Management Development Series No. 23 The message for managers to draw from this volume is that international labour standards need not be viewed as constraints or encroachments on managers in the exercise of their functions, but rather as a helpful source of practical and profitable information and guidance. The volume seeks to make the international labour standards understandable to practising managers by explaining the meaning and aim of international labour Conventions and Recommendations in a number of fields. It covers standards on the recognition of trade unions and other workers' representatives, and on dealing with them through collective bargaining and various forms of consultative and participatory machinery. Attention is also given to the standards which touch on the personnel function and on human resources management, such as recruitment and selection, training, grievance procedures and termination of employment, and to standards on more general conditions of employment, such as wages, hours, leave and holidays, safety, health and the environment of the enterprise.

This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 12th International Colloquium at Swansea Law School in September 2016. 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 charterparties. The book is set out in three parts. -Part I offers a detailed and critical analysis of issues of contemporary importance concerning time charters. -Part 2 carries out a similar analysis with regard to voyage charterparties. -Part 3 deliberates issues common to both type of charterparties. Offering critical analysis of contemporary legal issues on charterparty contracts, this book considers recent legal and practical developments and is therefore essential reading for both professional and academic readers with an interest in charterparties.

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.

Now presented in two convenient volumes, the sixth edition of Berlingieri on Arrest of Ships is an invaluable source of information, detailing the claims in respect of which a ship may be arrested, the conditions for obtaining an order of arrest, the need for a security, the manner by which the ship that has been arrested may be released, the possibility of a multiple arrest and the jurisdiction on the merits. Focused on the 1999 Arrest Convention, volume II provides a unique, thorough, and updated commentary, analysing each provision with reference to its interpretation in a significant number of States Parties. Moreover, the original comments have been reviewed on the basis of the Travaux Preparatoires of the Convention, which the Author has collected and arranged under each article. In addition to this, the Travaux Preparatoires are now included as a new and important appendix to the volume. Written by a renowned expert in the field, and analysing the various conventions relating to the arrest of ships in an article-by-article and paragraph manner, this book is a useful reference tool for practitioners, as well as academics and post-graduate students of maritime law.

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.

Now in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style.

This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including:

It also provides new coverage of the impact of e-commerce on road haulage.

This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.

Media interest in the fates of people at sea has heightened across the last decade. The attacks and the hostage taking of victims by Somali pirates, and the treatment of migrants and asylum seekers in the Mediterranean, ask pressing questions, as does the sinking of the Costa Concordia off the Italian island of Giglio which, one hundred years after the Titanic capsized, reminded the world that, despite modern navigation systems and technology, shipping is still fallible. Do pirates have human rights? Can migrants at sea be turned back to the State from which they have sailed? How can the crews of vessels be protected against inhuman and degrading working and living conditions? And are States liable under international human rights treaties for arresting drug traffickers on the high seas? The first text to comprehensively compare the legal rights of different people at sea, Irini Papanicolopulu's timely text argues that there is an overarching duty of the state to protect people at sea and adopt all necessary acts with a view towards ensuring enjoyment of their rights. Rather than being in doubt, she reveals that the emerging law in this area is watertight.

This book is based on papers presented at the Sixth International Colloquium in September 2009, organized by the Institute of International Shipping and Trade at Swansea University. The 16 contributions have been written by a team of international experts who collectively submit the newly proposed Rotterdam Rules to a sustained, penetrative, and comprehensive analysis. The UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea 2009 - from which the Rotterdam Rules derive - potentially represents a development of unparalleled significance in the field of unimodal carriage of goods by sea and multimodal transport with a sea leg. The scale of the Rules is staggeringly wide, as also are their detail and complexity, and coming to a full understanding of the provisions and implications of the Rules represents a challenge even to those experienced in the law and practice of commercial shipping. The book examines virtually all aspects of the Rules and provid

Chapter 1 examines the implementation of certain Coast Guard programs, including those involving performance monitoring, the Services Capital Investment Plan, and commercial fishing vessel safety. Chapter 2 discusses Coast Guard and maritime transportation programs. Chapter 3 reviews the fiscal year 2019 budget request for the Coast Guard and maritime transportation programs.

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."

During the Iran-Iraq war, hundreds of merchant vessels were attacked, more than 400 seamen killed and millions of dollars' worth of damages were suffered by owners, charterers and insurers. In the most sustained assault on merchant shipping since the Second World War, the control of shipping routes, destruction of enemy and enemy-allied ships, and the protection of oil exports, were key objectives.
These campaigns touched the economic and security interests of the Gulf states by threatening their exports and highlighting their political and military vulnerability. The ripples of the tanker wars extended well beyond the region with attacks on vessels with foreign flags which invoked international concern and drew in foreign naval forces.

Unmanned aerial systems (UAS) are aircraft that do not carry a pilot aboard, but instead operate on pre-programmed routes or are manually controlled by following commands from pilot-operated ground control stations. Unauthorised UAS operations have, in some instances, compromised safety. The Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 directed FAA to take actions to safely integrate UASs into the national airspace. In response, FAA developed a phased approach to facilitate integration and established test sites among other things. This book addresses the status of FAA's progress toward safe integration of UASs into the national airspace; research and development support from FAA's test sites and other resources; and how other countries have progressed toward UAS integration into their airspace for commercial purposes.

In February 2015, the Federal Communications Commission (FCC) adopted an order that will impose rules governing the management of Internet traffic as it passes over broadband Internet access services (BIAS), whether those services are fixed or wireless. The rules are commonly known as "net neutrality" rules. The order was released in March 2015. According to the order, the rules ban the blocking of legal content, forbid paid prioritisation of affiliated or proprietary content, and prohibit the throttling of legal content by broadband Internet access service providers (BIAS providers). The rules are subject to reasonable network management, as that term is defined by the FCC. This book discusses selected legal issues raised by FCC's 2015 open internet order, and examines the net neutrality debate.

This book will be the first English on space law written by a Chinese scholar. With the rapid development of space activities in China, many space scientist and lawyers are keen to know Chinese Legal views on policies and laws on space activities. The book discusses new development of space law in view of the rapid development of space commercial activities from a Chinese legal perspective. The topics selected in the book reflect the author's teaching and research in space law at four different universities: Leiden University, Erasmus University Rotterdam, City University of Hong Kong and the University of Hong Kong. Six areas of space law issues have been selected: property rights, space registration and liability regime, launching services, telecommunications services, national space legislation and international space co-operation. All the topics are closely related to current Chinese space legislation and practice. When dealing with the above six issues, the author will first briefly discuss the current rules and practice at the international level, followed by in-depth analysis of Chinese situation. This will be a unique book. Those who are researching on space law and/or in charge of formulating national space policy will be especially interested in the elaboration of Chinese attitude toward space commercialisation and of the current Chinese space policies and laws.

The Crisis behind the Euro-Crisis encourages dialogue among scholars across the social sciences in an attempt to challenge the narrative that regarded the Euro-crisis as an exceptional event. It is suggested instead that the Euro-crisis, along with the subsequent crises the EU has come to face, was merely symptomatic of deeper systemic cracks. This book's aim is to uncover that hidden systemic crisis - the 'crisis behind the Euro-crisis'. Under this reading it emerges that what needs to be questioned is not only the allegedly purely economic character of the Euro-crisis, but, more fundamentally, its very classification as an 'emergency'. Instead, the Euro-crisis needs to be regarded as expressive of a chronic, dysfunctional, but 'normal' condition of the EU. By following this line of analysis, this book illuminates not only the causes of contemporary turbulences in the European project, but perhaps the 'true' nature of the EU itself.

Free expression is under threat. Social media and "fake news," misinformation, and disinformation have prompted governments to propose new forms of regulation that are deeply challenging to free expression. Hate speech, far-right populism, campus speech debates, and censorship consistently make headlines in Canada and abroad. Dilemmas of Free Expression offers forward-looking appraisals of ways to confront challenging moral issues, policy problems, and controversies that pay heed to the fundamental right to free expression. The essays in this volume offer timely analyses of the law, policy, and philosophical challenges, and social repercussions to our understanding of expressive freedom in relation to government obligations and public discourse. Free expression and its limits are multifaceted, deeply complex, inherently values-based, and central to the ability of a society to function. Dilemmas of Free Expression addresses the challenges of limiting free expression across a host of issues through an analyses by leading and emerging voices in a number of disciplines, including political science, law, philosophy, and Indigenous studies.

AI and people do not compete on a level-playing field. Self-driving vehicles may be safer than human drivers, but laws often penalize such technology. People may provide superior customer service, but businesses are automating to reduce their taxes. AI may innovate more effectively, but an antiquated legal framework constrains inventive AI. In The Reasonable Robot, Ryan Abbott argues that the law should not discriminate between AI and human behavior and proposes a new legal principle that will ultimately improve human well-being. This work should be read by anyone interested in the rapidly evolving relationship between AI and the law.

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.

This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism. This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK). The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together. The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.

On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea.

International commercial contracts in the context of increasing globalization of the national markets have posed some of the most difficult questions of the legal theory as developed since the emergence of nation states; those are, whether it is possible or desirable to allow international commercial contracts to be governed by the law merchant or, in its medieval name, lex mercatoria, a body of rules which has not been derived from the will of sovereign states, but mainly from transnational trade usages and practices, and to what extent those rules should govern transnational transactions. The traditional approach of legal positivism to the questions maintains that law governing contracts containing a foreign element should be a national law which will be determined according to choice of law rules. However, the particularities of cross border trade yield unsatisfactory results when the rules essentially designed for the settlement of domestic disputes or national laws pertaining to international economic relations, but developed under the influence of a certain legal tradition, are tried to be applied. New solutions are needed to overcome the special problems of international trade between merchants from different legal systems. In that regard, while the international commercial arbitration which has been freed from the constraints of the domestic laws is an important step, the courts generally applying the principle of party autonomy which allows parties to designate the law that will apply to their transactions have proved insufficient due to the positivistic influence on the conflict of laws rules of most countries which has limited parties' choice of law to the national substantive laws. The problems created by those inconsistencies and divergences have been felt more strongly in the European Community which constitutes an internal market by integrating the national markets of Member States into a single one. The present paper is an attempt to search for answers to those questions with a special emphasis on the situation in the European Community on the basis of the idea that law as a servant of social need must take account of the far reaching and dramatic socio-economic changes.