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.

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).

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.

Seasoned businesspeople, especially those engaged in international business, are keenly aware of the fact that no matter how pleasant their pre-arrangement business courtship has been post-arrangement disputes may occur. While some disputes may be settled amicably, other resolutions leave the parties unsatisfied due to prolonged and costly litigation. Dr. Arthur J. Gemmell asserts that an understanding of the international arbitral system will enrich and sustain business while serving as a viable avenue for commercial dispute resolution. To explore the arbitral system, Dr. Gemmell uses the Chinese and Western arbitral systems, past and present, in order to understand what can be accomplished from their examples and errors. The term 'arbitral chain' refers to the linkage of one arbitral era to another. It is as essential term in the understanding of how successive eras built or modified the standards of arbitration on what had worked in the past.

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.

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.

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.

In this interactive, student-centered guide, Anthony S. Winer and Mary Ann E. Archer provide a comprehensive introduction and analysis of research methods for Public International Law. A Basic Course in Public International Law Research promotes effective research practices that stem from an understanding of the tenets of International Law. This dynamic text offers in-depth analysis of such topics as the U.N. principal organs, the International Court of Justice, and the law of treaties; and includes copies of key international law documents, including the U.N. Charter and the Vienna Convention on the Law of Treaties. Complete with background essays, exercises, and analysis of both print and electronic resources, A Basic Course in Public International Law Research is ideal for both undergraduate and graduate law courses, as well as courses in International Relations and International Political Science.

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.

This updated edition includes an examination of force majeure in French law, the drafting of force majeure clauses, its usage in shipbuilding contracts, and the application of commercial impracticality under article 2-165 of the Uniform Commercial Code.

The most current text available on the international and U.S. law of the sea, this much-needed reference is built around the 1982 United Nations Convention on the Law of the Sea and other relevant maritime materials. While it addresses all aspects of ocean usage, much emphasis has been placed on issues of contemporary importance such as international fisheries, maritime boundaries, and deep seabed mining. The first part introduces traditional zones of jurisdiction and doctrine such as inland waters, territorial seas, or high seas, as well as some new concepts related to navigation: the regimes of international straits and archipelagic waters and exclusive economic zones. The latter part analyzes functional issues such as fishing, oil and gas exploitation, mining, scientific research, and maritime pollution, referring on each subject to the U.S. law for comparison.

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"

From the time it was first published in 1998, Shipping and the Environment has been the leading text on international and US law and practice in this field. Written by renowned legal and insurance practitioners with over 100 years of combined specialist experience, including first-hand knowledge of many major incidents, it is not only a comprehensive reference work but an abundant source of introductory material and practical insights, all explained with a clarity appreciated by lawyers and non-lawyers alike in a broad international readership. While updating its core subjects of pollution from ships, wreck removal and dumping at sea, this enlarged text extends into other modern areas including pollution from offshore operations after Deepwater Horizon, plastics released into the sea, recycling of vessels, polar operations, and the fast-changing restrictions on carbon emissions from ships, as well as safety threats such as cyberattacks, terrorism and modern forms of piracy. With a highly readable introductory chapter amounting to a book within a book, this is a volume of great importance to all whose work or studies are concerned with marine environmental affairs, whether in government, international bodies, industry, technical organizations, the professions, environmental NGOs, the academic world or other walks of life.

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.

- A unique guide, based on several decades' successful experience pursuing claims for fresh produce importers and exporters. - Provides lawyers with detailed insight into what they need from their clients in order to progress their claims. - Enables underwriters to better envisage their clients' risks when drafting policy cover and considering subsequent recoveries following claim settlements. - A detailed guide for shippers and Importers to enable them to both best protect their Interests when suffering losses and to best position themselves for successful claims.

The book is concerned with the harmonisation of maritime safety legal systems in Europe. It describes maritime safety legal systems in selected European countries as well as maritime safety issues from the perspective of the International Maritime Organisation, European Union, and European Free Trade Association. Distinguished scholars from Europe's leading maritime law academic centres present national perspectives of maritime safety systems, questioning whether the adopted national solutions guarantee the compatibility with IMO and EU legal regime, as well as assessing the global and EU system. Moreover, the book seeks to provide some answers as to whether the IMO goals on maritime safety are adequate in light of current safety challenges and how to achieve higher level of enforcement of internationally-recognised maritime safety standards. It will be of great assistance to those readers who need to familiarize themselves with current problems inherent in maritime safety, whether that be lawyers, scholars, professional mariners, or national institutions.

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.