The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. The volume examines how the IMO, with 171 Member States and 3 Associated Members, has and continues to promote the goals of safe, secure, sound, and efficient shipping on clean oceans. It studies the interface and interaction between UNCLOS and IMO instruments and how IMOs safety, security, and environmental protection conventions have contributed to global ocean governance, including the peaceful order of the polar regions.

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. This volume focuses on the role of UN as the central intergovernmental organization responsible for global ocean governance. It examines the ocean governance challenges and how the present legal, policy, and institutional frameworks of the UN have addressed these challenges. It identifies the strengths and weaknesses of UN legal structures and offers tangible proposals to realize the ambition of a global ocean governance system.

The United States and Canada are salt water neighbors on the Atlantic, Pacific and Arctic Oceans. Despite the general closeness of the political, economic and social relationship, the two States have approached their offshore areas from different perspectives. Canada has long supported expansion of exclusive national control over its adjacent offshore; whereas the United States has been concerned with the balance between national authority and international navigation rights. Canada has tended to view maritime disputes with the United States as local matters; whereas the United States has tended to see the disputes with Canada in global terms.
Against this background, Salt Water Neighbor's examines both the international ocean law disagreements that exist between the United States and Canada respecting maritime boundaries, fisheries and navigation rights (e.g., the Northwest Passage) and the numerous cooperative bilateral arrangements that have prevented these disputes from being significant causes of friction between the neighbors. There has not been a comprehensive book-length study of United States-Canada international ocean relations since the early 1970s. Much has changed in the last 30 years. Most importantly, the law and the nature of the disputes between the two States have changed as a result of the adoption of 200 nautical mile zones in the late 1970s.

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.

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.

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.

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.

For the first time, this unique text brings together all private international maritime law conventions alongside expert commentary and analysis. Truly global in approach, the book covers each of the nineteen conventions currently in force, all scrutinised by this internationally-acclaimed author. It also examines important maritime conventions not yet in force, including the topical Rotterdam Rules. Split into three convenient volumes, this comprehensive resource provides a thorough treatment of both wet and dry shipping treaties, combining breadth of coverage with depth of analysis. In this first volume, the author covers conventions dealing with the Carriage of Goods and Passengers by Sea, in particular: - International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924 and its Protocol of 1968 and 1979 (Hague-Visby Rules) - United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules) - United Nations Convention on the International Carriage of Goods wholly or Partly by Sea, 2008 (Rotterdam Rules) - Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 as amended by its Protocol of 2002 (Athens Convention) This book is an indispensable reference for maritime lawyers, academics and students of maritime law worldwide.

This book explains the definition, concepts, practices and procedures of Free Zone operations; how they are created, how they operate, and their benefits to the global and national economy. Readers will be able to understand why Free Zones exist, their role in the development and maintenance of international trade, and how they contribute to national and global economic development and wellbeing, especially in developing nations. The author explains the processes in the establishment of Free Zones, and how government legislation and initiatives assist in this process. The book comprehensively but accessibly covers the topics of Freeports, Free Zones, Export Processing Zones (EPZs) and Special Economoic Zones (SEZs), as well as issues such as Customs requirements, Free Zone law and government initiatives, including the new UK Freeport initiative. It analyses the role of such Zones in global economic development and considers the challenges and issues related to Free Zone development and operation, including security and potential crime. The book also provides a series of case studies into selected global examples of Free Zones, EPZs and SEZs. Freeports and Free Zones will have a broad readership, being of interest to global economic, fiscal and government institutions, policymakers, legal practitioners and advisers, economic and business advisers, port and airport authorities and major multinational enterprises. It will be especially relevant to the food, automotive, defence, manufacturing, logistics, Fast Moving Consumer Goods (FMCG), pharmaceutical, aviation and maritime industries.

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.

Laytime and Demurrage is the leading authority for all queries pertaining to this vital aspect of maritime law. It has continued to offer reliable, authoritative, and in-depth analysis since the first edition published in 1986. Praised for its unrivalled coverage and lucid writing style, this book provides a comprehensive overview of all aspects of laytime and demurrage, tracing the development of the law from its origins in the nineteenth century right up to the present day. The author delivers an in-depth analysis of both fixed and customary laytime clauses, the rules relating to commencement of laytime in berth, dock and port charters, and discusses under which circumstances laytime can be suspended. Furthermore, it analyses demurrage rules and vital issues such as despatch, detention and frustration. This eighth edition includes all key judicial and arbitral decisions reported since the seventh edition published in 2016. It also covers suffixes in connection with laytime measured in terms of Working days and Weather Working Days, and disputes arising from tender of NORs at the end of the sea passage. Laytime and Demurrage is an invaluable guide for both legal practitioners and maritime professionals worldwide, including commodity traders and brokers, shipping companies, P&I Clubs, shipowners, charterers, and arbitrators.

Models of Integrity examines the relationship between contemporary art and the law through the lens of integrity. In the 1960s, artists began to engage conspicuously with legal ideas, rituals, and documents. The law-a primary institution subject to intense moral and political scrutiny-was a widely recognized source of authority to audiences inside the art world and out. Artists frequently engaged with the law in ways that signaled a recuperation of the integrity that they believed had been compromised by the very institutions entrusted with establishing standards of just conduct. These artists sought to convey the social purpose of an artwork without overstating its political impact and without losing sight of how aesthetic decisions compel audiences to see their everyday world differently. Addressing the role that law plays in enabling artworks to function as social and political forces, this important book fills a gap in the field of law and the humanities, and will serve as a practical "how-to" for contemporary artists.

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.

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.

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.

In Maritime Power and the Law of the Sea: Expeditionary Operations in World Politics, Commander James Kraska analyzes the evolving rules governing freedom of the seas and their impact on expeditionary operations in the littoral, near-shore coastal zone. Coastal state practice and international law are developing in ways that restrict naval access to the littorals and associated coastal communities and inshore regions that have become the fulcrum of world geopolitics. Consequently, the ability of naval forces to project expeditionary power throughout semi-enclosed seas, exclusive economic zones (EEZs) and along the important sea-shore interface is diminishing and, as a result, limiting strategic access and freedom of action where it is most needed.
Commander Kraska describes how control of the global commons, coupled with new approaches to sea power and expeditionary force projection, has given the United States and its allies the ability to assert overwhelming sea power to nearly any area of the globe. But as the law of the sea gravitates away from a classic liberal order of the oceans, naval forces are finding it more challenging to accomplish the spectrum of maritime missions in the coastal littorals, including forward presence, power projection, deterrence, humanitarian assistance and sea control. The developing legal order of the oceans fuses diplomacy, strategy and international law to directly challenge unimpeded access to coastal areas, with profound implications for American grand strategy and world politics.

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.

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."

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.