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Books > Law > International law > Public international law > International law of transport & communications
Written by a team of top academics and highly-experienced legal practitioners, this book offers a comprehensive, well-informed and thoroughly practical guide on what is a very complex area of law. It firstly provides a critical analysis of contemporary legal issues concerning offshore contracts, before going on to deliver an in-depth analysis of the numerous liability regimes inherently connected to offshore operations. Key features of Offshore Contracts and Liabilities:
This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide"
Admiralty Jurisdiction and Practice is the definitive work on litigation in the Admiralty Court. It provides unrivalled commentary and analysis of the key principles of admiralty law, from jurisdiction and procedure to forms and precedents, and is firmly established as the leading reference guide for today's maritime practitioner. The authors also deal with several topics not covered elsewhere, including the impact of insolvency, the interplay between jurisdiction and practice, limitation periods, the role of international conventions, and collision action rules. The fifth edition has been fully updated to include new case law and vital changes in Commercial Court practice and procedure. It also includes brand new material on the topical jurisdictions of Hong Kong and South Africa, including a comparison to English law and expert commentary on important issues such as ship arrest. This book is a first choice for all those concerned with admiralty law.
Now in its fourth edition, this book provides detailed and practical guidance on how London Maritime Arbitration works in practice, against the background of English arbitration law and the Arbitration Act 1996. This unique title is the only book on the market that offers a practical focus on maritime disputes, while also providing a clear exposition of general principles of English arbitration law, with discussion and analysis of applicable legislation and case law. Arbitration practitioners will find everything that they need in one comprehensive book. New to this edition: Guidance on the new LMAA Terms 2017 against the background of English arbitration law, including the Arbitration Act 1996. Fully updated case law and analysis of legal developments, including Brexit. Comparative references to ad hoc and LCIA arbitration. New section on salvage arbitration, Brexit, third party funding. Summaries comparing alternative jurisdictions including Singapore, Hong Kong, Hamburg and New York This book will be invaluable to maritime arbitration practitioners both in private practice and in-house, as well as maritime professionals, such as those working at P&I Clubs, brokers, ship owners, managers and charterers; and more generally to anybody concerned with London arbitration.
A comprehensive treatment of Chinese maritime law and judicial practice, this book covers both substantive law and procedure law of maritime law in mainland China. This is a professional book for both academics and practitioners in the field of maritime law. Including analysis of and comment on judicial practice from the Supreme People's Court, Higher People's Courts and ten maritime courts, as well as a whitepaper of Chinese maritime adjudication for 30 years (1984-2014), this brings to an English-speaking audience for the first time some of the most technical aspects of maritime law. It is therefore an invaluable resource for all those interested in maritime law in China.
This collection analyses the regulatory aspects of harmful interference faced by those entities operating space communication and broadcasting. While technology reacts to this international phenomenon with the development of continuously improving technological systems for preventing and combating harmful interference, its international regulatory and legal framework develops at a much slower pace. Issues discussed include the increasing deterioration of signals from broadcasting and communication satellites, including cases of intentional interference known as `jamming'; the human rights balance between freedom of expression and protection from hate speech; the efficacy of the current regulatory system and the legal consequences of non-compliance; the role of national authorities, and supranational bodies such as the EU and UN. The contributors include experts drawn from international and national academia, the ITU, national regulatory authorities and operators to present an international, multidimensional, and critical analysis of this complex phenomenon.
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 fully ratified, including the topical Rotterdam Rules. This comprehensive resource provides a thorough treatment of both wet and dry shipping treaties, combining breadth of coverage with depth of analysis. In this second volume, the author covers the key conventions dealing with collision, salvage, maritime liens and mortgages, arrest of ships, and limitation of liability. In particular, the author covers:
This book is an indispensable reference for maritime lawyers, academics and students of maritime law worldwide."
This unique title examines in depth issues of jurisdiction, maritime law and practice from a modern perspective and highlights the importance of risk management with a view to avoiding pitfalls in litigation or arbitration and minimising exposure to liabilities. The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities. The book continues to provide succinct analysis of the key principles and precedents of maritime law, a detailed account of important decisions, and incorporates developments in regulation, Codes of good practice and international Conventions. The first volume tackles a wealth of complex jurisdictional aspects, ranging from the enforcement of maritime claims to a detailed analysis of the conditions of arrest of ships, including reconsideration of wrongful arrest, beneficial ownership, forum non-convenience and limitations upon the jurisdiction of the English courts. Key features of Volume One: Expert analysis of the very latest case law, including noteworthy cases in international jurisdictions Highlights important recent changes and developments in: piercing the corporate veil - State immunity conflict of laws and jurisdictions stay of proceedings for breach of jurisdiction or arbitration agreements issues arising from tiered dispute resolution clauses anti-suit injunctions Timely examination of the EU jurisdiction scheme and the Review of the Brussels I Regulation New Chapter on Freezing Injunctions as compared with the US Rule B Attachment This book serves as an invaluable reference for lawyers, academics, and a host of shipping and risk management professionals worldwide. Purchase Volumes 1 and 2 of the Modern Maritime Law together for a reduced price at http://www.routledge.com/books/details/9780415843201/
Insurance Law and the Financial Ombudsman Service is an in depth look at the workings and insurance decisions of the Financial Ombudsman Service. The book analyses how the Ombudsman Service decides insurance cases and compares its approach to that of a court. This book sets out the rules, procedure and approach of the Ombudsman Service, succinctly summarises the relevant insurance law and compares and analyses it against a comprehensive review of material about insurance complaints gathered since the formation of the Ombudsman Service in 2001.
The Rotterdam Rules will be open for signature on September 23, 2009. These Rules represent the most comprehensive overhaul of the law of carriage of goods by sea in more than 50 years. To coincide with the signing ceremony, six members of the Institute of Maritime Law at the University of Southampton have written this book, a detailed commentary on the Rules. The book carefully examines the text of the Rules, all 96 articles of the new Convention, and compares them to the text of the Hague-Visby Rules, the instrument currently covering most bills of lading. The authors have also examined the judgments in cases decided in the English courts under the Carriage of Goods by Sea Act 1971 and the Carriage of Goods by Sea Act 1992, and have indicated whether these cases would be decided differently under the new Rotterdam Rules. This new addition to the Maritime and Transport Law Library series provides practical and rigorous answers to all the questions regarding cargo claims as they come t
This book focuses upon the complex issues arising out of voyage charterparty contracts, bills of lading, and international sale contracts. It provides an in-depth discussion on key topics such as: the evolving nature of voyage charterparties jurisdiction and choice of law clauses legal issues relating to the preliminary voyage duties of owners with particular reference to seaworthiness cargo obligations of voyage charterers the concept of legally dangerous cargo laytime and demurrage periods and interruptions to each commencement of laytime and notice of readiness laytime and demurrage clauses in international sale contracts bills of lading issued under voyage charters bills of lading under European national laws comparative developments in US law deviation cancellation clauses and repudiatory breach frustration of voyage charters.
Commencement of Laytime is the only in-depth examination and discussion concerning the most important financial aspect of laytime which can affect all voyage charter parties and international contracts for the sale of goods. The information is presented in a style which is readable by ship operators, traders and other lay persons as well as legal professionals.
This fourth edition addresses certain developments, including the 1996 Protocol to the 1976 Limitation Convention, which have come into effect since publication of the previous edition. The chapters on limitation of liability for passenger claims and in relation to the carriage of goods have been updated, as has the chapter on limitation regimes worldwide. The book also focuses upon the practicalities of seeking to limit by reference to case law and procedural rules.
This key work analyses the disputes between Greece and Turkey as to their respective rights in the Aegean Sea, paying particular attention to the claims regarding territorial waters, the continental shelf, and the yet to be declared exclusive maritime zones in the area. While many earlier studies have concentrated on political factors, this study provides an exhaustive analysis of the relevant principles of international law in general and rules and principles of maritime law in particular, identifying the legal principles appropriate to the settlement of the Aegean dispute. With this regard, it makes a detailed examination of all the related aspects of the Aegean Sea and its islands, as well as the legal arguments of Greece and Turkey on the disputes concerned. It also clarifies the prospects for settling the dispute on the basis of international law, either by the two parties involved, or by the intervention of a third party such as the International Court of Justice. As such, it offers an important study of a particular problem, but one that can be used as a case study for other international disagreements.
This text provides an explanation of the responsibilities and liabilities of the shipbroker, both in direct contact with principles and as part of a chain of other brokers. Highlighting legal questions arising from ways in which the broker's business is done, issues addressed in this book include potential legal liabilities as well as common negligence claims. The book also deals with the shipbroker's entitlement to commission and the problems associated with litigation in this area. It is suitable for ship owners, charterers, agents and marine consultants, as well as brokers.
Now in its fifth edition, this authoritative guide covers all of the core aspects of maritime law in one distinct volume. Maritime Law is written by a team of leading academics and practitioners, each expert in their own field. Together, they provide clear, concise and fully up-to-date coverage of topics ranging from bills of lading to arrest of ships, all written in an accessible and engaging style. As English law is heavily relied on throughout the maritime world, this book is grounded in English law whilst continuing to analyse the key international conventions currently in force. Brand new coverage includes: The impact of the European Union (Withdrawal Agreement) Act 2020 which amends the European Union (Withdrawal) Act 2018. Over one hundred new cases from the English courts, the Court of Justice of the European Union and the International Tribunal for the Law of the Sea. Changes to the Merchant Shipping (Registration of Ships) Regulations 1993, including the Merchant Shipping (Registration of Ships) (Amendment) (EU exit) Regulations 2019. Discussion of the Incoterms 2020 which are available for incorporation into sale contracts from 1 January 2020. Updates on litigation and amendments to the Admiralty Civil Procedure Rules. This book is a comprehensive reference source for students, academics and legal practitioners worldwide, especially those new to maritime law or a particular field therein.
Maritime Cross-Border Insolvency is a comprehensive comparative examination of both insolvency regimes (UNCITRAL and EU) in shipping with reference to the main jurisdictions having adopted the UNCITRAL regime, i.e. USA, UK, Greece.
Acclaimed as the standard reference work on the law relating to time charters, this new edition provides a comprehensive treatment of the subject, accessible and useful both to shipping lawyers and to shipowners, charterers, P&I Clubs and other insurers. It provides full coverage of both English and U.S. law, now updated with all the important decisions since the previous edition. The English decisions covered in the new edition include: The Kos (the Supreme Court on the effect of withdrawing a ship with cargo on board); The Athena (nature of off-hire; meaning of 'loss of time'/'time thereby lost'); The Kyla (damage to ship and frustration); The Silver Constellation, The Savina Caylyn and The Rowan (oil company approval of chartered ships); The Captain Stefanos, The Saldanha, The Triton Lark and The Paiwan Wisdom (effects of piracy); The Kildare and The Wren (damages for early termination); The T S Singapore (off-hire where ship going 'towards but not to' the port ordered), and The Lehmann Timber, The Bulk Chile and The Western Moscow (owners' liens) The new edition also features many significant new U.S. decisions, including: Stolt-Nielsen v. Animal Feeds Intl. (Supreme Court rules class-action arbitration not permitted unless parties agree in arbitration agreement); ATHOS I (Circuit Court finds that safe berth provision in charterparty is a warranty and not merely a due diligence obligation); The M/V SAMHO DREAM (arbitrators direct petitioner to post $14.2M security on respondent's counterclaim) and Maroc Fruit Board v. M/V VINSON (CP arbitration clause incorporated in bill of lading not "signed" or "contained in an exchange of letters or telegrams" under NY Convention).
Written by a combination of top academics, industry experts and leading practitioners, this book offers a detailed insight into both unimodal and multimodal carriage of goods. It provides a comprehensive and thoroughly practical guide to the issues that matter today on what is a very complex area of law. From the papers delivered at the 8th International Colloquium organised by Swansea Law School's prestigious Institute of International Shipping and Trade Law, this original work considers current opinions, trends and issues arising from contracts of carriage of goods by sea, land, air, and multi-modal combinations of these, not to mention the legal position of vital participants such as freight forwarders, terminal operators and cargo insurers. The topics under discussion range through issues such as paperwork, piracy, liability for defective containers, damage in transit, the CMR Convention, and the possible effects of the Rotterdam Rules. An indispensable resource for transport lawyers, industry professionals, academics and post-graduate students of maritime law.
A sharp, impeccably informed and thoroughly practical guide to
contemporary and developing issues relating to sea pollution,
prepared by leading academics and practitioners with everyday
hands-on experience. This book homes in on a number of the vital
private law issues compensation, insurance, contract and tort
thrown up by contemporary developments in the law of pollution. The
book also intends to offer a critical analysis on emerging public
law concepts, such as the legal position of seafarers from the
perspective of criminal law in cases of pollution and the impact of
port state control as a pollution control mechanism. As a result,
it is a perfect complement to general works such as Informa's
magisterial Shipping and the Environment, by Colin de la Rue and
Charles Anderson. Pollution at Sea is divided into three parts: 1.
Private law liability regimes
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.
With the Maritime Labour Convention now in force (as of August 2013), the shipping industry is faced with a new international convention that has comprehensive implications across all sectors. This vital text provides timely analysis and thought-provoking essays regarding the Convention's application and enforcement in practice. Hailed as the "Seafarer's Bill of Rights" and the "fourth pillar" of the international regulatory regime for quality shipping, the Maritime Labour Convention is set to significantly alter the playing field for key stakeholders. This book offers diverse and interesting commentary in respect of the Convention's impact on core sectors of the shipping industry, identifying both strengths and weaknesses of the Convention, as well as potential hurdles that will need to be overcome. Each chapter focuses on a different aspect of the Convention, ranging from individual rights of the seafarer to challenges of flag State implementation. Special attention is given to enforcement through examination of the innovative measures provided in the Convention itself, along with discussion of domestic enforcement mechanisms in certain States. Furthermore, the book evaluates whether the Convention has filled existing gaps in maritime labour law, resolved prior difficulties or created new problems. This book expertly addresses issues of fundamental importance to national authorities, shipping professionals and associations, maritime lawyers and academics worldwide. ---In memory of Richard Shaw---
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