This book presents a novel framework to reconceptualize Internet governance and better manage cyber attacks. Specifically, it makes an original contribution by examining the potential of polycentric regulation to increase accountability through bottom-up action. It also provides a synthesis of the current state of cybersecurity research, bringing features of the cloak and dagger world of cyber attacks to light and comparing and contrasting the cyber threat to all relevant stakeholders. Throughout the book, cybersecurity is treated holistically, covering outstanding issues in law, science, economics, and politics. This interdisciplinary approach is an exemplar of how strategies from different disciplines as well as the private and public sectors may cross-pollinate to enhance cybersecurity. Case studies and examples illustrate what is at stake and identify best practices. The book discusses technical issues of Internet governance and cybersecurity while presenting the material in an informal, straightforward manner. The book is designed to inform readers about the interplay of Internet governance and cybersecurity and the potential of polycentric regulation to help foster cyber peace.

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.

This new title features the published papers of Professor D. Rhidian Thomas and a host of high profile speakers, originally presented at the Swansea International Colloquium on Marine Insurance Law 2005. It examines and analyses in-depth specific issues that are currently occupying the marine insurance markets and the law. The issues identified in this book are the fundamental issues on which marine insurance law is based, and of which are in the process of being re-examined and developed further to respond to the needs of modern insurance practice. The purpose of this text is to complement more general textbooks by delving more deeply into contemporary issues and thereby offering solutions rather than an introduction to problems.

This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states' attempts to regulate aspects of a vessel's structure or equipment, or even certain activities that may take place before a vessel's arrival in port. The author argues that examples of unilateral measures being imposed by way of port state jurisdiction are growing, and that without active protests from flag states this concept will continue to expand in scope. As international law currently presents very few restrictions on the actions of ambitious port states, such developments may have a significant impact on the future of international maritime regulation.

'The editor has grouped the 15 substantive chapters into one of four themes: order, leadership, institutions, and prospects and perspectives. She succinctly expresses the unifying challenge within the region as one of managing rapid growth but also confronting its vulnerability. There is much of value in this volume ...'Journal of the Indian Ocean RegionFive out of the eight South Asian countries have direct access to the Indian ocean, yet research tends to focus instead on the region's landmass. Much less attention is paid to the extensive maritime space that links South Asian countries, provides their populations with vital access to resources, connects their economies to global trade networks and perhaps most importantly, contributes to law and order at sea.At a time when the Indian Ocean has gained great interest and relevance for many global actors, the role and location of South Asia will have critical implications for strategic calculation and alignment. Furthermore, if trade imbalances are to be tackled and economic globalization to regain steam, enhancing South Asia's ability to export and import through the oceans is essential. Finally, climate change is projected to impact South Asia massively. Coping with humanitarian crises and natural disasters will need critical investments in maritime capacities and cooperation.This edited volume brings together multiple perspectives on contemporary maritime governance in South Asia, from practitioners, policy-makers and academics around the world. They examine India's role as South Asia's leading naval and economic power and the capacity of key actors to shape maritime order in the Indian Ocean.

With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

Written from the perspective of the Average Adjuster, and updated to include a detailed analysis of the new rules adopted in 2016, this book is an essential read for practitioners in maritime law and marine insurance. The book contains: historical references regarding the establishment of General Average from Roman Law onwards; details of the establishment of International rules to achieve uniformity in the adjustment of General Average and their development: the Glasgow Resolutions of 1860; the York rules of 1864; and the York-Antwerp Rules 1877, 1890, 1924, 1950, 1974, 1994, 2004 and 2016; a detailed analysis of the York-Antwerp Rules 2016; CMI Guidelines relating to General Average; general average security; general average absorption clauses; and new to this edition: insurance of average disbursements.

Networks in Telecommunications addresses fundamental issues in discussions of regulatory policy by offering an integrated framework for understanding the economics and law of networks. It extends theories on network design associated with the mathematics of graph theory, which provides insights into the complex, systemic interrelationship between network components. It also applies the principles of transaction cost economics to analyze decisions about the appropriate boundaries of proprietary network architecture. The book introduces network theory to the study of the economics and law of telecommunications. The discussion opens up the black box of the cost function in telecommunications. The analysis also goes beyond the 'network externalities' approach that focuses primarily on the size of networks. The book highlights the effects of network architecture and the tradeoffs inherent in network design.

Networks in Telecommunications addresses fundamental issues in discussions of regulatory policy by offering an integrated framework for understanding the economics and law of networks. It extends theories on network design associated with the mathematics of graph theory, which provides insights into the complex, systemic interrelationship between network components. It also applies the principles of transaction cost economics to analyze decisions about the appropriate boundaries of proprietary network architecture. The book introduces network theory to the study of the economics and law of telecommunications. The discussion opens up the black box of the cost function in telecommunications. The analysis also goes beyond the 'network externalities' approach that focuses primarily on the size of networks. The book highlights the effects of network architecture and the tradeoffs inherent in network design.

Is the Internet erasing national borders? Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries? Who's really in control of what's happening on the Net? In this provocative new book, Jack Goldsmith and Tim Wu tell the fascinating story of the Internet's challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world.

It's a book about the fate of one idea - that the Internet might liberate us forever from government, borders, and even our physical selves. We learn of Google's struggles with the French government and Yahoo's capitulation to the Chinese regime; of how the European Union sets privacy standards on the Net for the entire world; and of eBay's struggles with fraud and how it slowly learned to trust the FBI.

In a decade of events the original vision is uprooted, as governments time and time again assert their power to direct the future of the Internet. The destiny of the Internet over the next decades, argue Goldsmith and Wu, will reflect the interests of powerful nations and the conflicts within and between them. While acknowledging the many attractions of the earliest visions of the Internet, the authors describe the new order, and speaking to both its surprising virtues and unavoidable vices.

Far from destroying the Internet, the experience of the last decade has lead to a quiet rediscovery of some of the oldest functions and justifications for territorial government. While territorial governments have unavoidable problems, it has proven hard to replace what legitimacy governments have, and harder yet to replace the system of rule of law that controls the unchecked evils of anarchy. While the Net will change some of the ways that territorial states govern, it will not diminish the oldest and most fundamental roles of government and challenges of governance.

Well written and filled with fascinating examples, including colorful portraits of many key players in Internet history, this is a work that is bound to stir heated debate in the cyberspace and globalization communities.

Should law be technologically neutral, or should it evolve as human relationships with technology become more advanced?
In Law in an Era of "Smart" Technology, Susan Brenner analyzes the complex and evolving interactions between law and technology and provides a thorough and detailed account of the law in technology at the beginning of the 21st century. Brenner draws upon recent technological advances, evaluating how developing technologies may alter how humans interact with each other and with their environment. She analyzes the development of technology as shifting from one of "use" to one of "interaction," and argues that this interchange needs us to reconceptualize our approach to legal rules, which were originally designed to prevent the "misuse" of older technologies.
As technologies continue to develop over the next several decades, Brenner argues that the laws directed between human and technological relationships should remain neutral. She explains how older technologies rely on human implementation, but new "smart" technology will be completely automated. This will eventually lead to, as she explains, the ultimate progression in our relationship with technology: the fusion of human physiology and technology. Law in an Era of "Smart" Technology provides a detailed, historically-grounded explanation as to why our traditional relationship with technology is evolving and why a corresponding shift in the law is imminent and necessary.

Will cyberanarchy rule the net? And if we do find a way to regulate our cyberlife will national borders dissolve as the Internet becomes the first global state? In this provocative new work, Jack L. Goldsmith and Tim Wu dismiss the fashionable talk of both a 'borderless' net and of a single governing 'code'. Territorial governments can and will, they contend, exercise significant control over all aspects of Internet communications. Examining policy puzzles from e-commerce to privacy, speech and pornography, intellectual property, and cybercrime, Who Controls the Internet demonstrates that individual governments rather than private or global bodies will play that dominant role in regulation. Accessible and controversial, this work is bound to stir comment.

The general international law regarding foreign merchant ships in internal waters has never been codified. The question of the breadth of the territorial sea was finally solved during the Third United Nations Conference on the Law of the Sea. But conflicts between coastal States and foreign merchant ships in internal waters and the territorial sea may arise. This comprehensive study analyses these issues and strives for reasonable and generally acceptable solutions.

This edited collection consolidates research on the current and future perspectives of international trade law applicable to telecommunications services and audiovisual services in a context of convergence. It is divided into three main parts. The first part analyses the current regulatory framework applicable to telecommunications services in the context of the WTO, including the controversial issues of accounting rates and international competition rules. The second part discusses and analyses the current regulatory framework applicable to audiovisual services. The third part analyses convergence from different angles, including an explanation of convergence in technical terms, as well as reviewing the legal and economic consequences of convergence for trade in telecommunications and audiovisual services. This research lead the editors to summarize the findings made in the chapters and to draw a tentative set of issues to be discussed in the context of the Doha Round of negotiations.

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.

In his forty-three years as a practising lawyer, Kevin O'Donnell encountered a wide and sometimes weird mixture of characters lawyers, clients, police officers, and others. When it came time to tell the story of his career, he knew that he didn't want to write a book only about the law; he wanted to write a book about the people with whom and for whom he worked.

Some of these stories may come off as improbable or even impossible, but they're all true. He shares tales of the more notable people he had the privilege of dealing with and the unusual situations those associations created. He received the occasional threat of violence, but fortunately, none of them came to pass. He also survived the aggression of his peers, in and out of court. During his experience as a law student, articled clerk, employee lawyer, senior associate for substantial law fi rms, and partner in a fi rm in regional Victoria, he saw it all- and some of the best anecdotes from those years await within.

Many of the people he writes about are still his friends (and some never were), while some of them are now deceased. They've all provided him with amusement over the years, as well as wry smiles as he brought their shared adventures to life in his memoir.

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.

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).

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.

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.