The are new sections and a chapter (on financing) to cover topics missing or covered in insufficient detail in the first edition. The book has been updated to cover key decisions in relevant case law and industry practice in this area since the last edition. The book provides hands-on, practical guidance - assists practitioners with the negotiation of contract wording and resolving disputes during the execution of projects. Businesses engaged in offshore construction often urgently require such practical guidance. English law remains the preferred choice of law, and London the preferred dispute resolution centre. - will be relevant to jurisdictions worldwide, even where other systems of law or dispute resolution venues are chosen, as typical principles of English law often come into play. The book is written by those engaged on a daily basis with giving urgent advice and practical guidance to clients engaged in these activities.

Seafarers' Rights provides the reader with a systematic analysis of the rights of seafarers in the context of the international shipping industry, showing how they are made up of a combination of national and international laws, drawn from a number of sources including maritime law, labour law and international human rights law. Central chapters on these topics are dealt with on an international basis, and complemented by 12 chapters covering key national regimes of particular importance in terms of shipping. The book demonstrates how the seafarer, working in a truly global industry, often falls between the gaps in national and international law. As a result seafarers often have inadequate legal protections. Seafarers' Rights seeks to document the rights and remedies available to seafarers, highlight the problem areas, examine the legal systems of certain seafaring nations and port states and suggest areas that are ripe for legal reform. Countries covered in the national chapters include Brazil, China, Norway, Russia, South Africa, UK and the US.

By their very nature, ships do not stay put. They are also uniquely vulnerable to arrest. The good sense of a work which covers the law of arrest in multiple significant maritime jurisdictions is not hard to see. Derrington & Turner should be at the elbow of lawyers, insurers, ship owners, and maritime claimants across the globe. In addition to its practical value, the scholarly and uniquely comparative approach taken by this book advances the understanding of the law practised in the Admiralty jurisdictions, particularly in an era when the sheer volume of decisions produced by the future Lord Brandon are a distant and fast-receding memory. As with the first edition of this well-regarded work, difficult and unsettled points of law are analysed alongside considered illustrations drawn from the case law of England, Australia, Canada, Hong Kong, New Zealand, Singapore and South Africa. The book has been fully revised and updated with significant developments in both the substantive admiralty law and procedural rules of major jurisdictions, including changes to the conventions which affect limitation of liability on a ship owner and to the rules on stay for arbitration, the jurisprudence of arrest procedures and cross-border insolvencies, and judicial and academic evaluations of the true nature of a maritime lien. Interactions with the recast Brussels jurisdiction regulation are also discussed in this second edition.

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 is a major new work on International Space Law by an author who has perhaps contributed more than any other scholar to its development. In it he examines the whole of the regime of international law and space law including the role of the United Nations, the legal status of outer space, astronauts and out of space objects, the military use of outer space, the commercial uses of outer space and in particular the emerging law relating to satellites and telecommunications, including the increasingly vexed problems of international responsibility and liability for national activities in space. A number of the chapters in this book have previously been published as essays in law journals and as chapters of books but this is the first time that all these major pieces appear together and the opportunity has been taken to revise and update where appropriate.

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.

In dieser Arbeit werden alle relevanten Bereiche und Rechtsgebiete des Seeprivatrechts daraufhin untersucht, wie sich Streitigkeiten in das System des vereinheitlichten europaischen Prozessrechts einfugen. Dabei wird analysiert, welche Gerichtsstande der EuGVVO fur die jeweiligen Streitigkeiten eroffnet sind und welche seeprozessrechtlichen Probleme sich ergeben. Schwerpunkte sind das Seetransport- und das Seearbeitsrecht. Auslandische Literatur und Rechtsprechung werden zu den wichtigsten Fragen der internationalen Zustandigkeit berucksichtigt."

Der Autor untersucht die Grenzen internationaler Schiedsvereinbarungen im Hinblick auf international zwingende Sachnormen (sog. Eingriffsnormen). Kann die Schiedseinrede mit dem Argument zuruckgewiesen werden, das vereinbarte Schiedsgericht werde eine Eingriffsnorm, die fur nationale Gerichte zwingend sei, nicht beachten? Oder hat das abredewidrig angerufene Gericht die Parteien dennoch auf das schiedsrichterliche Verfahren zu verweisen? Zur Klarung dieser Frage erfolgt eine umfangreiche Analyse zum Umgang mit Eingriffsnormen in der Schiedsgerichtsbarkeit sowie eine Auswertung der Schiedspraxis. Auf dieser Grundlage entwickelt der Autor einen detaillierten Loesungsvorschlag aus der Sicht eines deutschen Gerichts und wendet diesen auf praktisch relevante Beispielsfalle an.

Bringing a fresh, comparative approach to transport documents used in the carriage of goods by sea, this book covers bills of lading, sea waybills, ship's delivery orders, multimodal transport documents, and electronic transport documents. The book covers historic developments, current conventions, and thoughts for the future on these transport documents; and delves deeply into the legal issues concerning them. It represents a comprehensive compilation of case and statute law from around the world on this subject. In addition to English law, the book covers American, French, German, and Italian laws, as well as the laws of several East Asian jurisdictions (China, Japan, South Korea). Primarily, the book will be of use to maritime law scholars and students, and lawyers who deal with shipping. It may also be of interest to international traders, banks, and ship masters and officers.

Jurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.

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.

Der Band dokumentiert zwei zusammenhangende Tagungen, bei denen die zentralen Probleme des Allgemeinen und Besonderen Teils des am 01.09.1998 in Kraft getretenen kodeks karny diskutiert wurden. Die Analyse der Gemeinsamkeiten und Unterschiede zwischen den Strafgesetzbuchern der beiden Lander ist vor allem deshalb lohnend, weil die neue polnische Kodifikation einerseits durch eine grundlegende Liberalisierung zu einer Annaherung der Regelungen gefuhrt hat, andererseits aber auch durchdenkenswerte eigenstandige Bestimmungen uber aktuelle Probleme enthalt, deren Regelung im deutschen Strafgesetzbuch noch fehlt. Die Referate stammen u.a. von den polnischen Strafrechtswissenschaftlern, die die einzelnen Abschnitte des kodeks karny federfuhrend mitgestaltet haben."

Im Herzstuck des europaischen Vereinigungsprozesses, der Warenverkehrsfreiheit, hat die EU auf der Basis der "Neuen Konzeption" und des "Globalen Konzepts" mit dem System der Akkreditierung und Zertifizierung eine europaische Verwaltungsstruktur geschaffen. Deren tragendes Element bilden Private, die als Benannte Stellen im Wege der Zertifizierung uber die Marktzulassung von Produkten entscheiden. Die mitgliedsstaatlichen Verwaltungen bilden nur noch einen rechtsstaatlichen Ankerpunkt. Akkreditierung und Zertifizierung werden als neue Institute des europaischen Verwaltungsrechts in der deutschen Rechtsordnung beschrieben und anhand verfassungsrechtlicher und europarechtlicher Grundsatze analysiert. Das neue europaische Produktzulassungsrecht liefert damit einen weiteren Baustein fur ein europaisches Verwaltungsrecht."

This is the last of three volumes dealing with the International Legal Environment (see list in back of book), included in the Collected Research Studies of the Royal Commission on the Economic Union and Development Prospects for Canada. The Third United Nations Conference on the Law of the Sea (UNCLOS 3) culminated in the adopted of the United Nations convention on the law of the sea in 1982. Since then 150 countries, including Canada, have signed this historic treaty. It affects Canada's four major ocean industries: fishing, offshore petroleum, shipping and ocean mining. As Canada contemplates ratification of this agreement, it must consider these as well as several other maritime matters, including transit management, offshore development, marine-technology development and ocean-science policy. This volume delineates the issues and their implications for Canada's future at sea, and recommends the establishment of an independent advisory body to ensure serious and comprehensive treatment of maritime concerns.

The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations. James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.

The new edition of this British Insurance Law Association (BILA)-award winning text is the definitive reference source for marine cargo insurance law. Written by an author who was closely involved with the revisions to the Institute Cargo Clauses 2009, the work expertly examines marine cargo insurance by reference to important English and foreign legal cases as well as the Marine Insurance Act 1906. Logically arranged to reflect the structure of the Institute Cargo Clauses, the most widely used standard form of cover, this text offers easy to find solutions for today's busy practitioner. New to this edition: Completely revised to include the Insurance Act 2015 (duty of fair presentation; warranties, fraudulent claims) Brand new chapter on the revised Institute Ancillary and Trade Clauses, including those to be introduced on 1 November 2015 Increased coverage of jurisdiction and choice of law, particularly taking into account the Rome I Regulation Enhanced coverage of the issue of Constructive Total Loss Consideration of the Law Reform Commission's proposals for the reform of insurance law, and further amendments to the Marine Insurance Act 1906. Covers latest developments in the Enterprise Bill for damages for late payment of claims Fully updated with all of the influential cases since 2009, including: The Cendor MOPU, one of the most important marine insurance cases of the last 50 years. Clothing Management v Beazley Solutions Notable hull cases such as Versloot Dredging v HDI Gerling on fraudulent devices Influential foreign cases taken from this book's sister text, International Cargo Insurance This unique text is a one-stop resource for marine insurance lawyers handling cargo claims, and will also be of interest to students and researchers of maritime law.

Written by a team of acclaimed practitioners and leading academics, this book brings together in one single volume an analysis of contemporary legal issues concerning ship building, sale and finance contracts. It offers a comprehensive, expert and thoroughly practical guide on what is a very complex area of law in today's international shipping industry. The book presents a detailed and critical analysis of standard and non-standard shipbuilding and sale contracts, including vital but often overlooked issues such as payment and refund guarantees, which have been at the forefront of recent litigation and practice. It also critically and thoroughly analyses several types of standard insurance contracts, including shipbuilder's risks and mortgagee's interests, which are not adequately dealt with elsewhere and it provides a critical and contemporary discussion on the legal and practical issues surrounding ship finance, ship mortgages and more esoteric issues such as the use of bareboat charters and financial derivatives. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide. The book is divided into 3 parts; Legal Issues relating to Ship Building, Ship Sale Contracts and Practice, and Legal and Practical Issues relating to Ship Finance. Each has been expertly contributed to by the leading practitioners and academics in the field from top firms, chambers and institutions including; Ince & Co, Quadrant Chambers, Haynes and Boone CDG, LLP, Holman Fenwick Willan LLP, Watson Farley & Williams LLP, 7 Kings Bench Walk, and Institute of International Shipping and Trade Law (IISTL) of Swansea University.