water policy issues seem set to remain a cause for concern for the foreseeable future, this study provides a new approach to the problem of freshwater, and will interest international environmentalists and lawyers, international relations scholars and practitioners.

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.

The Law of Shipbuilding Contracts examines the principles of English contract law as these apply to shipbuilding. The leading text on shipbuilding and marine construction, widely used by the global maritime community, this new edition is updated to account for the "long tail" effects of the global economic crisis on the sector. The authors provide expert analysis on the key shipbuilding contract forms, including sections dealing with agreements ancillary to the shipbuilding contract and ship conversion contracts, together with - for the first time - contracts for the construction of offshore oil and gas vessels and units. The new edition has been comprehensively updated, including commentary on recent High Court decisions on shipbuilding contracts and, in particular, associated refund guarantees. The contractual and legal consequences of global economic turbulence and the resultant increase in the number and size of disputes in the shipbuilding sector are discussed, alongside coverage of other contemporary regulatory and legal issues resulting from environmental pressures and the trend for "cleaner", more efficient tonnage. A comprehensive and authoritative resource, this book is essential reading for buyers and charterers of newbuilding tonnage, shipbuilders and offshore construction yards, shipbrokers, banks and other finance providers, lawyers and insurers working in the maritime and offshore oil and gas sectors, as well as students of maritime law.

Der Autor des Buches untersucht die Bedeutung von "Made in China" als geographische Herkunftsangabe im Rahmen des deutschen Rechts. Im Hinblick auf den Kennzeichenschutz fur die geographischen Herkunftsangaben im deutschen Recht wird eroertert, welche rechtlichen Gestaltungsmoeglichkeiten "Made in China" hat, um sich von dem traditionellen Imageproblem in Deutschland zu befreien.

While it might have been viable for states to isolate themselves from international politics in the nineteenth century, the intensity of economic and social globalisation in the twenty-first century has made this impossible. The contemporary world is an international world - a world of collective security systems and collective trade agreements. What does this mean for the sovereign state and 'its' international legal order? Two alternative approaches to the problem of 'governance' in the era of globalisation have developed in the twentieth century: universal internationalism and regional supranationalism. The first approaches collective action problems from the perspective of the 'sovereign equality' of all States. A second approach to transnational 'governance' has tried to re-build majoritarian governmental structures at the regional scale. This collection of essays wishes to analyse - and contrast - the two types of normative and decisional answers that have emerged as responses to the 'international' problems within our globalised world.

Recent wars and conflicts, the 'blood diamond' wars in the Democratic Republic of the Congo, and the wars in Iraq and Afghanistan, as well as asset freezing and blocking in the so called war against terrorism have more than ever before raised questions about the status of private property and contract rights after the outbreak of war. Do invading and occupying powers have the right to destroy and confiscate private property and ignore contract rights? Are residents of a war-torn countries and foreign investors alike protected by international laws that uphold commercial freedom? Who, and on what legal authority, decides cases over contested resources during or after war? As globalization and armed conflicts continue to grow and co-exist, these questions are increasingly in the international spotlight.
War, Commerce, and International Law authoritatively explores these questions in the context of the relationship between war and commerce, on one hand, and international law, on the other. This book also places these questions in a historical context. Professor Gathii argues that there are continuities and discontinuities in the ways in which these rules were applied in colonial acquisitions of territory and in the protection of the rights of bond holders in the period before the twentieth century, and the manner in which private property and contract rights are being treated under occupation and during wartime in the contemporary period.
This book also offers an original and authoritative framework for appreciating relations between powerful and less powerful States and entities and between public and private power, as well as between peoples from vastly different cultural and racial backgrounds, in the context of war and commerce. It presents authoritative comparisons and contrasts between the protection of rights of foreign and domestic investors under international law in the context of war. In so doing, it debunks the story that commerce has prevailed over wartime deprivations and destructions of private property and contract rights. It shows how wartime effects on private property are a constitutive component of war rather than an aberration of it. Professor Gathii demonstrates that while international legal prohibitions against destruction and confiscation of private property during wartime are important, they have often been disregarded or sacrificed at the alter of claims of liberty and freedom historically as well as in the contemporary period.
Most importantly, War, Commerce, and International Law shows that although the doctrines and rules of international law relating to war and commerce guarantee fairness between all states, their application, interpretation, and adjudication in a variety of contexts nevertheless simultaneously carry forward within them the legacy of imperialism and colonial conquest. However, while international law carries within it this legacy, its guarantees of the equality of all states and of the human rights of all individuals, continue to offer hope for poor and weak states and individuals everywhere.

This book analyses the ability of existing international law to address common vulnerabilities in connection with the recent emergence of small satellites, and how finding consensus in this context can pave the way to the sustainable development of space. The rise of small satellite constellations has produced a paradigm shift in the use of space capabilities, suddenly making them far more available and affordable. This development has in turn sparked substantial global interest in finding ways to capitalize on the new opportunities and to mitigate the challenges posed by these mega-constellations. This work targets precisely that need, offering a valuable asset for readers from the commercial space industry, investors, lawyers, researchers, academics and policymakers alike.

The freedom of the seas -- meaning both the oceans of the world and coastal waters -- has been among the most contentious issues in international law for the past four hundred years. The most influential argument in favour of freedom of navigation, trade, and fishing was that put forth by the Dutch theorist Hugo Grotius in his 1609 Mare Liberum'. The Free Sea' was originally published in order to buttress Dutch claims of access to the lucrative markets of the East Indies. It had been composed as the twelfth chapter of a larger work, De Jure Praedae' (On the Law of Prize and Booty'), which Grotius had written to defend the Dutch East India Company's capture in 1603 of a rich Portuguese merchant ship in the Straits of Singapore. This new edition publishes the only translation of Grotius's masterpiece undertaken in his own lifetime -- a work left in manuscript by the English historian and promoter of overseas exploration Richard Hakluyt (1552-1616). This volume also contains William Welwod's critque of Grotius (reprinted for the first time since the seventeenth century) and Grotius's reply to Welwod. Taken together, these documents provide an indispensable introduction to modern ideas of sovereignty and property as they emerged from the early-modern tradition of natural law.

Countries emerging from violent conflict face difficult challenges about what the role of media should be in political transitions, particularly when attempting to build a new state and balance a difficult legacy. Media, Conflict, and the State in Africa discusses how ideas, institutions and interests have shaped media systems in some of Africa's most complex state and nation-building projects. This timely book comes at a turbulent moment in global politics as waves of populist protests gain traction, and concerns continue to grow about fake news, social media echo chambers, and the increasing role of both traditional and new media in waging wars or influencing elections. Focusing on comparative cases from a historical perspective and the choices and ideas that informed the approaches of some of Africa's leaders, including guerrilla commanders Yoweri Museveni of Uganda and Meles Zenawi of Ethiopia, Nicole Stremlau offers a unique political insight into the development of contemporary media systems in Africa.