The international nature of the maritime industry means that ships are subject to the varying legal jurisdictions of the ports in which they call. Law and policy provide a framework necessary for establishing order and harmonization in a highly regulated global industry; they are vital instruments for promoting the safety, security, and commercial efficiency of shipping as well as the protection of the marine environment, in an atmosphere of competing national-contra-global as well as private-contra-public interests. Furthermore, it is of great importance that the legal and policy aspects of maritime activities closely follow the rapid pace of technological and commercial developments. Students and practitioners in maritime law and policy need to be constantly familiar with trends in the shipping industry and possess a solid comprehension of the international legal regimes that not only encourage the sustainable development of global maritime commerce, but also regulate its conduct. This book is a collection of essays dedicated to Professor Proshanto Kumar "PK" Mukherjee, one of the leading lights in the area of maritime law and policy. It presents a mix of background information and insightful analysis by leading experts on a wide range of some of the most pressing and contemporary maritime law and policy topics -- ranging from the development of maritime standards (Mbiah) to the challenges of operating flags of convenience (Mensah), from the latest convention on the international carriage of goods by sea (Basu Bal) to liability and compensation issues related to ship-source marine pollution (Jacobsson, Xu, Kojima), from the intricacies of marine insurance law (Thomas, Gauci) to the vagaries of the conflict of laws (Manolis), and from the legal framework for maritime piracy (Menefee) to the linkages between political stability, economic development, and piracy (Mejia).

Estado de derecho, crecimiento econmico y prosperidad Informe elaborado por el Grupo de Trabajo sobre el Estado de Derecho de la Americas Society y del Council of the Americas. El respeto del estado de derecho es un requisito bsico para fomentar el desarrollo comercial y generar un crecimiento econmico estable y de amplio alcance. Brinda a los emprendedores y pequeos empresarios la confianza para ingresar en la economa formal y es esencial para el desarrollo de todo un pas. Por esa razn, durante los dos ultimos aos, la Americas Society y el Council of the Americas reunieron representantes del sector privado, abogados en ejercicio, acadmicos y representantes de organizaciones no gubernamentales para analizar las reformas y los pasos a seguir con el fin de mejorar el estado de derecho en todo el hemisferio. Reunindose en Nueva York, Washington, San Pablo y ciudad de Mxico, el grupo de trabajo consider cuatro aspectos del estado de derecho que son indispensables para lograr un crecimiento de vasto alcance: .La administracin de justicia; .El marco regulatorio para negocios e inversiones; .El uso de mtodos alternativos de resolucin de conflictos y el cumplimiento de contratos (incluyendo la cancelacin de crditos en procedimientos concursales); y .La proteccin de los derechos sobre bienes tangibles y de propiedad intelectual. Bajo la direccin de Antonia Stolper y Mark Walker-ambos expertos legales de Amrica Latina-esta iniciativa y el informe de trabajo sirven como dilogo permanente con sus interlocutores en las Amricas. Mejorar el estado de derecho exige un enfoque multi-factico que es factible de lograr si se cuenta con un compromiso y apoyo ms amplios.

This book addresses all the major questions and issues that arise in connection with time charterparties, examining them in a logical manner, progressively tracing the subject from the creation to the termination of the contract. All the salient and central legal aspects of time charterparties are examined, with the law analyzed in its commercial context, particularly in relation to the various ways in which time charterparties may be used in shipping and international trade. Contents include: the BIMCO (Baltic and International Maritime Council) experience construing terms in time charterparties ascertaining the charter period safe ports and places seaworthiness and the "Hong Kong Fir" decision indemnities in time charters hire, off-hire, and contractual remedies assignees of hire time charterparties and bills of lading clauses paramount in time charters war, terror, piracy, and frustration in a time charter context termination rights under time charters cargo

Though the historical occurrence of maritime terrorist attacks has been limited, maritime vessels and facilities may nevertheless be vulnerable to attack, with the potential for very significant consequences in the form of mass casualties, severe property damage, and disruption of commerce. This book explores maritime terrorism threats, vulnerabilities, and consequences, as well as the application of civil liability.

In 1996, Congress enacted comprehensive reform of the nation's statutory and regulatory framework for telecommunications by passing the Telecommunications Act, which substantially amended the 1934 Communications Act. The general objective of the 1996 Act was to open up markets to competition by removing unnecessary regulatory barriers to entry. At that time, the industry was characterised by service-specific networks that did not compete with one another: circuit-switched networks provided telephone service and coaxial cable networks provided cable service. The act created distinct regulatory regimes for these service-specific telephone networks and cable networks that included provisions intended to foster competition from new entrants that used network architectures and technologies similar to those of the incumbents. This 'intramodal' competition has proved very limited. But the deployment of digital technologies in these previously distinct networks has led to market convergence and 'intermodal' competition, as telephone, cable, and even wireless networks increasingly are able to offer voice, data, and video services over a single broadband platform. There is consensus that the current statutory framework is not effective in the current market environment, but not on how to modify it. The debate focuses on how to foster investment, innovation, and competition in both the physical broadband network and in the applications that ride over that network while also meeting the many non-economic objectives of U.S. telecommunications policy: universal service, homeland security, public safety, diversity of voices, localism, consumer protection, etc. This book explores these issues and includes the act in its entirety.

Este estudio aborda el desarrollo historico e ideologico del Derecho Penal Internacional, que es aquella disciplina que regula las siguientes materias: la determinacion de los delitos internacionales y el establecimiento de los tribunales oportunos para castigar a los culpables. La obra parte de pensadores y juristas como Lieber, George Washington Williams, Moyner o Lemkin, pasa por las Guerras Mundiales, Vietnam, las dictaduras militares argentina y chilena, los conflictos de Yugoslavia, Ruanda y Sierra Leona, y llega a la Corte Penal Internacional de Roma.

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.

Now it its second edition, The Law of Yachts and Yachting is a comprehensive treatise on the law relating to yachts and provides its readers with a thorough analysis of maritime law as relevant to the superyacht sector. Written by a team of leading yachting practitioners and researchers, it covers the legal issues arising during the life of a yacht. The book is written for the legal practitioner, yacht-broker and manager concerned with the operation of professionally crewed yachts including financing, registration, chartering, insurance, compliance and casualty management. Key Features - *The only practitioners' book on the area *It covers all major aspects of yachting law in a single book *The Law of Yachts and Yachting is highly comprehensive - despite its main focus on contract and tort law, it contains references to public law and international law and practice *References to case law, English, foreign and international *Appendices containing essential source materials The second edition will cover important changes in the superyacht industry such as: the new MYBA Charter Form 2017, the Large Yacht Code (LY3) and the Passenger Yacht Code, both shortly to be consolidated into the new REG-YC, and the coming into force of the Maritime Labour Convention 2006, to name just a few.

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:

• Detailed insight into contemporary legal issues concerning offshore contracts, including Supplytime and Heavycon
• In-depth analysis of the current liability regimes with clear reference to contemporary industry practice
• Thorough examination of the current state of the law from national, regional and international perspectives
• Up-to-date coverage of hot topics such as liability for offshore installations, knock-for knock agreements in offshore contracts and recently-developed new standard forms, such as Windtime.

This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide"

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance. The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of 'forum shopping' when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel. This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers

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.

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:

• International Convention for the unification of Certain Rules of Law with respect to Collision between Vessels, 1910
• International Convention on certain Rules Concerning Civil Jurisdiction in Matters of Collision, 1952
• International Convention for the Unification of Certain Rules Relating to Penal Jurisdiction in Matters of Collision or Other Incidents of Navigation, 1952
• International Convention for the Unification of Certain Rules of Law Relating to Assistance and Salvage at Sea, 1910
• International Convention on Salvage, 1989
• International Convention for the Unification of Certain Rules Relating to Maritime Liens and Mortgages, 1926
• International Convention on Maritime Liens and Mortgages 1993
• International Convention relating to the Arrest of Sea-Going Ships, 1952
• International Convention on Arrest of Ships, 1999
• International Convention Relating to the Limitation of Liability of Owners of Sea-Going Ships, 1957 and Protocol of 21 December 1979
• International Convention on Limitation of Liability for Maritime Claims, 1976 and Protocol of 1996

This book is an indispensable reference for maritime lawyers, academics and students of maritime law worldwide."

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).