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Books > Law > International law > Public international law > International law of transport & communications
This unique new title provides expert, hands-on advice as to the
law and practice of the maritime letter of indemnity. Detailing the
variety of implications that can arise from each type of letter,
the authors bring this important and litigious subject to the fore
with a view to reducing the commercial and legal risks involved in
this core area of shipping and international trade.
Key features of this title include detailed legal analysis
of:
- The history of indemnity contracts and letters of
indemnity
- Shipping and international trade contexts where letters of
indemnity are used
- GAFTA sale contract forms and standard letter of indemnity
P&I Clubs forms
- The enforceability of maritime letters of indemnity
- The rights and liabilities for sellers, buyers, banks and ship
owners which arise from the use of letters of indemnity
- The impact on the system based on the use of bills of lading
and on electronic bills of lading
- Policy issues arising from the use of letters of indemnity in
practice and of the practicalities of litigation involving letters
of indemnity.
As the only text currently on the market covering maritime
letters of indemnity in such detail, this book will be an
indispensable guide for maritime lawyers, professionals and
academics alike, as well as shipowners, charterers, commodity
traders and trade finance professionals
This report explores how Asia and the Pacific can capitalize on
growing opportunities in digital services through structural
reforms and international cooperation. Another year into the
coronavirus disease (COVID-19) pandemic, the report describes an
Asia and Pacific region that has more experience in tackling
pandemic hardships, better data showing positive integration
trends, and greater confidence in regional cooperation to address
shared concerns. The publication gives an overview of changes in
trade and global value chains, cross-border investment, financial
integration, and the movement of people since the pandemic began.
Freight Forwarding and Multimodal Transport Contracts, 2nd Edition,
is a comprehensive guide to the law in relation to contract forms
and terms created by operators, trade associations or international
bodies such as the UN and used as a basis for trading conditions by
freight forwarders, logistics suppliers, combined or multimodal
transport operators and container operators. This second edition
examines the latest editions of contract forms and terms, both
where their object is the supply or procurement of multimodal
carriage, as well as where they are directed to the use of combined
transport equipment (ie containers, swap bodies). Of particular
prominence will be a detailed examination of the latest versions of
conditions used by the principal UK forwarding, logistics,
intermodal and container operators such as the British
International Freight Association (BIFA) conditions 2005A and the
current Freightliner Conditions as well as updates on many of the
conditions in use and legal developments relevant to them, eg Road
Haulage Association Conditions 2009, Maersk Conditions of Carriage,
TT Club Conditions.
This book identifies and examines the legal challenges facing the
shipping industry and ship management today. It first addresses
flag state rules and private international law as organisational
tools of the shipowner for establishing the applicable legal
framework in an age of increasing regulatory activity and
extraterritorial effect of legislation. It then focuses on
sustainability requirements and the liability of shipping companies
managing supply chains and ships as waste. The third section
considers challenges stemming from times of financial crisis and
deals with the cross-border impact of shipping insolvencies, the
UNCITRAL Model Law, and the approaches of different jurisdictions.
Finally, the fourth section concerns digitalisation and automation,
including delivery on the basis of digital release codes, bills of
lading based on blockchain technology, the use of web portals and
data sharing, and particular aspects of the law relating to
autonomous ships, notably in marine insurance and carriage of
goods. The book will be a useful resource for academics and
practising lawyers working in shipping and maritime law.
International Cargo Insurance examines the law and practice of
marine cargo insurance on a worldwide basis, and provides the busy
practitioner the information needed to quickly and accurately
resolve cargo insurance coverage issues, wherever they may arise.
The book concentrates on the law in the United States and England.
It then examines other countries with a common law tradition
including Hong Kong, Singapore, Japan and Australia. The civil law
systems are highlighted in a number of key trading nations: Italy,
Germany, France and Norway. The book includes chapters on South
Africa as well as the People's Republic of China. It concludes with
a comparative law chapter concentrating on issues that arise in
practice in cargo coverage cases. This chapter also examines how
the Institute Cargo Clauses have been construed by Courts
worldwide. The appendices include the standard cargo policy
insurance terms used in each jurisdiction, some translated for the
first time for this volume, as well as translations of the relevant
statutes and commercial codes, many not available elsewhere.
Illicit Trafficking of Cultural Properties in Arab States provides
a bird's-eye view of the phenomenon of illicit trafficking of
cultural properties and serves as a reference point for
governments, enforcement agencies, international organizations,
stakeholders, and civil societies. It focuses geographically on the
Arab World: the countries in the Middle East, Gulf of Arabia, Horn
of Africa and North Africa. To date a holistic approach to the
topic in this region has been lacking. The book investigates the
nature of illicit trafficking of cultural properties, the means and
impact of illicit activities and crimes perpetrated against
archaeological sites and museums. Through up-to-date information,
grounded on solid research data, it traces the routes of illicit
trafficking and analyzes the actual situation of the targeted
region with an eye on the implementation of the international
conventions. The aim is to investigate possible firm responses to
illicit trafficking and determine the priorities and needs of this
region. The outcomes are visible recommendations on the challenge
of illicit trafficking of cultural properties in the Arab region,
promoting modalities for sharing data and encouraging the review of
legislative and judicial systems and practices connected to illicit
trafficking of cultural properties. Finally, the work encourages
the coordination of stakeholders and the use of technological
advances to fulfil this monumental duty.
This report reflects the changes in the South Asia Subregional
Economic Cooperation (SASEC) Program's operational plan for the
period 2016-2025, in particular on priority projects resulting from
a rigorous vetting process. This involves defining SASEC transport
and energy networks and identifying priority projects based on
preparedness and their roles in filling network gaps. The result is
a more reasonable estimate of funding needs to help meet the SASEC
Program's goals of multimodal connectivity, energy market
development, and increased intraregional and interregional trade.
This technical study examines the state of e-commerce
infrastructure among CAREC countries looking at internet payment
systems, delivery, and logistics infrastructure. Digital trade
promotion has been a long-standing priority for member countries of
the Central Asia Regional Economic Cooperation (CAREC) Program to
support their integration into global value chains and economic
diversification. The study underscores the importance of enabling
legislation, digital literacy, and creation of trust. Comprehensive
strategy; adequate data for policy making; and support for
e-commerce ecosystems, industry associations, and start-ups could
nurture e-commerce markets. In addition, CAREC countries must
leverage international and regional initiatives to expand domestic
and cross-border e-commerce and promote digital trade.
The dispute settlement regime in the UN Convention on the Law of
the Sea (UNCLOS) has been in operation for well over twenty years
with a steadily increasing number of important cases. This
significant body of case law has meaningfully contributed to the
development of the so-called 'constitution of the oceans'. Judging
the Law of the Sea focusses on how Judges interpret and apply
UNCLOS and it explores how these cases are shaping the law of the
sea. The role of the Judge is central to this book's analysis. The
authors consider the role of UNCLOS Judges by engaging in an
intensive study of the their decisions to date and assessing how
those decisions have influenced and will continue to influence the
law of the sea in the future. As the case law under UNCLOS is less
extensive than some other areas of compulsory jurisdiction like
trade and investment, the phenomenon of dispute settlement under
UNCLOS is under-studied by comparison. Cases have not only refined
the parameters for the exercise of compulsory jurisdiction under
the Convention, but also contributed to the interpretation and
application of substantive rights and obligations in the law of the
sea. In relation to jurisdiction, there is important guidance on
what disputes are likely to be subjected to binding third-party
dispute resolution, which is a critical consideration for a treaty
attracting almost 170 parties. Judging the Law of the Sea brings
together an analysis of all the case law to the present day while
acknowledging the complex factors that are inherent to the judicial
decision-making process. It also engages with the diverse facets
that continue to influence the process: who the Judges are, what
they do, and what their roles might or should be. To capture the
complex decision matrix, the authors explore the possible
application of stakeholder identification theory to explain who and
what counts in the decision-making process.
P&I Clubs Law and Practice 4th edition is a detailed but
easy-to-follow account of the constitution, workings and daily
practice of mutual and indemnity clubs. Designed to be a practical
reference source for anyone who is in any way involved with mutual
insurance, it offers comprehensive guidance on the complex area of
P&I Clubs. Product Description The new 4th edition has been
fully revised and updated since the last edition was written in
1999. New areas emphasised in the 4th edition include: Piracy
Charterers liability insurance Defence Cover Disputes concerning
the Inter-Club Agreement Enforceability of arbitration agreements
in the Clubs Rules. The Clubs obligation to, (i) make direct
payments under certificates, (ii) pay death/personal injury claims
in the event of a Members insolvency, and (iii) responsibility for
indivisible personal injury claims. It also covers recent major
legislative and related developments such as (i) the entry into
force of the Bunker Con
The ASEAN+3 Bond Market Guide: Exchange Bond Market in the People's
Republic of China is an outcome of the strong support and kind
contributions of ASEAN+3 Bond Market Forum members and experts,
particularly those from the country. It is part of the ASEAN+3 Bond
Market Guide series which provides country-specific information on
the investment climate, rules, laws, opportunities, and
characteristics of local bond markets in Asia and the Pacific. It
aims to help bond market issuers, investors, and financial
intermediaries understand the local context and encourage greater
participation in the region's rapidly developing bond markets.
The potential use of space for military purposes has, since the end
of the Second World War, been intrinsically linked to the
development of space technology and space flight. The political
relevance of outer space continues to be recognised by nations,
particularly the strategic benefit of Earth observation from outer
space as a national security tool. However, the dual-use potential
of many space applications increasingly blurs the distinction
between the military and non-military uses of space. In fact, many
States have openly declared their willingness to protect their
space assets by military means and some have even described outer
space as a war-fighting domain. Non-State entities are becoming
more and more involved in outer space activities, including the use
of satellites for navigation purposes, the transportation of
supplies to the International Space Station and the offering of
tourist flights into outer space. Private operators have
significantly increased activity in the launch of satellites and in
2021 no less than three private space companies (Virgin Galactic,
Blue Origin and SpaceX) conducted successful space tourist flights.
Today in all space-faring countries, the space industry contributes
to national GDP and supports the labour force. It also serves as a
catalyst for technological advancement and productivity growth, and
has become an integral part of the day-to-day lives of people
around the world. Consequently, the socio-economic benefits of
space technology (in particular satellite technology) have made the
development of space programmes an increasing necessity for
developing States. Outer space has become a congested environment.
The involvement of private actors, specifically, has given rise to
a number of legal issues, including questions pertaining to
liability, insurance, space debris, human rights and property
rights in space. To address these legal uncertainties, the existing
chapters in the second edition of Outer Space Law: Legal Policy and
Practice have been updated significantly and several new chapters
have been added dealing with topical issues including: the
regulation of satellite navigation systems, and satellite
constellations; the application of human rights in outer space
settlements; the exploration and colonisation of outer space; and
planetary protection. The second edition of Outer Space Law: Legal
Policy and Practice remains aimed at readers looking for a single
title to understand the key issues relevant to the space sector, by
also emphasising the practical application of those issues. The
book will be specifically relevant to legal practitioners,
academics and State departments primarily working in the space
arena, as well as to those in other related sectors such as IT and
media, insurance and political science. Edited by Yanal Abul
Failat, lawyer at the international law firm Fasken, and Professor
Anel Ferreira-Snyman, a professor of law specialising in
international space law at the University of South Africa, the book
includes contributions by leading experts from space agencies,
space venturers, lawyers, economists, insurers, academics and
financiers.
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