This book analyses the European legal framework on inland water transport in light of the most recent legislation adopted and how the main Member States of Central Western Europe have implemented it. Specifically, the book provides an innovative tool of analytical and systematic study of the various legislative EU measures that regulate the inland waterways transport sector, as well as for the comparative study and analysis of the relevant measures of implementation adopted by the afore-mentioned Member States. Each EU legislative measure is first explained in general terms and then commented on in detail with a specific analysis of the most significant articles, following a precise logical sequence of the topics; the corresponding national implementing measures are also examined in detail* describing any different ways of transposing the EU regulation, also with regard to any differences in approach by the Member States relative to the possibility of any derogations or exemptions from compliance with some measures, which is often provided for by the EU regulation. This approach is significantly useful for (i) a more systematic and user-friendly understanding of the EU regulatory framework, (ii) an equally better understanding of how EU measures have been transposed into national legislation and (iii) a revision of this European and domestic legislation, where appropriate. Furthermore, the book is very useful for policy-makers of countries that are not members of the European Union (i.e. policy-makers from countries worldwide that have inland waterways), as they will have a reference tool to evaluate the possibility of reviewing their own regulation with a view to making it more similar to the EU one should the latter be better. While preparing the book, analyses of the preparatory work of the legislation played a great role, as they are very useful for better understanding the legislative initiatives and the reasons for the choices made. Analysis of the doctrine and jurisprudence also played a great part. This allows the reader to have a thorough understanding of the subject from a scientific point of view and from the point of view of practical application.

The seaworthiness of merchant ships plays a critical role in ensuring the safety of life and property and the prevention of marine pollution. It deals with the fitness and readiness of a ship and its fundamental ability to sail safely to its destination. The standards of seaworthiness extend to literally all aspects of a ship, including the human element, physical structure, documentation, cargo worthiness and so on. It is one of the most complicated concepts in the maritime regulatory regime, and it takes many forms. However, although one of the most important terms in maritime transportation and ship management, seaworthiness is not an absolute concept, but a relative one, dependent on the particular environment, context and facts, and the standards of seaworthiness have changed greatly with the introduction of new maritime regulations over the years. The existing literature on seaworthiness is found within a variety of dedicated articles or book chapters. This book summarizes all that information in one publication and provides an update on key books that are now more than a decade old. In addition, it also offers more detail on specific aspects that are rarely discussed on their own. The reader will gain an understanding of the constituent features which colour its application in sovereign jurisdictions, where each have their own, often conflicting, social or geopolitical priorities to meet. Each chapter relies heavily on case studies to illustrate how the laws which reflect private laws and national policy underpinning those priorities are applied in practice. This structure then enables an understanding of the problems in the carriage of goods by sea, with a view to offering options for solutions. The book is written to meet the needs of lawyers, maritime professionals and academics, to thoroughly explain the concept of seaworthiness and the relevant legal issues.

This work discusses the rapidly developing European transport policy on sustainable freight and the connected efforts initiated by the European Commission (EC) on greening transport by the means of contract law. Greening transport has been a central goal for the EU for decades. The main problem has been, and still is, that far too much carriage of goods within the EU is performed unimodally: by road carriage alone. This has caused severe problems particularly in central Europe, where both trade and environment is suffering from an ineffective transport industry with growing problems of congestion and pollution. A modal shift in transport from mainly road based to a form of transport in which more environmental friendly modes such as rail, inland waterways and sea born transport are integrated into one transport chain, is hence an objective of the EU. If successful, this model could then be extended to the international transport community. The key question raised in this book is whether the traditional role of contract law is changing to such an extent that the parties involved must take external interests into account. In the case of the EU's efforts to enhance sustainable carriage of goods within its realm, the author explores whether governmental interference is necessary, or if we can trust that the parties will integrate environmental issues into their contracts because there is a demand for such clauses. The different proposals for an EU regime on multimodal contracts of carriage are discussed in this context. This book will be of great relevance to academics and practitioners with an interest in EU law, transport law, environmental law and maritime law in general.

Both China and Europe have a long tradition of commercial and maritime law; and this new book examining various topics from their particular perspectives is both timely and important. It links the vital component of maritime law with commercial law, financial law and trade policy. The book has performed a remarkable task in making connections between China and Europe through the lenses of substantive and procedrual laws, covering a wide range of areas, including commercial law, insurance law, salvage, EU maritime law and Brexit, carriage of goods by sea, arbitration, mediation, litigation, the recently formed China International Commercial Court, and different liability regimes, as well as a brief look forward into new initiatives and artificial intelligence in the digital age. In these challenging times, we all have much to learn from each other in seeking to find answers to what are often difficult problems. This book provides a welcome opportunity for anyone interested in commercial and maritime law to engage in that learning exercise and, looking ahead, thereby to help solve such problems as may arise in the future - in a practical and fair manner. It is therefore of great relevance to both the academic field and the legal practice field in China and Europe.

First published in 1987, Maritime Boundaries and Ocean Resources is a collection of essays which examines the political jurisdiction of ocean boundaries and the affects that this has on the world's oceans. It examines how the intensification of ocean use has raised questions of how rational planning, and the management of the oceans can avoid increasingly environmental damage and sea use conflict and examines the ocean as a tool for space, trade and communication. It also addresses the creation of integrated regional planning for ocean management.

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.

To celebrate the 25th anniversary of the first edition of Nautical Rules of the Road, Cornell Maritime Press has released a 4th Edition. This updated book has an easy-to-follow layout that aligns the International Rules with the corresponding Inland Rules. In addition to being highly descriptive, Nautical Rules of the Road, 4th Edition by Steven D. Browne, with early authors Larry C. Young and B. A. Farnsworth, gives the current rules as of publication and explicit comments to help readers thoroughly understand each rule. Some of the items detailed are proper lookout information to prevent collisions, positioning of light shapes, signals for fishing vessels fishing in close proximity, technical details of sound signal appliances, and violations of Inland Navigation Rules and Regulations, including penalties for negligent operations. To aid in Coast Guard examinations, the final chapter gives multiple choice, practice questions to test the reader's knowledge on the information found within the entire book. In addition, there is a descriptive study outline. Professional and recreational boaters alike need the new Nautical Rules on their vessels before leaving port. Don't toss your lines without it.

This book presents a comparative study on various issues regarding legal aspects of cruises - mainly, the importance of the cruise business, the impact of cruise tourism, general and specific rules applicable to cruises, liability issues, cruise passengers as consumers, package travel, labor rules for cruise workers, relevant rules on ports (e.g. on taxes, costs and rates charged to cruises in different ports), rules on the environmental impact of cruises, jurisdiction, arbitration, and choice of law in cruise contracts, and general conditions used by companies offering cruise services - in order to identify the current sources of law on these matters and determine whether or not they are appropriate and sufficient. Combining a general report with individual national reports, the book offers not only a general overview, but also the perspectives of selected jurisdictions in the Americas, Europe and Asia, namely: Argentina, Belgium, Bulgaria, Germany, Japan, Poland, Romania, Spain, Turkey, the United States, and Uruguay.

This book addresses the environmental, legal, social, and economic aspects of corporate social responsibility in the maritime industry. It discusses the voluntary aspects of the CSR concept and how the lines between informal and formal rules are merging and becoming fuzzy. Further, it shows how regulation is enhancing responsibility and sustainability in the maritime industry.The book gathers the experiences of the WMU, IMO, UN and public and private actors in developing and developed countries in the maritime industry.

- A unique guide, based on several decades' successful experience pursuing claims for fresh produce importers and exporters. - Provides lawyers with detailed insight into what they need from their clients in order to progress their claims. - Enables underwriters to better envisage their clients' risks when drafting policy cover and considering subsequent recoveries following claim settlements. - A detailed guide for shippers and Importers to enable them to both best protect their Interests when suffering losses and to best position themselves for successful claims.

The purpose of the legislation discussed in chapter 1 is to do the following: support national defense and the United States Merchant Marine by authorizing the Maritime Administration (MARAD) for fiscal year (FY) 2019, including the National Security Multi-Mission Vessel Program; implement Department of Transportation (DOT) Office of Inspector General (OIG) recommendations to improve protections and incident reporting related to sexual assault and harassment; improve merchant mariner training for cadets by providing additional opportunities for on-the-job experience via the Sea Year program and by supporting State Maritime Academy training vessels; and create new opportunities for domestic ship recycling by streamlining the import process. Chapter 2 discusses the National Marine Sanctuary Act, which grants the Secretary of Commerce the authority to designate areas of additional restriction and management over areas in Americas oceans and Great Lakes and their unique conservation, cultural, or historic significance. Federal agencies respond to abandoned and derelict vessels (ADV) in accordance with federal law, interagency agreements, and funding availability. Chapter 3 reviews actions federal and state agencies have taken to address ADVs in U.S. waterways. This chapter examines (1) key factors that guide how federal agencies respond to ADVs; (2) the extent federal agencies track ADVs and their expenditures for responding to them; and (3) actions states have taken to address ADVs and the factors they cite as affecting their efforts. On January 1, 2020, new, more stringent maritime emission regulations are scheduled to take effect for all ocean-going vessels as reported in chapter 4.

Chapter 1 examines the implementation of certain Coast Guard programs, including those involving performance monitoring, the Services Capital Investment Plan, and commercial fishing vessel safety. Chapter 2 discusses Coast Guard and maritime transportation programs. Chapter 3 reviews the fiscal year 2019 budget request for the Coast Guard and maritime transportation programs.

This is the fourth, revised and updated, edition of Geoffrey Till's Seapower: A Guide for the Twenty-first Century. The rise of the Chinese and other Asian navies, worsening quarrels over maritime jurisdiction and the United States' maritime pivot towards the Asia-Pacific region reminds us that the sea has always been central to human development as a source of resources, and as a means of transportation, information-exchange and strategic dominion. It has provided the basis for mankind's prosperity and security, and this is even more true in the early twenty-first century, with the emergence of an increasingly globalised world trading system. Navies have always provided a way of policing, and sometimes exploiting, the system. In contemporary conditions, navies, and other forms of maritime power, are having to adapt, in order to exert the maximum power ashore in the company of others and to expand the range of their interests, activities and responsibilities. While these new tasks are developing fast, traditional ones still predominate. Deterrence remains the first duty of today's navies, backed up by the need to 'fight and win' if necessary. How navies and their states balance these two imperatives will tell us a great deal about our future in this increasingly maritime century. This book investigates the consequences of all this for the developing nature, composition and functions of all the world's significant navies, and provides a guide for anyone interested in the changing and crucial role of seapower in the twenty-first century. Seapower is essential reading for all students of naval power, maritime security and naval history, and highly recommended for students of strategic studies, international security and international relations.

The book is concerned with the harmonisation of maritime safety legal systems in Europe. It describes maritime safety legal systems in selected European countries as well as maritime safety issues from the perspective of the International Maritime Organisation, European Union, and European Free Trade Association. Distinguished scholars from Europe's leading maritime law academic centres present national perspectives of maritime safety systems, questioning whether the adopted national solutions guarantee the compatibility with IMO and EU legal regime, as well as assessing the global and EU system. Moreover, the book seeks to provide some answers as to whether the IMO goals on maritime safety are adequate in light of current safety challenges and how to achieve higher level of enforcement of internationally-recognised maritime safety standards. It will be of great assistance to those readers who need to familiarize themselves with current problems inherent in maritime safety, whether that be lawyers, scholars, professional mariners, or national institutions.

The proposed book draws on the on-going South China Sea dispute, and the multifaceted challenges wrought by the South China Sea issue that requires an inter-disciplinary perspective. It employs legal-analytical methods, to emphasize the nuances of the role and interpretation of international law and treaties by China in different periods, while taking into account policy and strategic concerns, which generally cast great sways in decision-making. The re-introduction of interdisciplinary concerns straddling law and history illustrates that the historical dimension, which has long been neglected, is an emerging concern that poses looming dangers that may unexpectedly radicalize the friction. Contributing to debunking the mystique wrought by confrontations between a historical and a law-dominated perspective, these perspectives are supported by a more nuanced analytical framework, featuring theoretical concerns with a tinge of practicality. The South China Sea Dispute aims to unveil a nuanced evolution of the issue with a confluence of inter-temporal law, policy and maritime practices in the South China Sea.

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

This book discusses in a concise manner the key aspects that are important for the understanding of regulations and managerial framework governing marine pollution. It identifies the practical context in which marine pollution comes into play and addresses the international legal regime governing the numerous sources of marine pollution, as well as the ways in which these regulations affect the conduct of day-to-day shipping operations. With illustrations, case studies, emphasis boxes, references to case law and to national jurisdictions and other tools facilitating understanding and knowledge, readers will find helpful guidance on: the sources of marine pollution (including ship-source pollution and pollution from the offshore oil and gas sector); the forms of cooperation needed in order to tackle the prevention, management and response to marine pollution; overview of MARPOL Convention, other key IMO conventions, and selected regional regimes; legal ramifications, including P & I Clubs and limitation of liability; involvement of the flag State, coastal State and port State; industry best practice; the human element Marine Pollution Control will be a useful guidance tool for shipping Industry professionals, (P & I) Clubs, Legal practitioners, maritime administrators, as well as academics and students of marine pollution.

This book presents a comparative study on various issues regarding legal aspects of cruises - mainly, the importance of the cruise business, the impact of cruise tourism, general and specific rules applicable to cruises, liability issues, cruise passengers as consumers, package travel, labor rules for cruise workers, relevant rules on ports (e.g. on taxes, costs and rates charged to cruises in different ports), rules on the environmental impact of cruises, jurisdiction, arbitration, and choice of law in cruise contracts, and general conditions used by companies offering cruise services - in order to identify the current sources of law on these matters and determine whether or not they are appropriate and sufficient. Combining a general report with individual national reports, the book offers not only a general overview, but also the perspectives of selected jurisdictions in the Americas, Europe and Asia, namely: Argentina, Belgium, Bulgaria, Germany, Japan, Poland, Romania, Spain, Turkey, the United States, and Uruguay.

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 book, written in three parts, covers the basics of the international trade, financing and the legal framework related to the law of carriage of goods by sea, elaborates on bills of lading in depth and sea waybills and ship's delivery orders in brief and charterparties in depth. While the book is based on the English law, cases and materials from other jurisdictions, particularly Singapore, Malaysia, India, the USA, and Australia are brought in to provide an international perspective. The practical analyses, commentary and critiques of cases would be a useful guide for practitioners in developing case arguments. Although written with practitioners, academicians and students in mind, the book will also serve as a useful guide for sea carriers, freight forwarders, international traders, financiers, etc. as the complex subject is presented in reader-friendly and easy to grasp manner.

This book analyses the impact of two vital and contemporary developments on shipping law and practice: disruptive technologies and climate change. It considers the impact of these new technologies, honing in on likely emerging issues and unresolved questions, especially about existing and potential private law liabilities and concentrates, from the point of view of English, EU and international law, on the legal implications of climate change and associated environmental risks in the shipping sector. Written by a contributor team drawn from the most experienced and knowledgeable academics and practitioners in shipping law, this treatment of these growing areas of practice will be of great use to lawyers and administrators across the world.

This book is the first of its kind to explore the problems inherent in the unification of maritime law. Featuring contributions from leading experts at European maritime law research centres, it considers international conventions, current maritime practice, standard forms and recently adopted or drafted national codifications of maritime law from the codification point of view. The book is divided into four parts which represent different views on the main topic. Part I gathers chapters dedicated to different aspects and methods of unification of maritime law on a global scale, as well as several specific issues of maritime law from the regulatory point of view. Part II of the book consists of those papers that centre around the issue of transport of goods. Part III is dedicated to codifications of carriage of passengers, cruise law and leisure navigation. Finally, Part IV addresses national codifications of maritime law. Codification of Maritime Law: Challenges, Possibilities and Experience seeks to provide common ground for future unification of maritime law, which makes the book useful both for private and public maritime lawyers and states' maritime administrations worldwide.

Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. Other than conventions and customary international law, there is a plethora of international agreements that influence international conduct. This 'soft law' or 'informal law' is now prolific in ocean governance, and so it is time to consider its significance for the law of the sea. This monograph brings together women law-of-the-sea scholars with expertise in specific areas of the law of the sea, as well as international law more generally. Informal lawmaking is examined in relation to ocean resources, maritime security, shipping and navigation, and the marine environment. In each instance, there are reflections on the diverse actors, processes, and outputs shaping the regulation of the oceans. The analyses in this book further consider what this activity means within the rules on the sources, formation, and interpretation of international law. The growing reliance on informal agreements to fill legal gaps provides quick responses to pressing matters. We must assess and understand these new forms of cooperation in order to influence existing treaties or customary international law. Unconventional Lawmaking in the Law of the Sea surveys the scope of informal lawmaking in the law of the sea and evaluates the significance of this activity for the UN Convention on the Law of the Sea, as well as for ocean governance more broadly, now and in the future.

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.