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Books > Law > International law > Public international law > International law of transport & communications > International maritime law
Oil and natural gas, which today account for over 60% of the world's energy supply, are often produced by offshore platforms. One third of all oil and gas comes from the offshore sector. However, offshore oil and gas installations are generally considered intrinsically vulnerable to deliberate attacks. The changing security landscape and concerns about the threats of terrorism and piracy to offshore oil and gas installations are major issues for energy companies and governments worldwide. But, how common are attacks on offshore oil and gas installations? Who attacks offshore installations? Why are they attacked? How are they attacked? How is their security regulated at the international level? How has the oil industry responded? This timely and first of its kind publication answers these questions and examines the protection and security of offshore oil and gas installations from a global, industry-wide and company-level perspective. Looking at attacks on offshore installations that occurred throughout history of the offshore petroleum industry, it examines the different types of security threats facing offshore installations, the factors that make offshore installations attractive targets, the nature of attacks and the potentially devastating impacts that can result from attacks on these important facilities. It then examines the international legal framework, state practice and international oil and gas industry responses that aim to address this vital problem. Crucially, the book includes a comprehensive dataset of attacks and security incidents involving offshore oil and gas installations entitled the Offshore Installations Attack Dataset (OIAD). This is an indispensable reference work for oil and gas industry professionals, company security officers, policy makers, maritime lawyers and academics worldwide.
This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 11th International Colloquium, held at Swansea Law School in September 2015. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding international sale and carriage contracts. The book is set out in three parts: Part I offers a detailed and critical analysis on emerging issues and unresolved questions in international sales and the carriage contracts affected to facilitate such sales. Part II critically and thoroughly analyses the legal issues that often arise in the context of security over goods, letters of credit and similar documents. Part III is dedicated to a critical and up-to-date discussion on matters concerning cargo insurance in this context. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in international trade and carriage of goods.
This book offers an original academic study of the Rotterdam Rules. It analyses the salient articles that will have an impact on international sale contracts governed by English law, including the most popularly used international law instruments, terms and standard sale contracts. Looking beyond the legal relationship of carrier-shipper and carrier-receiver, this book examines the important articles of the Rotterdam Rules that affect the ability of the trading protagonists to perform their sale contract.
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.
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.
The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and mineral resources in the disputed waters, creating an urgent need for a meaningful discussion on finding a practical way forward. This monograph undertakes a comprehensive analysis of these disputes based on the rules and principles of international law, critically evaluating possible institutional designs of inter-State cooperation over seabed activities in disputed maritime areas and makes recommendations for the prospect of realising joint development regimes in the East China Sea and the Aegean to coordinate the exploration for and exploitation of resources without having resorted previously to boundary delimitation settlement.
Written by a combination of top academics, industry experts and leading practitioners, this book offers a detailed insight into both unimodal and multimodal carriage of goods. It provides a comprehensive and thoroughly practical guide to the issues that matter today on what is a very complex area of law. From the papers delivered at the 8th International Colloquium organised by Swansea Law School's prestigious Institute of International Shipping and Trade Law, this original work considers current opinions, trends and issues arising from contracts of carriage of goods by sea, land, air, and multi-modal combinations of these, not to mention the legal position of vital participants such as freight forwarders, terminal operators and cargo insurers. The topics under discussion range through issues such as paperwork, piracy, liability for defective containers, damage in transit, the CMR Convention, and the possible effects of the Rotterdam Rules. An indispensable resource for transport lawyers, industry professionals, academics and post-graduate students of maritime law.
Probably the core characteristic of a bill of lading is that the original bill of lading must be presented at the port of destination for a consignee to be entitled to delivery of the goods and for the carrier to get a good discharge of its delivery obligation by delivering the goods to said consignee. This notion is accepted virtually worldwide, but the more precise content of the "presentation rule" differs from jurisdiction to jurisdiction. Furthermore, and of importance, the legal basis establishing the "presentation rule" differs. With the technological advances in maritime transport as well as in communications technology and the emergence of more complicated trading patterns, a system where a specific tangible piece of paper issued at the port of loading has to be presented at the port of discharge to obtain delivery of the goods seems almost archaic and can obviously create problems. Thus, in practice very often - especially in some trades such as the oil trade - the bill of lading is not available at the port of discharge when the ship is ready to deliver the cargo. The book will first analyse the "presentation rule", its finer contents and its legal basis. It will then go on with (legal) analyses of three developments and responses to the problems that the bill of lading system gives rise to in practice, viz. the commercial, the international legislature's, and the technological response. The commercial response analysed here consists of contractual exemption or limitation clauses in the bill of lading set up as a defence against claims for misdelivery. The international legislature's response denotes the adoption of the Rotterdam Rules which as the first international convention on carriage of goods by sea includes elaborate rules on delivery of the goods. Finally, the technological response denotes the possibility of using electronic (equivalents of) bills of lading. The analyses will include a comparative approach examining both English and Scandinavian law to elucidate the issues with greater clarity.
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.
The 9/11 terrorist attacks prompted a new urgency in efforts to deal with chemical, biological, radiological and nuclear proliferati on. The potential acquisition and use by terrorist groups of such weaponry was suddenly a much increased threat. The G8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction subsequently encouraged some twenty-two countries and the European Union to pledge up to $20 billion to address this challenge. The creation of the Global Partnership was the first time so many countries agreed to collaborate on a range of non-proliferation, security and nuclear safety programmes, as well as commit such an amount of resources to them. Based on extensive primary research, this Whitehall Paper assesses the success and shortcomings to date of the Global Partnership, and suggests how the mechanism can be bolstered and taken forward.
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.
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'.
Now presented in two convenient volumes, the sixth edition of Berlingieri on Arrest of Ships is an invaluable source of information, detailing the claims in respect of which a ship may be arrested, the conditions for obtaining an order of arrest, the need for a security, the manner by which the ship that has been arrested may be released, the possibility of a multiple arrest and the jurisdiction on the merits. Focused on the 1952 Arrest Convention, volume I provides a unique, thorough, and updated commentary, analysing each provision with reference to its interpretation in a significant number of States Parties. Moreover, the original comments have been reviewed on the basis of the Travaux Preparatoires of the Convention, which the Author has collected and arranged under each article. In addition to this, the Travaux Preparatoires are now included as a new and important appendix to the volume. Written by a renowned expert in the field, and analysing the various conventions relating to the arrest of ships in an article-by-article and paragraph manner, this book is a useful reference tool for practitioners, as well as academics and post-graduate students of maritime law.
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.
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.
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.
This unique new title provides expert, hands-on advice as to the law and practice of the maritime letter of indemnity. Detailing the variety of implications that can arise from each type of letter, the authors bring this important and litigious subject to the fore with a view to reducing the commercial and legal risks involved in this core area of shipping and international trade. Key features of this title include detailed legal analysis of:
As the only text currently on the market covering maritime letters of indemnity in such detail, this book will be an indispensable guide for maritime lawyers, professionals and academics alike, as well as shipowners, charterers, commodity traders and trade finance professionals
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. |
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