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.

Given the magnitude of the risks associated with commercial activities in the Arctic arising as a result of the milder climate, new business opportunities raise important questions of responsibility and liability. This book analyses the issues of responsibility and liability connected with the exploitation of natural resources, marine transport and other activities in the Arctic. Applying a combined private and public law perspective on these issues, it considers both the business and societal interests related to Arctic development using Greenland as an example. The book focuses on problems that are specific to Greenland and wider issues that affect all Arctic states.

This reference book, arranged alphabetically by country, describes how to found jurisdiction in over 20 jurisdictions. A questionnaire-based analysis ensures consistent headings are used throughout to allow cross-referencing and points of comparison between the various jurisdictions covered. Despite the existence of various international conventions designed to ensure uniformity of approach, significant differences in the laws of various countries exist which make it possible to create jurisdiction in one country which is not possible elsewhere. This reference book, arranged alphabetically by country, describes in a clear but concise manner how to found jurisdiction in over 20 jurisdictions. A questionnaire-based analysis ensures consistent headings are used throughout to allow easy cross-referencing and points of comparison between the various jurisdictions covered.

At a time when experts agree that the laws of naval warfare and maritime neutrality are obsolete and must be reformed, Politakis critically explores international laws governing naval operations. He considers the influence of the UN Charter on traditional military law, and discusses selected topics such as morality and chivalry in the domain of the laws of war and the paradox of today's electronic combat environment.

Access to genetic resources and Benefit Sharing (ABS) has been promoted under the Convention on Biological Diversity, with the aim of combining biodiversity conservation goals with economic development. However, as this book shows, since its inception in 1992, implementation has encountered multiple challenges and obstacles. This is particularly so in the marine environment, where interest in genetic resources for pharmaceuticals and nutrients has increased. This is partly because of the lack of clarity of terminology, but also because of the terms of the comprehensive law of the sea (UNCLOS) and transboundary issues of delineating ownership of marine resources. The author explains and compares relevant provisions and concepts under ABS and the law of the sea taking access, benefit sharing, monitoring, compliance, and dispute settlement into consideration. He also provides an overview of the implementation status of ABS-relevant measures in user states and identifies successful ABS transactions. A key unique feature of the book is to illustrate how biological databases can serve as the central scientific infrastructure to implement the global multilateral benefit sharing mechanism, proposed by the Nagoya Protocol. The research for this book was supported by both the Bremen International Graduate School for Marine Sciences (GLOMAR) and the International Research Training Group INTERCOAST - Integrated Coastal Zone and Shelf-Sea Research.

Duncan Gaswaga, a former judge of the Seychelles Supreme Court who has presided over numerous piracy trials, asked the following question: "What is a judge to do when a bearded piracy suspect facing justice asserts that he is fourteen?" This book addresses this important question by focusing on the treatment of juvenile piracy suspects under international law within national prosecutorial regimes. Beginning with the modern-day Somali piracy model, and exploring the reasons for piracy organizers and financiers to have employed Somali youth as pirates, author Milena Sterio analyzes the relevant international legal framework applicable to the treatment of juvenile criminal suspects, such as international human rights law, international criminal law, including the statutes of several international and ad hoc tribunals, as well as legal issues related to the use of child soldiers, as a parallel to the use of child pirates. This volume examines recent national piracy prosecutions involving juvenile suspects in Germany, Spain, India, Italy, Malaysia, the Seychelles, and the United States, developing a set of recommendations and best practices for all piracy prosecuting nations dealing with juvenile suspects to refer to in developing their national policy toward the treatment of juvenile piracy suspects.

Defence reform has been a major component of Bosnia's stabilisation and nation-building. Though true for many cases of post-conflict transition, it is especially so for Bosnia, which arguably has the most complex state structure in Europe. Ten years on from the start of Bosnia's defence-reform process, Destination NATO records and reviews the Bosnian experience of defence reform. The monograph offers policy-makers, practitioners and academics knowledge of the specific case of Bosnia and Herzegovina, and makes these insights relevant to defence-reform efforts in other contexts. The research is based on original sources and an extensive set of interviews and talks with key individuals including ambassadors, ministers and civil servants, and other senior national and international actors, in addition to discussions with several hundred politicians at local levels, students and NGO representatives. The authors also use their first-hand knowledge and insights to complement the documentation, interviews and discussions.

The quickening pace of Iran s nuclear activities has produced an international sense of urgency. Sanctions have intensified, while fears of an Israeli strike abound. Talks have briefly eased the tension, before failing due to fundamental differences between Iran and the West. There seem to be dim prospects for peaceful resolution; the worry is that this long-running dispute could become a permanent crisis. This Whitehall Paper tackles the Iranian nuclear dispute in its full context to determine what possible compromises may exist and how they may be achieved. While the crisis is embedded in a set of overlapping security disputes between Iran on the one hand, and the United States, Arab regional powers, Israel and the broader West on the other, it is also important to analyse it in a comparative and thematic context. Iran s programme is not sui generis: previous experience can help to inform our assessments of how Iran will be affected by, and respond to, intense multilateral economic and political pressure, and what its nuclear posture might be. This study also examines how policy responses by the West should evolve were Iran to resume its alleged nuclear-weapons programme, continue to undertake some degree of near-weaponisation or weaponisation, or test and deploy nuclear weapons. The Permanent Crisis questions the assumptions and logic of alarmist studies those which see a nuclear Iran as fanatical, unresponsive to deterrence and certain to precipitate a wave of unstoppable nuclear proliferation whilst outlining the very real risks that would flow from such a failure of Western policy.

Think of maritime slavery, and the notorious Middle Passage - the unprecedented, forced migration of enslaved Africans across the Atlantic - readily comes to mind. This so-called 'middle leg' - from Africa to the Americas - of a supposed trading triangle linking Europe, Africa, and the Americas naturally captures attention for its scale and horror. After all, the Middle Passage was the largest forced, transoceanic migration in world history, now thought to have involved about 12.5 million African captives shipped in about 44,000 voyages that sailed between 1514 and 1866. No other coerced migration matches it for sheer size or gruesomeness. Maritime slavery is not, however, just about the movement of people as commodities, but rather, the involvement of all sorts of people, including slaves, in the transportation of those human commodities. Maritime slavery is thus not only about objects being moved but also about subjects doing the moving. Some slaves were actors, not simply the acted-upon. They were pilots, sailors, canoemen, divers, linguists, porters, stewards, cooks, and cabin boys, not forgetting all the ancillary workers in ports such as stevedores, warehousemen, labourers, washerwomen, tavern workers, and prostitutes. Maritime Slavery reflects this current interest in maritime spaces, and covers all the major Oceans and Seas. This book was originally published as a special issue of Slavery and Abolition.

Despite the rise of 'new' security threats like terrorism, cyber-war and piracy, the terrible destructive power of nuclear weapons still hangs over the world. Discussion on further strategic nuclear arms reduction has tended to be dominated by the analysis of possible trade-offs between the US and Russia. But as the prospect of further cuts below 'New START' levels is contemplated, increasing attention needs to be paid to the possible shape of a new, multi-power approach to nuclear restraint. While restraint at low numbers goes with the grain of thinking in most nuclear states, correct sequencing will be vital. Using the New START framework, attention could initially be focused on incremental decreases in US and Russian stocks of the most dangerous weapons. Thereafter, the other nuclear powers would need to take steps to limit the size and capabilities of their own arsenals in a process of mutual reductions. If successful, the benefits would be wide ranging: successful restraint amongst existing nuclear-armed states could engender trust, as well as provide mechanisms for reducing the risks of rapid escalation in the event of limited conflict. Less is Better considers the various challenges and opportunities for ensuring restraint at low numbers in today's complicated web of bilateral nuclear relationships and in the context of the debate on 'Global Zero'.

This collection of statutes form a reference point for the maritime, commercial and insurance litigator. It covers 35 statutes, some with a commentary and list of key cases to aid with interpretation of the statute.

The Chinese maritime and shipping market has been expanding enormously in recent times as its commercial capacity to perform shipping, ship building, banking and insurance activities grows and the role of the State as guarantor of commerce is gradually reduced. This book provides a detailed guide to current Chinese maritime law, written by an expert team of contributors and systematically covering key areas such as carriage of goods by sea, international trade, vessels and seafarers and maritime liabilities. The authors explore cutting-edge issues within each topic, and analyse current trends in law reform. The book will be of interest to academics researching commercial and maritime law, as well as maritime law practitioners and shipping industry professionals working with aspects of Chinese maritime practice.

For centuries, warranties have played a significant role in the law of marine insurance and in this book Baris Soyer offers a comprehensive and authoritative examination of warranties in marine insurance. The book sets out the current law on marine insurance warranties as well as exploring the legal remedies available when a marine insurance warranty is breached. The third edition is bought up to date with significant discussion of recent case law including: Kosmar Villa Holidays v. Trustees of Syndicate; Pratt v Aigaion Insurance Co; and Argo Systems FZE v. Liberty Insurance (Pte) with a view to identifying their impact on established legal principles. The third edition also further develops the chapter on the interpretation of express warranties. Developments to the interpretation of marine and commercial insurance contracts are analysed, and the book considers the dividing line between express warranties and similar terms such as suspensory provisions which have been further complicated in recent judgments.The book goes on to address the reform of the law on warranties in marine insurance and will critically analyse the reform proposals expected from the English and Scottish Law Commissions in 2013 and their likely impact. This book is essential reading for postgraduate students and academics in international commercial law and marine insurance law as well as insurers and legal practitioners.

With a key geostrategic location and valuable maritime resources, the South China Sea has become the epicentre of several ongoing territorial and maritime disputes. This book assesses what can be done to avert the possibility of outright conflict, and to fully harness the Sea's potential for the security of the region and the world at large. An original collection of insightful contributions by leading international authorities and the next influential generation of scholars, these chapters explore the latest diplomatic developments through in-depth analyses on issues affecting East Asian security. The book includes a wide range of views on the topic, covering security, legal and environmental problems, while crucially highlighting the complexity of current tensions. It offers a timely and thorough look into the region, offering potential pathways to improve the security in and around this troubled sea. Academics, students and policymakers engaged in issues related to the law and politics of the sea, as well as specialists in Asian studies and international relations more generally, will benefit from the insight into the intricate diplomatic and security environment of the South China Sea. Contributors include: J. Batongbacal, R. Beckman, L. Buszynski, R. Calvert, J. Kraska, T.T. Le, R.P.M. Lotilla, D. Mair, T.L.A. Nguyen, J.G. Odom, D.H.Phan, A. Scobell, T.T.Thuy, H.D. Vu, T.C. Vu, J.B. Welfield, X. Wu, M. Yahuda, J. You

South China Sea (SCS) issues are complex and dynamic, ranging from historic claims to present day military occupation, from military security to regional stability, from rhetorical appeasements to national interests, from intraregional competition to extraregional involvement. The submissions made in 2009 by several Southeast Asian states to the United Nations Commission on the Limits of the Continental Shelf (CLCS) respecting outer limits of extended continental shelves beyond 200 nautical miles in the South China Sea resulted in renewed attention to the maritime disputes over the insular features and the waters of the South China Sea among several claimant States. Questions have resurfaced about the future of cooperation in the region. Furthermore, the improvement of cross-Strait relations between Taiwan and China after 2008 has added a new element to the evolution of South China Sea issues. This book describes these recent developments in depth and provides an examination of possible future developments in the South China Sea. The articles in this book were originally published as special sections in Ocean Development & International Law.

This book provides an expert analysis of alternative investments routes and the investment strategies available to the major port players, and is a much-needed guide to expanding the investor base for private debt funding of projects from loan providers to bond investors.

Port infrastructure investments are vitally important to all ports throughout the world; without these investments, the competitive position of ports and of the dependent logistics sector will deteriorate.

National/regional governments and the local port authorities are no longer a guaranteed source of sufficient financial input to meet the continuous port infrastructure investment needs of major ports. It is, therefore, increasingly crucial for ports to broaden their strategies and secure alternative streams of investment.

This book provides expert insight into areas of port infrastructure finance across the main regions of Europe, Asia, Africa and the USA. Topics include how to estimate future demand by way of forecasting; Public-Private Partnerships; corporatisation; the pricing mechanisms for syndicated loans; European port privatisation; finance strategies for ports in Asia, the USA and Africa; and a discussion of the investment strategies available to the major port players.

Port Infrastructure Finance is an invaluable book for all parties involved in the port and maritime business, as well as investment companies, banks and other financial institutions involved in infrastructure investment.

The United Nations Convention on the Law of the Sea (UNCLOS) offers a legal framework for the sustainable development of the oceans and their natural resources. However, recently there have been calls to amend the Convention due to some ambiguous provisions which are unable to address a variety of contemporary maritime issues. This book evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. The book's central focus is on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book examines the ways in which an emphasis on sovereignty, threats to maritime security and overlapping maritime claims caused by the newly established maritime regimes authorized by UNCLOS are all contributing factors to the SCS dispute. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at participation in the UNCLOS negotiations, maritime legislation, and the dispute settlement practice of relevant States party to the SCS dispute. The author goes on to explore the relationship between UNCLOS and the regimes and institutions in the SCS, particularly in regard to issues of maritime security, marine environment protection, joint development of oil and gas and general political interaction. The author proposes practical mechanisms to resolve the dispute whilst also offering a final judgement on the effectiveness of UNCLOS for settling disputes. UNCLOS and Ocean Dispute Settlement will be of particular interest to academics, students and policy makers of international, shipping and maritime law as well as being of interest to academics and students in the field of international relations.

An accessible introduction to multimodal contracts of carriage, Multimodal Transport Law works from general principles toward specific, technical problems. Adopting an international approach, it addresses such key topics as: Contracts of carriage Transport documents The parties to a contract of carriage International conventions on the carriage of goods Multimodal situations covered by unimodal conventions Conflict of laws The rules applicable to the individual legs of multimodal contracts of carriage The Rotterdam Rules Providing a close examination of the relevant rules, regulations and case law, this is essential reading for law students, useful for claims handlers and practitioners, and of interest for academics and legislators seeking a better appreciation of multimodal contracts of carriage.

Southeast Asian waters are critical for international trade and the global economy. Combating maritime crimes has always been a priority as well as a challenge for ASEAN member states. While much emphasis has been placed on enhancing operational cooperation against maritime crimes, the need for an effective legal framework to combat such maritime crimes has not been sufficiently examined. This book demonstrates that ASEAN member states can establish a legal framework to combat maritime crimes by ratifying and effectively implementing relevant global and regional conventions. It also explores the issues that ASEAN member states, and ASEAN as an organization, face in establishing such a framework and suggests suitable steps that can be taken to address such issues. This informative and detailed study will inform research and policy, and will appeal to government, treaty and policy officials, academics, researchers and students, as well as international and regional organizations concerned with piracy and other related maritime crimes, ocean affairs and the law of the sea. Contributors: R.C. Beckman, W.L. Cheah, M.F.A. Ibanez, M. Jacobsson, N. Passas, J.A. Roach, C. Termsak, A. Twyman-Ghoshal, K. von Hoesslin

Widely regarded as the leading authority on voyage charters, this book is the most comprehensive and intellectually-rigorous analysis of the area, is regularly cited in court and by arbitrators, and is the go-to guide for drafting and disputing charterparty contracts. Voyage Charters provides the reader with a clause-by-clause analysis of the two major charterparty forms: the Gencon standard charterparty contract and the Asbatankvoy form. It also delivers thorough treatment of COGSA and the Hague and Hague-Visby Rules, a comparative analysis of English and United States law, and a detailed section on arbitration awards. This book is an indispensable, practical guide for both contentious and non-contentious shipping law practitioners, and postgraduate students studying this area of law.

International law concerning maritime boundary dispute resolution reflects normative aspirations for peacefully managing some of the most intractable challenges in foreign affairs. Focusing on key international law issues relating to maritime boundary disputes, this book explores how international law and legal institutions facilitate these goals theoretically and practically. This process includes a balance of equities among states grounded in the Charter of the United Nations and the protection of sovereignty, territorial integrity, and political independence of Member States, while avoiding threats to the peace, breaches of the peace, and acts of aggression. The UN Charter is complemented by the rules in customary law and UNCLOS for evaluating maritime claims and addressing disputes, including conciliation, litigation, and arbitration. Despite the comprehensive nature of these procedures, numerous maritime disputes persist, including those in the East China Sea and South China Sea. As the disputes continue, however, general international law and the UNCLOS framework captures additional norms and rules that may act to reduce tension and manage disputes. As States shift closer to or farther from compliance on maritime claims and delimitation, the rules of behavior that pertain to flag States and coastal States may help to maintain the peace. This volume offers a distributed study in the factors affecting maritime disputes, international law frameworks and diplomatic models for addressing them, and legal, security, and historical dynamics in East Asia. The book goes beyond the existing debate to offer suitable methods for managing contemporary disputes and makes a meaningful impact on thinking about regional maritime security and international maritime law.

Laser focus on a broad range of issues concerning the shipmaster, all available in one volume. Provides an invaluable aid to decision making for ship managers and operators. Includes a comprehensive history of international law affecting the shipmaster. Compares regimes of law for shipmasters (and crews) across different jurisdictions. Examines shipmaster duties and liabilities and penalties in all IMO member states.

Steel: Carriage by Sea provides invaluable information on how to prevent claims arising when transporting steel, including careful handling, good stowage, and care of cargo, throughout its entire journey. The book covers every aspect of the transportation and surveying of steel products carried on ships. This fifth edition provides practical advice on: how to prevent damage to steel cargoes * how to deal with subsequent claims * the different types of steel products manufactured and their particular packing requirements * how the various types of steel products should be loaded, stowed, lashed, secured, and ventilated aboard a ship * maintenance of the ships' hatchovers, tanktop strength, and cargo documentation * the surveying and claims handling of the various types of steel products * the corrosion process of steel * the various types of surveys carried out in connection with steel products and their associated survey reports * the causation and assessment of loss for the different

In the aftermath of the 9/11 attacks, concerns that terrorists might utilise vessels to transport weaponry, terrorist operatives and/or to finance their activities prompted several international legal developments. This book evaluates the extent to which the international maritime security measures developed following the 9/11 attacks would be likely to prevent the utilisation of vessels to facilitate terrorist activities. It considers the likely effectiveness of the International Ship and Port Facility Security Code for improving vessel and port security, and the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against Maritime Navigation in facilitating the interdiction of suspected terrorist vessels. It also explains how the US-led Proliferation Security Initiative - a cooperative effort through which participant governments agree to prevent the illicit transfers of Weapons of Mass Destruction and related materials - has provoked debate about the legality of vessel interdictions under the United Nations Convention on the Law of the Sea (the LOSC). After exploring alternative interpretations of the LOSC, and states' self-defence rights under Article 51 of the Charter of the United Nations, it formulates suggested guidelines for the unilateral interdiction of suspected terrorist support vessels in exceptional circumstances. The book also discusses the relevant recommendations by the OECD's Financial Action Taskforce for preventing the financing of terrorism, and the national maritime security legislation for preventing the maritime facilitation of terrorist activities in the United Kingdom and in Australia. The book concludes by emphasising the importance of the continual active implementation of ship, port facility and supply chain security measures, and of further enhancing international cooperation to facilitate vessel interdictions. It will be of interest to those working in the areas of Law and Terrorism, Law of the Sea, Maritime Law and Insurance and International Law.

This handbook offers a critical and substantial analysis of maritime security and documents the most pressing strategic, economic, socio-cultural and legal questions surrounding it. Written by leading international experts, this comprehensive volume presents a wide variety of theoretical positions on maritime security, detailing its achievements and outlining outstanding issues faced by those in the field. The book includes studies which cover the entire spectrum of activity along which maritime security is developing, including, piracy, cyber security, energy security, terrorism, narco-subs and illegal fishing. Demonstrating the transformative character and potential of the topic, the book is divided into two parts. The first part exhibits a range of perspectives and new approaches to maritime security, and the second explores emerging developments in the practice of security at sea, as well as regional studies written by local maritime security experts. Taken together, these contributions provide a compelling account of the evolving maritime security environment, casting fresh light on theoretical and empirical aspects. The book will be of much interest to practitioners and students of maritime security, naval studies, security studies, maritime history, and International Relations in general.