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.

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.

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.

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

Research on The United Nations Convention on the Law of the Sea (UNCLOS) is a valuable addition to understanding the political situation in the potentially volatile South China Sea region. This book covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries, including the Philippines, Australia, Ireland, Mainland China and Taiwan, the United States, and Indonesia, Singapore, UK and Germany. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.

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.

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

The COVID-19 pandemic, Brexit and the US-China trade dispute have heightened interest in the geopolitics and security of modern ports. Ports are where contemporary societal dilemmas converge: the (de)regulation of international flows; the (in)visible impact of globalization; the perennial tension between trade and security; and the thin line between legitimate, illicit and illegal. Applying a multidisciplinary lens to the political economy of port security, this book presents a unique outlook on the social, economic and political factors that shape organized crime and governance. Advancing the research agenda, this text bridges the divide between global and local, and theory and practice.

The shipwrecks of WWI constitute a vast, dispersed and distinctive underwater legacy. This insightful book addresses the need to rethink how they can be protected, through an examination of both private and public international law and the conventions governing them. The recent centenary of WWI has prompted a shift in the way attention is focused on legacy wrecks. In this timely book, Craig Forrest considers both the development and current state of the laws that apply to these wrecks, as well as the issues that surround them, such as regulated and unregulated salvage and the potentially hazardous nature of wrecks left in situ. The author then deftly analyses the adequacy of the existing legal framework, in particular the Convention on the Protection of Underwater Cultural Heritage, to fulfill its promise of protecting legacy wrecks for future generations as historical and archaeological resources, memorials and, more importantly, as maritime war graves. This incisive book will prove necessary reading for all with an interest in underwater cultural heritage and its protection, including academics, practitioners and managers, government officials and policymakers. Underwater archaeologists and others interested in maritime law and naval history more broadly will also find its unique analysis useful.

A practical and user-friendly guide to the collision regulations, with full interpretations of the rules and clear diagrams. A thorough understanding of the International Regulations for the Prevention of Collisions at Sea (ColRegs) is essential for a wide range of professionals as well as amateur mariners. Written in legal text rather than easy to understand terminology, it is not a surprise that the Colregs are subject to gross misunderstanding and confusion. This makes this a difficult area for the thousands of mariners who need to learn, understand and remember them. This handbook is the answer. Expert marine training director Simon Jinks provides straightforward explanations of the complex situations that the Regulations discuss. He gives simple and comprehensive interpretation of the ColRegs rule by rule, giving students and professionals the clarity they need for exam prep and dealing with real-life situations. Colour illustrations of all lights and shapes, and clear diagrams provide additional support for students. The handbook also includes chapters on bridge watch-keeping, radar plotting and techniques for answering ColRegs questions in MCA exam conditions. It shows you where other maritime regulations work hand-in-hand with ColRegs. Simon Jinks is an experienced teacher of ColRegs to students who are studying for MCA Masters, OOW, Boat master and Chief Mates exams, plus those who are studying for RYA Yachtmasters and IYT Master of Yacht Qualifications and want to have an in-depth knowledge. The book adapts the author's teaching notes, developed over many years, with added extras around the subject to help in greater understanding.

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

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.

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.

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. This volume focuses on the role of the UN Specialized Agencies towards the development of effective and sustainable ocean governance by looking at the more elaborate mechanisms they developed in order to achieve the desired objectives laid down in UNCLOS. From FAO to UNODC, the volume examines how they ensure sustainable development and how much coordination exists among them.

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. The volume examines how the IMO, with 171 Member States and 3 Associated Members, has and continues to promote the goals of safe, secure, sound, and efficient shipping on clean oceans. It studies the interface and interaction between UNCLOS and IMO instruments and how IMOs safety, security, and environmental protection conventions have contributed to global ocean governance, including the peaceful order of the polar regions.

Until 1998, the most recent complete text on the law of collision published on this side of the Atlantic had been John Griffin's The American Law of Collision, which appeared in 1949. So many significant changes have occurred in collision law since then that a new American text was certainly indicated. The most significant of these changes was, of course, the adoption of the 1972 COLREGS, which became effective in 1977 -- the first complete revision of the International Rules since 1889. Also of great importance was the substitution of a single set of U.S. Inland Rules, identical in most respects to COLREGS, for the former Inland, Great Lakes, and Western Rivers Rules. Other significant changes were the adoption of the proportional fault rule by the U.S. Supreme Court in Reliable Transfer Co. v. United States, and the widespread use of radar and ARPA in marine navigation.

COLREGS and the current U.S. Inland Rules are arranged in much more orderly fashion than their predecessors, and the authors have followed the same order in treating the individual Rules. In addition to the Rules, the book covers damages, both-to-blame collisions, and official investigations. It also includes chapters on pilotage, towage, marine pollution, limitation of liability, marine insurance, salvage, and general average, all in relation to collisions.

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.

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.

The new edition of Marine Insurance Clauses reflects numerous changes and additions to the policy clauses, and particularly the new style of the organisation entitled the International Underwriting Association of London in 2002. The new edition will bring you up to date with the present complex and sometimes confusing variations in policy conditions. Part of the Maritime and Transport Law Library.

The only book offering a straightforward and brief introduction to the way ships of the merchant navy operate and function Particularly for cadets at HNC, HND and foundation degree level in both the deck and engineering branches non-technical and non-specialist, and assumes no background knowledge

A book which sets out the latest national law relating to time bars on the most common maritime claims in over 30 countries. It includes new jurisdictions and additional information. It provides the answers to such questions as what is the time-bar period for a particular type of claim, when does a time-bar period for a claim begin, how can the time-bar period be interrupted, extended or ended and what are the consequences of the time-bar period running out?