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Books > Law > International law > Public international law > International law of transport & communications > International maritime law
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. Written by leading scholar Paul Todd, this Advanced
Introduction draws on the author's decades of experience
researching and teaching maritime law, offering a clear and concise
introduction to the core areas of the field. In addition to
providing a primer on the substance, it explains the worldwide
applications of English law, and surveys the sources of law and how
to locate them. It also highlights some of the difficulties in
interpreting the law and pinpoints which individuals have been
instrumental in doing so, and in making and developing the law. Key
features include: broad but concise coverage of international
sales, carriage of goods by sea, marine insurance and admiralty law
the provision of references and citations for further study
exploration of the recent and likely future developments for the
field. The Advanced Introduction to Maritime Law will be a key
resource for students and non-specialist scholars of commercial
law, transport law and maritime law, while also appealing to
professionals with an interest in expanding their knowledge of the
topic.
This timely book examines the reform of maritime law under the
influence of environmental principles and the effects of these
changes in the legal relationships between maritime stakeholders.
Providing an integrated assessment of the use of environmental
principles in the governance of shipping and maritime law, it
argues that normative barriers supported by short term financial
interests, the balance of power between states and the technocratic
character of the IMO are delaying necessary changes to support
sustainable development and thus endanger the marine environment.
Offering a complete review of the environmental impacts of
shipping, Michael Tsimplis analyses the compatibility of maritime
conventions with environmental norms, developing a methodology
using publicly available documents of the International Maritime
Organisation. He discusses what would be required in terms of
governance for sustainability in the maritime sector, proposing a
number of ways of removing barriers within a strategy of zero
discharges, zero emissions, and zero impact. Scholars and students
of maritime and environmental law will find this book's analysis of
how environmental principles affect both public and private law
aspects of the shipping sector illuminating. It will also be of
interest to policy makers and regulators in the maritime and
environment sectors looking for an overview of the issues involved
in improving environmental performance in shipping. - Regina
Asariotis, United
Addressing the issues surrounding the uniformity of transport law,
Olena Bokareva provides an insight into both its theoretical
foundations and the convention regimes that govern different modes
of transport. Timely and engaging, this book considers a multitude
of potential solutions at both international and EU levels.
Uniformity of Transport Law through International Regimes concerns
transport conventions and other instruments dealing mainly with
carriage of goods by sea and multimodal transport as well as
examining the Rotterdam Rules as one of the solutions towards
uniformity in carriage of goods law. The discussion on
international uniformity in transport law is complemented by an
examination of regional harmonization in the context of EU
law-making and jurisprudence in the field of international
transport. The comparison between international and regional
regimes reveals the complexities in application and interpretation
of the certain transport conventions, which is detrimental to
achieving uniformity. Providing a close examination of
international and EU rules, other soft law instruments and case
law, this comprehensive book will be a key resource for maritime
and transport lawyers, law students and policymakers alike.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. Written by leading scholar Paul Todd, this Advanced
Introduction draws on the author's decades of experience
researching and teaching maritime law, offering a clear and concise
introduction to the core areas of the field. In addition to
providing a primer on the substance, it explains the worldwide
applications of English law, and surveys the sources of law and how
to locate them. It also highlights some of the difficulties in
interpreting the law and pinpoints which individuals have been
instrumental in doing so, and in making and developing the law. Key
features include: broad but concise coverage of international
sales, carriage of goods by sea, marine insurance and admiralty law
the provision of references and citations for further study
exploration of the recent and likely future developments for the
field. The Advanced Introduction to Maritime Law will be a key
resource for students and non-specialist scholars of commercial
law, transport law and maritime law, while also appealing to
professionals with an interest in expanding their knowledge of the
topic.
This book identifies and examines the legal challenges facing the
shipping industry and ship management today. It first addresses
flag state rules and private international law as organisational
tools of the shipowner for establishing the applicable legal
framework in an age of increasing regulatory activity and
extraterritorial effect of legislation. It then focuses on
sustainability requirements and the liability of shipping companies
managing supply chains and ships as waste. The third section
considers challenges stemming from times of financial crisis and
deals with the cross-border impact of shipping insolvencies, the
UNCITRAL Model Law, and the approaches of different jurisdictions.
Finally, the fourth section concerns digitalisation and automation,
including delivery on the basis of digital release codes, bills of
lading based on blockchain technology, the use of web portals and
data sharing, and particular aspects of the law relating to
autonomous ships, notably in marine insurance and carriage of
goods. The book will be a useful resource for academics and
practising lawyers working in shipping and maritime law.
The overarching vision of the 2050 Africa's Integrated Maritime
Strategy is to foster increased wealth creation from Africa's
oceans and seas by developing a sustainable thriving blue economy
in a secure and environmentally sustainable manner. The Law of the
Sea: The African Union and its Member States provides a first and
firm foundation for an assessment and the further development of
the legal aspects of ocean governance on the continent. It is an
indispensable reference for all the role players in the African
Maritime Domain, including agencies and governments, business,
civil society, lawyers, scientists and students.
This book, written in three parts, covers the basics of the
international trade, financing and the legal framework related to
the law of carriage of goods by sea, elaborates on bills of lading
in depth and sea waybills and ship's delivery orders in brief and
charterparties in depth. While the book is based on the English
law, cases and materials from other jurisdictions, particularly
Singapore, Malaysia, India, the USA, and Australia are brought in
to provide an international perspective. The practical analyses,
commentary and critiques of cases would be a useful guide for
practitioners in developing case arguments. Although written with
practitioners, academicians and students in mind, the book will
also serve as a useful guide for sea carriers, freight forwarders,
international traders, financiers, etc. as the complex subject is
presented in reader-friendly and easy to grasp manner.
The principal aim of this book is to address the international
legal questions arising from the 'right of visit on the high seas'
in the twenty-first century. This right is considered the most
significant exception to the fundamental principle of the freedom
of the high seas (the freedom, in peacetime, to remain free of
interference by ships of another flag). It is this freedom that has
been challenged by a recent significant increase in interceptions
to counter the threats of international terrorism and WMD
proliferation, or to suppress transnational organised crime at sea,
particularly the trafficking of narcotics and smuggling of
migrants. The author questions whether the principle of
non-interference has been so significantly curtailed as to have
lost its relevance in the contemporary legal order of the oceans.
The book begins with an historical and theoretical examination of
the framework underlying interception. This historical survey
informs the remainder of the work, which then looks at the legal
framework of the right of visit, contemporary challenges to the
traditional right, interference on the high seas for the
maintenance of international peace and security, interferences to
maintain the 'bon usage' of the oceans (navigation and fishing),
piracy j'ure gentium'and current counter-piracy operations off the
coast of Somalia, the problems posed by illegal, unregulated and
unreported fishing, interdiction operations to counter drug and
people trafficking, and recent interception operations in the
Mediterranean Sea organised by FRONTEX.
This collection of essays critically evaluates the legal framework
necessary for the use of autonomous ships in international waters.
The work is divided into three parts: Part 1 evaluates how far
national shipping regulation, and the public international law
background that lies behind it, may need modification and updating
to accommodate the use of autonomous ships on international
voyages. Part 2 deals with private law and insurance issues such as
collision and pollution liability, salvage, limitation of liability
and allocation of risk between carrier and cargo interests. Part 3
analyses international convention regimes dealing with maritime
safety and other matters, arguing for specific changes in the
existing conventions such as SOLAS and MARPOL, which would provide
the international framework that is necessary for putting
autonomous ships into commercial use. The book also takes the view
that amendment of international conventions is important in the
case of liability issues, arguing that leaving such matters to
national law, particularly issues concerning product liability,
could not only restrict or hinder the availability of liability
insurance but also hamper the development of technology in this
field. Written by internationally-known experts in their respective
areas, the book offers a holistic approach to the debate on
autonomous ships and makes a timely and important contribution to
the literature.
How are China's ongoing sovereignty disputes in the East and South
China Seas likely to evolve? Are relations across the Taiwan Strait
poised to enter a new period of relaxation or tension? How are
economic interdependence, domestic public opinion, and the
deterrence role played by the US likely to affect China's relations
with its counterparts in these disputes? Although territorial
disputes have been the leading cause for interstate wars in the
past, China has settled most of its land borders with its
neighbours. Its maritime boundaries, however, have remained
contentious. This book examines China's conduct in these maritime
disputes in order to analyse Beijing's foreign policy intentions in
general. Rather than studying Chinese motives in isolation, Steve
Chan uses recent theoretical and empirical insights from
international relations research to analyse China's management of
its maritime disputes.
This book explores the allocation of risk and liability of
dangerous goods between the seller and the buyer under CIF (Cost,
Insurance and Freight) and FOB (Free on Board) contracts, providing
an in-depth study of the issue of carriage of dangerous goods in
the context of international trade law. In addition to offering
specific solutions to issues arising in the context of the contract
of sale, the book provides a non-contractual angle, putting forward
suggestions under non-contractual mechanisms. Importantly, the book
incorporates case law examples from the Commonwealth and the US.
Dangerous goods that are carried by sea can cause potential risks
of losses and damages to the vessel, other cargoes and lives on
board. The allocation of liability arising out of the carriage of
dangerous goods has recently attracted unwelcome attention because
of mis-declared cargoes leading to fires on board ships. Thus the
book fills a gap in the literature by addressing the issue in
detail with examples from multiple jurisdictions, and proposing
solutions. In particular, the book analyses whether and to what
extent the law of international sale of goods can provide any
assistance in the re-allocation of liability between the buyer and
the seller. This book will be of great interest to all those
involved in the research as well as legal practice of international
trade law and the law of carriage of goods by sea.
The Command Companion of Seamanship Techniques is the latest work
from the well-respected marine author, D J House. It contains all
the information needed for command posts at sea. * All aspects of
shipboard management are discussed, with special emphasis placed on
health and safety. * Guidelines on how to respond to accidents and
emergencies at sea * Contains the most recent SOLAS revisions and a
discussion of marine law to keep you up to date with the latest
rules and regulations. In order to aid learning, the book includes
a number of worked examples in the text along with questions and
answers at the end of chapters. The author tells you how to respond
to accidents and emergencies at sea, in the event, for example of
cargo contamination, collision, loss of stability due to cargo
shift and damage due to flooding, fire plus loss of life/crew. In
addition, the SOLAS revisions and a discussion of marine law is
included to keep you up to date with all the latest rules and
regulations. In order to aid learning, this book will include a
number of worked examples in the text along with questions and
answers at the end of chapters. D J House is senior lecturer in
Nautical studies at the Nautical college, Fleetwood. His sea-going
experience includes general cargo, reefer, bulk cargo, passenger
and liner trades, underwater operations, and roll-on/roll-off
ferries. He is a well-known marine author and has written
Seamanship Techniques Volumes 1 and 2 (combined) and he has revised
Cargo Work in the Kemp & Young series.
Maritime Security and the Law of the Sea examines the rights and
duties of states across a broad spectrum of maritime security
threats. It provides comprehensive coverage of the different
dimensions of maritime security in order to assess how responses to
maritime security concerns are and should be shaping the law of the
sea. The discussion sets out the rules regulating passage of
military vessels and military activities at sea, law enforcement
activities across the different maritime zones, information sharing
and intelligence gathering, as well as armed conflict and naval
warfare. In doing so, this book not only addresses traditional
security concerns for naval power but also examines responses to
contemporary maritime security threats, such as terrorism, weapons
of mass destruction, piracy, drug-trafficking, environmental damage
and illegal fishing.
While the protection of sovereignty and national interests remain
fundamental to maritime security and the law of the sea, there is
increasing acceptance of a common interest that exists among states
when seeking to respond to a variety of modern maritime security
threats. This book argues that security interests should be given
greater scope in our understanding of the law of the sea in light
of the changing dynamics of exclusive and inclusive claims to ocean
use. More flexibility may be required in the interpretation and
application of the UN Convention on the Law of the Sea if
appropriate responses to ensure maritime security are to be
allowed.
This book provides valuable insights into various contemporary
issues in public and private maritime law, including
interdisciplinary aspects. The public law topics addressed include
public international law and law of the sea, while a variety of
private law topics are explored, e.g. commercial maritime law,
conflict of laws, and new developments in the application of
advanced technologies to maritime law issues. In addition, the book
highlights current and topical discussions at international
maritime forums such as the International Maritime Organization on
regulatory and private law matters within the domain of marine
environmental law, the law respecting seafarers' affairs and
maritime pedagogics, maritime security, comparative law in the
maritime field, trade law, recent case law analysis, taxation law
in the maritime context, maritime arbitration, carriage of
passengers, port law, and limitation of liability.
This book focuses on the management of ship operations, an activity
that requires integrative knowledge and technical expertise that
spans various disciplines. As such, ship operations personnel are
expected to be well-versed with aspects of management, economics,
engineering, technology and law. Further, ship operations
management requires the ability to identify and neutralize threats
and to manage risks and make decisions that will optimize costs and
contribute to performance improvements. Despite the fundamental
nature of ship operations management, no book has ever attempted to
reconcile and compile a comprehensive body of knowledge, while
pursuing a coherent, structured and systematic approach. This
edited volume addresses that fundamental gap in the extant
literature, and brings together a wealth of knowledge from experts
in their respective fields. Concretely, it explores issues of
organization, technical management, crewing and behavioral issues,
chartering and post fixture, risk management, finance, legal
aspects of international conventions and regulations, attainment of
safety, security and marine insurance, as well as ocean governance
and sustainability. As such, the book offers a vital reference
guide for maritime companies and organizations, while also serving
as a teaching supplement in academic and professional maritime
programmes.
The book provides an introduction to shipping in all its aspects.
It is a valuable source of information for students of traditional
maritime law as well as for those who seek to understand maritime
and shipping services on a global scale. The text includes
information and analytical content on national and international
practices in shipping, including the age-old dichotomy between
freedom in international shipping and the persistent demands of
states to control specific maritime areas, as well as the tension
between, on the one hand, the desire on the part of sovereign
states to regulate and protect their shipping interests and, on the
other, the abiding concern and unquestioned right of the
international community to regulate the global shipping industry
effectively, in order to ensure maritime safety, protection of the
environment and fair competition.
This extensively updated third edition of the classic casebook
Marine and Coastal Law provides readers with an authoritative,
comprehensive, and up-to-date guide to landmark laws, regulations,
and legal decisions governing the United States' vast marine and
coastal resources. This thoroughly revised and updated third
edition of the prestigious Marine and Coastal Law casebook provides
an essential overview of landmark legal decisions and statutory
provisions in U.S. marine and coastal law, with a particular
emphasis on regulatory changes and legal conflicts involving
climate change, coastal resilience/protection, and sea level rise.
In addition to a thorough updating of the contents of the second
edition (including editorial commentary on every case), this new
revised edition features extensive new content, including two
entirely new chapters and new "learning objectives" for each
chapter. Produced by five experts in U.S. marine law, this third
edition stands as an accessible and invaluable resource for both
lay readers and legal professionals who are seeking greater
understanding of the ever-evolving and frequently contentious laws
and regulations governing U.S. and international fisheries,
maritime shipping and transport, offshore oil and mineral
resources, climate change mitigation strategies, coastal
protection, marine pollution, and port and harbor operations. Clear
and incisive editorial commentary on every case from recognized
experts in the field of marine law Coverage for two centuries of
changes to maritime and coastal law in the U.S., from the 1800s to
2020 Extensive discussion and explanation of legal doctrines,
concepts, and principles that provide the foundation for U.S.
maritime law "Learning Objectives" for each chapter to aid
understanding of each case
This book uniquely employs risk and vulnerability approaches to
advocate international policy options for enhancing maritime
security cooperation in the Indian Ocean region. Understanding
shared risks and common vulnerabilities that impact the achievement
of mutual objectives in the oceanic domain present practical bases
for progressing collective action. The Indian Ocean sea lanes are
the world's most important thoroughfares for energy resources (oil,
gas and coal) and other cargoes. Secure maritime trade routes are
vital to global, regional and national economies. Further, security
challenges resulting from marine environmental degradation impacted
by climate change are rising. Regional and extra-regional actors
need to work more closely together to impose law and order at sea,
control regional conflicts, respond to humanitarian crises and
natural disasters, and conserve the marine environment. This book
provides an invaluable resource for political leaders, policy
advisers, academic researchers, military professionals, and
students of international security and strategic studies.
This book considers the international law applicable to maritime
interception operations (MIO) conducted on the high seas and within
the context of international peace and security, MIO being a
much-used naval operational activity employed within the entire
spectrum of today's conflicts. The book deals with the legal
aspects flowing from the boarding and searching of foreign-flagged
vessels and the possible arrest of persons and confiscation of
goods, and analyses the applicable law with regard to maritime
interception operations through the legal bases and legal regimes.
Considered are MIO undertaken based on, for instance, the UN
Collective Security System (maritime embargo operations),
self-defence and (ad-hoc) consent, and within the context of legal
regimes various views are provided on the right of visit, the use
of force and the use of detention. This volume, which has
contemporary naval operations as its central focus and structures
the analysis as a sub-discipline of the international law of
military operations, will be of great interest both to academics,
practitioners and policy advisors working or involved in the field
of military and naval operations, and to those professionals
wanting to learn more about the international law of military
operations, naval operations, and the law of the sea and maritime
security. Martin Fink is a naval and legal officer in the Royal
Netherlands Navy.
Heightened tensions in the South China Sea have raised serious
concerns about the dangers of conflict in this region as a result
of unresolved, complex territorial disputes. This volume offers
detailed insights into a range of country-perspectives, addressing
the historical, legal, structural, regional and multilateral
dimensions of these disputes
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