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.

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

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.

This book is the definitive guide to all aspects of this important part of International Trade Law. Relied upon by generations of students and practitioners alike, this market leading text is renowned for combining a critical, in-depth examination of all aspects of the law relating to the carriage of goods by sea.

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.

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

Proposing a systematic analytical framework which assists in understanding and applying the international law regime governing State ocean jurisdiction with a view to improved ocean governance for sustainable development, this book distinguishes between, and focuses on, the form, the ground, the scope and the purpose of State ocean jurisdiction. Defining jurisdiction as the international-law authority of a State to be involved in a factual matter on the basis of a valid legal ground to perform authoritative acts impacting on that matter, it disaggregates the concept the complexity of which often leads to States failing to make full use of their existing ocean jurisdictions. In the process, it identifies when and to what extent there are gaps and overlaps of jurisdictions. Bringing clarity on an inevitably complex and often misunderstood framework that is aimed at striking a universally accepted balance of competing interests, the book lays the foundation for future research, contextualising the position of State ocean jurisdiction not only in terms of ocean governance, but in the whole of public international law. With an original systematic focus on State ocean jurisdiction, the book will be of interest to academics, students and practitioners working in the areas of international law of the sea, ocean governance, human rights and environmental law.

Table of Contents

Preface xiii

Abbreviations xv

Table of Cases xx

Table of International Instruments xxvii

1 Introduction 1

1.1 Introduction 1

1.2 Maritime uses 1

1.3 Maritime stakeholders 6

1.4 The concept of “State jurisdiction” 9

1.5 Analytical framework 17

2 The form of State ocean jurisdiction 22

2.1 Introduction 22

2.2 Legislative jurisdiction 24

2.2.1 Introduction 24

2.2.2 Categories of legislative provisions 25

2.2.2.1 Introduction 25

2.2.2.2 Constitutive provisions 26

2.2.2.3 Normative provisions 26

2.2.2.4 Performative provisions 27

2.2.2.5 Combination of provisions 28

2.2.3 Impact of legislative acts performed in the exercise of

legislative jurisdiction 28

2.2.3.1 Introduction 28

2.2.3.2 Performance of legislative acts 28

2.2.3.3 Contents of legislative provisions 29

(a) Introduction 29

(b) Constitutive provisions 29

(c) Performative provisions 31

Contents

vi  Contents

(d) Normative provisions 32

(i) Introduction 32

(ii) Spatial application 32

(iii) Personal application 34

(iv) Hybrid application 35

(v) Subject matter 38

2.2.4 Executive acts 39

2.2.4.1 Introduction 39

2.2.4.2 Logistic acts 39

2.2.4.3 Process acts 40

2.2.4.4 Enforcement acts 40

2.2.5 Adjudicative acts 40

2.2.6 Definition of “legislative jurisdiction” 41

2.3 Executive jurisdiction 41

2.3.1 Introduction 41

2.3.2 Legislative acts 42

2.3.3 Executive acts 44

2.3.3.1 Types of executive acts 44

(a) Introduction 44

(b) Logistic acts 44

(c) Process acts 45

(i) Definition 45

(ii) Acts performed iure imperii 45

(iii) Acts performed iure gestionis 46

(d) Enforcement acts 46

2.3.3.2 Impact of executive acts 47

(a) Logistic acts 47

(b) Process acts 48

(c) Enforcement acts 48

2.3.4 Adjudicative acts 49

2.3.5 Definition of “executive jurisdiction” 50

2.4 Adjudicative jurisdiction 51

2.4.1 Introduction 51

2.4.2 Legislative acts 51

2.4.3 Adjudicative acts 52

2.4.3.1 Introduction 52

2.4.3.2 Acts performed to settle disputes between States

and other legal persons 52

2.4.3.3 Acts performed to settle disputes between private

legal persons 53

2.4.3.4 Acts performed to settle internal disputes 54

Contents vii

2.4.4 Executive acts 54

2.4.4.1 Introduction 54

2.4.4.2 Logistic acts 55

2.4.4.3 Process acts 55

2.4.4.4 Enforcement acts 56

2.4.5 Definition of “adjudicative jurisdiction” 56

2.5 Relationship between the legislative, executive and adjudicative

jurisdictions 56

2.6 Conclusion 59

3 The ground of State ocean jurisdiction 63

3.1 Introduction 63

3.2 Flag State jurisdiction 66

3.2.1 Introduction 66

3.2.2 Connecting factor 67

3.2.3 Establishment of the legal relationship 69

3.2.4 Evidence of the legal relationship 71

3.2.4.1 The right to fly a flag 71

3.2.4.2 Ship registries 72

3.2.4.3 Nature of the evidence 73

3.2.5 Nature of the legal relationship 76

3.2.5.1 Exclusive competence of every State 76

3.2.5.2 The requirement of genuineness 77

(a) Introduction 77

(b) The existence of the requirement that the link

be genuine 77

(c) The meaning of “genuineness” 82

(i) Introduction 82

(ii) Discussions at the International Law

Commission 84

(iii) Developments at and after UNCLOS I 87

(d) The recognition of genuineness 92

2.2.5.3 Additional requirements and restrictions 95

3.2.6 Cessation and change of the legal relationship 97

3.2.7 Multiplicity of legal relationships 100

3.2.8 Artificial objects other than ships 101

3.3 Coastal zone jurisdictions 102

3.3.1 Introduction 102

3.3.2 Territorial jurisdiction 102

3.3.2.1 Introduction 102

3.3.2.2 The concept of “coastal State” 103

viii  Contents

3.3.2.3 The existence of the marine territory 106

3.3.2.4 The link between the matter and the territory 107

3.3.3 Extraterritorial coastal zone jurisdictions 109

3.3.3.1 Contiguous zone jurisdiction 109

3.3.3.2 Exclusive economic zone jurisdiction 110

3.3.3.3 Continental shelf jurisdiction 111

3.4 Personal jurisdiction 112

3.4.1 Introduction 112

3.4.2 Connecting factor 112

3.4.3 Legal relationship between the State and the person 113

3.4.4 Factual link between the State and the person 114

3.4.5 Link between the matter and the person 115

3.5 Universal jurisdictions 115

3.5.1 Introduction 115

3.5.2 Piracy jurisdiction 116

3.5.3 Slave trade jurisdiction 117

3.5.4 Statelessness jurisdiction 119

3.5.4.1 Introduction 119

3.5.4.2 Vessels without nationality 120

3.5.4.3 Vessels with more than one nationality 121

3.6 Port State jurisdiction 121

3.7 Delegated jurisdictions 122

3.8 Collective jurisdictions 124

3.9 Protective jurisdictions 126

3.10 Conclusion 126

4 The scope of State ocean jurisdiction 129

4.1 Introduction 129

4.2 Flag State jurisdiction 131

4.2.1 Extent of flag State jurisdiction 131

4.2.2 Relationship between flag State jurisdictions 132

4.2.3 Summary 134

4.3 Territorial jurisdiction 135

4.3.1 Extent of territorial jurisdiction 135

4.3.2 Relationship between territorial jurisdictions 137

4.3.3 Relationship between territorial jurisdiction and flag

State jurisdiction 139

4.3.3.1 Introduction 139

4.3.3.2 Legislative jurisdiction 139

4.3.3.3 Executive jurisdiction 141

(a) Principle 141

Contents ix

(b) Innocent passage, transit passage and

archipelagic sea lanes passage 143

(i) Introduction 143

(ii) Innocent passage 143

(iii) Transit passage 145

(iv) Archipelagic sea lanes passage 146

(c) Warships and other government vessels

operated for non-commercial purposes 146

(d) Cases of distress 148

4.3.3.4 Adjudicative jurisdiction 148

4.3.3.5 Relationship outside of the territory of the

coastal State 149

4.3.4 Summary 150

4.4 Personal jurisdiction 150

4.4.1 Extent of personal jurisdiction 150

4.4.2 Relationship between personal jurisdictions 151

4.4.3 Relationship between personal jurisdiction and flag State

jurisdiction 152

4.4.4 Relationship between personal jurisdiction and territorial

jurisdiction 154

4.4.5 Summary 155

4.5 Contiguous zone jurisdiction 155

4.5.1 Extent of contiguous zone jurisdiction 155

4.5.2 Relationship between contiguous zone jurisdictions 159

4.5.3 Relationship between contiguous zone jurisdiction and

flag State jurisdiction 162

4.5.4 Relationship between contiguous zone jurisdiction and

territorial jurisdiction 163

4.5.5 Relationship between contiguous zone jurisdiction and

personal jurisdiction 164

4.5.6 Summary 164

4.6 Exclusive economic zone jurisdiction 165

4.6.1 Extent of exclusive economic zone jurisdiction 165

4.6.1.1 Introduction 165

4.6.1.2 Article 56(1)(a) matters 165

4.6.1.3 Article 56(1)(b) matters 166

(a) Introduction 166

(b) Article 56(1)(b)(i) matters 167

(c) Article 56(1)(b)(ii) matters 167

(d) Article 56(1)(b)(iii) matters 168

4.6.1.4 Extent ratione loci 169

x  Contents

4.6.2 Relationship between exclusive economic zone

jurisdictions 170

4.6.3 Relationship between exclusive economic zone

jurisdiction and flag State jurisdiction 171

4.6.3.1 Introduction 171

4.6.3.2 Article 56(1)(a) jurisdiction 171

4.6.3.3 Article 56(1)(b)(i) jurisdiction 172

4.6.3.4 Article 56(1)(b)(ii) jurisdiction 173

4.6.3.5 Article 56(1)(b)(iii) jurisdiction 174

4.6.4 Relationship between exclusive economic zone

jurisdiction and territorial jurisdiction 175

4.6.5 Relationship between exclusive economic zone

jurisdiction and personal jurisdiction 175

4.6.6 Relationship between exclusive economic zone

jurisdiction and contiguous zone jurisdiction 177

4.6.7 Summary 177

4.7 Continental shelf jurisdiction 178

4.7.1 Extent of continental shelf jurisdiction 178

4.7.2 Relationship between continental shelf jurisdictions 179

4.7.3 Relationship between continental shelf jurisdiction and

flag State jurisdiction 179

4.7.4 Relationship between continental shelf jurisdiction and

territorial jurisdiction 180

4.7.5 Relationship between continental shelf jurisdiction and

personal jurisdiction 181

4.7.6 Relationship between continental shelf jurisdiction and

contiguous zone jurisdiction 182

4.7.7 Relationship between continental shelf jurisdiction and

exclusive economic zone jurisdiction 182

4.7.8 Summary 183

4.8 Universal jurisdictions 183

4.8.1 Extent of the universal jurisdictions 183

4.8.1.1 Introduction 183

4.8.1.2 Extent of piracy jurisdiction 184

4.8.1.3 Extent of slave trade jurisdiction 185

4.8.1.4 Extent of statelessness jurisdiction 185

4.8.2 Relationship between universal jurisdictions 186

4.8.3 Relationship between the universal jurisdictions and flag

State jurisdiction 187

4.8.4 Relationship between the universal jurisdictions and

territorial jurisdiction 187

Contents xi

4.8.5 Relationship between the universal jurisdictions and

personal jurisdiction 188

4.8.6 Relationship between the universal jurisdictions and the

extraterritorial coastal zone jurisdictions 188

4.8.7 Summary 189

4.9 Port State jurisdiction 189

4.9.1 Extent of port State jurisdiction 189

4.9.1.1 Introduction 189

4.9.1.2 Supplementary function 189

4.9.1.3 Environmental protection 190

4.9.1.4 Fisheries 192

4.9.2 Relationship between the port State jurisdictions 195

4.9.3 Relationship between port State jurisdiction and flag

State jurisdiction 195

4.9.4 Relationship between port State jurisdiction and

territorial jurisdiction 195

4.9.5 Relationship between port State jurisdiction and personal

jurisdiction 196

4.9.6 Relationship between port State jurisdiction and the

extraterritorial coastal zone jurisdictions 197

4.9.7 Relationship between port State jurisdiction and the

universal jurisdictions 197

4.9.8 Summary 197

4.10 Delegated jurisdictions 198

4.10.1 Extent of the delegated jurisdictions 198

4.10.2 Relationship between the delegated jurisdictions and

the other jurisdictions 199

4.11 Collective jurisdictions 199

4.11.1 Extent of the collective jurisdictions 199

4.11.2 Relationship between the collective jurisdictions and

the other jurisdictions 200

4.12 Protective jurisdictions 200

4.12.1 Extent of the protective jurisdictions 200

4.12.1.1 Introduction 200

4.12.1.2 Protective jurisdiction exercised for State

security purposes 200

4.12.1.3 Protective jurisdiction exercised for economic

purposes 206

4.12.2 Relationship between the protective jurisdictions 207

4.12.3 Relationship between the protective jurisdictions and

flag State jurisdiction 207

xii  Contents

4.12.4 Relationship between the protective jurisdictions and

territorial jurisdiction 208

4.12.5 Relationship between the protective jurisdictions and

personal jurisdiction 208

4.12.6 Relationship between the protective jurisdictions and

the extraterritorial coastal zone jurisdictions 209

4.12.7 Relationship between the protective jurisdictions and

the universal jurisdictions 209

4.12.8 Relationship between the protective jurisdictions and

port State jurisdiction 210

4.12.9 Summary 211

4.13 Conclusion 211

5 The purpose of State ocean jurisdiction 216

5.1 Introduction 216

5.2 Sovereign equality of States 216

5.3 Mare clausum, mare liberum and the package deal 219

5.4 Teleological principles 223

5.4.1 Introduction 223

5.4.2 Protection of the ius communicationis 224

5.4.3 Avoidance of harm 225

5.4.3.1 Introduction 225

5.4.3.2 Harm to States 225

5.4.3.3 Harm to individuals 227

5.4.3.4 Harm to the cultural and natural

environment 234

5.4.4 Pursuit of equity 238

5.4.5 Integrative cooperation 243

5.5 Purposive parameters 250

5.5.1 Introduction 250

5.5.2 Good faith 251

5.5.3 Abuse of rights 252

5.5.4 Reasonableness 253

5.5.4.1 Introduction 253

5.5.4.2 Performative reasonableness 254

5.5.4.3 Intersective reasonableness 258

5.6 Conclusion 261

6 Conclusion 263

Index/

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.

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.

There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.

Interest in autonomous ships has grown exponentially over the past few years. Whereas a few years ago, the prospect of unmanned and autonomous vessels sailing on the seas was considered unrealistic, the debate now centers on when and in what format and pace the development will take place. Law has a key role to play in this development and legal obstacles are often singled out as principal barriers to the rapid introduction of new technologies in shipping. Within a few years, autonomous ships have turned from a non-issue to one of the main regulatory topics being addressed by the International Maritime Organization. However, the regulatory discussion is still in its infancy, and while many new questions have been raised, few answers have been provided to them to date. Increased automation of tasks that have traditionally been undertaken by ships' crews raises interesting legal questions across the whole spectrum of maritime law. The first of its kind, this book explores the issue of autonomous ships from a wide range of legal perspectives, including both private law and public law at international and national level, making available cutting-edge research which will be of significant interest to researchers in maritime law.

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 key work analyses the disputes between Greece and Turkey as to their respective rights in the Aegean Sea, paying particular attention to the claims regarding territorial waters, the continental shelf, and the yet to be declared exclusive maritime zones in the area. While many earlier studies have concentrated on political factors, this study provides an exhaustive analysis of the relevant principles of international law in general and rules and principles of maritime law in particular, identifying the legal principles appropriate to the settlement of the Aegean dispute. With this regard, it makes a detailed examination of all the related aspects of the Aegean Sea and its islands, as well as the legal arguments of Greece and Turkey on the disputes concerned. It also clarifies the prospects for settling the dispute on the basis of international law, either by the two parties involved, or by the intervention of a third party such as the International Court of Justice. As such, it offers an important study of a particular problem, but one that can be used as a case study for other international disagreements.

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.

The ocean and its inhabitants sketch and stretch our understandings of law in unexpected ways. Inspired by the blue turn in the social sciences and humanities, Blue Legalities explores how regulatory frameworks and governmental infrastructures are made, reworked, and contested in the oceans. Its interdisciplinary contributors analyze topics that range from militarization and Maori cosmologies to island building in the South China Sea and underwater robotics. Throughout, Blue Legalities illuminates the vast and unusual challenges associated with regulating the turbulent materialities and lives of the sea. Offering much more than an analysis of legal frameworks, the chapters in this volume show how the more-than-human ocean is central to the construction of terrestrial institutions and modes of governance. By thinking with the more-than-human ocean, Blue Legalities questions what we think we know-and what we don't know-about oceans, our earthly planet, and ourselves. Contributors. Stacy Alaimo, Amy Braun, Irus Braverman, Holly Jean Buck, Jennifer L. Gaynor, Stefan Helmreich, Elizabeth R. Johnson, Stephanie Jones, Zsofia Korosy, Berit Kristoffersen, Jessica Lehman, Astrida Neimanis, Susan Reid, Alison Rieser, Katherine G. Sammler, Astrid Schrader, Kristen L. Shake, Phil Steinberg

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.

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.

Laws of the Sea assembles scholars from law, geography, anthropology, and environmental humanities to consider the possibilities of a critical ocean approach in legal studies. Unlike the United Nations' monumental Convention on the Law of the Sea, which imagines one comprehensive constitutional framework for governing the ocean, Laws of the Sea approaches oceanic law in plural and dynamic ways. Critically engaging contemporary concerns about the fate of the ocean, the collection's twelve chapters range from hydrothermal vents through the continental shelf and marine genetic resources to coastal communities in France, Sweden, Florida, and Indonesia. Documenting the longstanding binary of land and sea, the chapters pose a fundamental challenge to European law's "terracentrism" and its pervasive influence on juridical modes of knowing and making the world. Together, the chapters ask: is contemporary Eurocentric law-and international law in particular-capable of moving away from its capitalist and colonial legacies, established through myriad oceanic abstractions and classifications, toward more amphibious legalities? Laws of the Sea will appeal to legal scholars, geographers, anthropologists, cultural and political theorists, as well as scholars in the environmental humanities, political ecology, ocean studies, and animal studies.

Maritime Security: An Introduction, Second Edition, provides practical, experience-based, and proven knowledge - and a "how-to-guide" - on maritime security. McNicholas explains in clear language how commercial seaports and vessels function; what threats currently exist; what security policies, procedures, systems, and measures must be implemented to mitigate these threats; and how to conduct ship and port security assessments and plans. Whether the problem is weapons of mass destruction or cargo theft, Maritime Security provides invaluable guidance for the professionals who protect our shipping and ports. New chapters focus on whole government maritime security, UN legal conventions and frameworks, transnational crime, and migration. Updates throughout will provide the latest information in increasingly important field.