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Books > Law > International law > Public international law > International law of transport & communications > International maritime law
The new edition of this British Insurance Law Association
(BILA)-award winning text is the definitive reference source for
marine cargo insurance law. Written by an author who was closely
involved with the revisions to the Institute Cargo Clauses 2009,
the work expertly examines marine cargo insurance by reference to
important English and foreign legal cases as well as the Marine
Insurance Act 1906. Logically arranged to reflect the structure of
the Institute Cargo Clauses, the most widely used standard form of
cover, this text offers easy to find solutions for today's busy
practitioner. New to this edition: Completely revised to include
the Insurance Act 2015 (duty of fair presentation; warranties,
fraudulent claims) Brand new chapter on the revised Institute
Ancillary and Trade Clauses, including those to be introduced on 1
November 2015 Increased coverage of jurisdiction and choice of law,
particularly taking into account the Rome I Regulation Enhanced
coverage of the issue of Constructive Total Loss Consideration of
the Law Reform Commission's proposals for the reform of insurance
law, and further amendments to the Marine Insurance Act 1906.
Covers latest developments in the Enterprise Bill for damages for
late payment of claims Fully updated with all of the influential
cases since 2009, including: The Cendor MOPU, one of the most
important marine insurance cases of the last 50 years. Clothing
Management v Beazley Solutions Notable hull cases such as Versloot
Dredging v HDI Gerling on fraudulent devices Influential foreign
cases taken from this book's sister text, International Cargo
Insurance This unique text is a one-stop resource for marine
insurance lawyers handling cargo claims, and will also be of
interest to students and researchers of maritime law.
Written by a team of acclaimed practitioners and leading academics,
this book brings together in one single volume an analysis of
contemporary legal issues concerning ship building, sale and
finance contracts. It offers a comprehensive, expert and thoroughly
practical guide on what is a very complex area of law in today's
international shipping industry. The book presents a detailed and
critical analysis of standard and non-standard shipbuilding and
sale contracts, including vital but often overlooked issues such as
payment and refund guarantees, which have been at the forefront of
recent litigation and practice. It also critically and thoroughly
analyses several types of standard insurance contracts, including
shipbuilder's risks and mortgagee's interests, which are not
adequately dealt with elsewhere and it provides a critical and
contemporary discussion on the legal and practical issues
surrounding ship finance, ship mortgages and more esoteric issues
such as the use of bareboat charters and financial derivatives.
This book is an indispensable guide for legal practitioners,
academics and industry professionals worldwide. The book is divided
into 3 parts; Legal Issues relating to Ship Building, Ship Sale
Contracts and Practice, and Legal and Practical Issues relating to
Ship Finance. Each has been expertly contributed to by the leading
practitioners and academics in the field from top firms, chambers
and institutions including; Ince & Co, Quadrant Chambers,
Haynes and Boone CDG, LLP, Holman Fenwick Willan LLP, Watson Farley
& Williams LLP, 7 Kings Bench Walk, and Institute of
International Shipping and Trade Law (IISTL) of Swansea University.
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:
- The history of indemnity contracts and letters of
indemnity
- Shipping and international trade contexts where letters of
indemnity are used
- GAFTA sale contract forms and standard letter of indemnity
P&I Clubs forms
- The enforceability of maritime letters of indemnity
- The rights and liabilities for sellers, buyers, banks and ship
owners which arise from the use of letters of indemnity
- The impact on the system based on the use of bills of lading
and on electronic bills of lading
- Policy issues arising from the use of letters of indemnity in
practice and of the practicalities of litigation involving letters
of indemnity.
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
International Cargo Insurance examines the law and practice of
marine cargo insurance on a worldwide basis, and provides the busy
practitioner the information needed to quickly and accurately
resolve cargo insurance coverage issues, wherever they may arise.
The book concentrates on the law in the United States and England.
It then examines other countries with a common law tradition
including Hong Kong, Singapore, Japan and Australia. The civil law
systems are highlighted in a number of key trading nations: Italy,
Germany, France and Norway. The book includes chapters on South
Africa as well as the People's Republic of China. It concludes with
a comparative law chapter concentrating on issues that arise in
practice in cargo coverage cases. This chapter also examines how
the Institute Cargo Clauses have been construed by Courts
worldwide. The appendices include the standard cargo policy
insurance terms used in each jurisdiction, some translated for the
first time for this volume, as well as translations of the relevant
statutes and commercial codes, many not available elsewhere.
P&I Clubs Law and Practice 4th edition is a detailed but
easy-to-follow account of the constitution, workings and daily
practice of mutual and indemnity clubs. Designed to be a practical
reference source for anyone who is in any way involved with mutual
insurance, it offers comprehensive guidance on the complex area of
P&I Clubs. Product Description The new 4th edition has been
fully revised and updated since the last edition was written in
1999. New areas emphasised in the 4th edition include: Piracy
Charterers liability insurance Defence Cover Disputes concerning
the Inter-Club Agreement Enforceability of arbitration agreements
in the Clubs Rules. The Clubs obligation to, (i) make direct
payments under certificates, (ii) pay death/personal injury claims
in the event of a Members insolvency, and (iii) responsibility for
indivisible personal injury claims. It also covers recent major
legislative and related developments such as (i) the entry into
force of the Bunker Con
In the late twentieth century, as the United Nations struggled to
come up with a new legal system for the oceans, one woman saw the
opportunity to promote radical new ideas of justice and
internationalism. Ocean governance expert Elisabeth Mann Borgese
(1918-2002) spent decades working with the United Nations Law of
the Sea Convention. Throughout this sprawling series of global
conferences, she navigated allegiances and enmities, intrigues and
setbacks, fighting determinedly to develop a just ocean order.
Featuring extensive research and new interviews with Mann Borgese's
colleagues and family, this book explores timeless questions of
justice and international collaboration and asks whether the
extraordinary drive and vision of a single person can influence the
course of international law.
The right of transit passage in straits and the analogous right of
archipelagic sealanes passage in archipelagic states, negotiated in
the 1970s and embodied in the 1982 UNCLOS, sought to approximate
the freedom of navigation and overflight while expressly
recognising the sovereignty or jurisdiction of the coastal state
over the waters concerned. However, the allocation of rights and
duties of the coastal state and third states is open to
interpretation. Recent developments in state practice, such as
Australia's requirement of compulsory pilotage in the Torres
Strait, the bridge across the Great Belt and the proposals for a
bridge across the Strait of Messina, the enhanced environmental
standards applicable in the Strait of Bonifacio and Canada's claims
over the Arctic Route, make it necessary to reassess the whole
common law of straits. The Legal Regime of Straits examines the
complex relationship between the coastal state and the
international community.
This publication examines how smart ports in the Pacific can
support trade, resilience, and more inclusive economic growth.
Maritime trade is an essential lifeline for the island nations of
the Pacific. This study explores how to adapt international smart
port best practices to the Pacific context. It suggests how to
achieve short-term "wins" by implementing technology and business
process solutions, and provides a strategic framework for
developing more robust smart port ecosystems over time.
Port State Control, Second Edition is a comprehensive publication
dealing with the full implications and regulations of port State
control. It provides a detailed analysis of the legal framework
relating to port State control, including the most recent
developments in this area. It covers not only the regional
agreements on port State control and the EU legislation on this
subject but also the background of the port State control process,
its implications in practice and its effect on the ISM Code and the
classification societies. The book covers topics such as:
Amendments and changes to the regional port state control systems
The addition of an appeal procedure to the Paris MOU Issues related
to the ports of refuge and the urgency for authorities to draw up
appropriate plans for places of refuge following the recent
incidents The ISPS Code for maritime security in the light of newly
recognised vulnerability against terrorist attacks Update to
Equasis Progress with Qualship regime under US Port State Control
system. This book will be an invaluable reference tool for shipping
lawyers around the world.
This volume focuses on current issues affecting the market with
regard to marine insurance. Written by a team of leading academics
and practitioners, it analyzes the contemporary questions and
debates in the law arising out of market practice and provides an
up-to-date analysis of the law of marine insurance. Topics covered
include:- held covered clauses, incorporation of terms into
reinsurance contracts, valued policies, insurable interest,
warranties, wilful misconduct, counter-claims by insurers and
jurisdiction. It also provides an comparative analysis of the law
and practice in Europe, Australia and the USA. Cumulatively the
contributions provide a comprehensive statement of the modern law
and practice of marine insurance.
Improving seaport infrastructure and trade practices can reduce the
cost of goods and services and improve the quality of life for
communities across the Pacific. This study reviews trade patterns
and provides recommendations on regional approaches to help address
shared constraints such as climate change and exposure to external
shocks. It looks at how trade flows in the Pacific are changing,
how growth will affect seaport operations and shipping services,
and how trade efficiency can be improved.
Miller's Marine War Risks is the only book devoted to drawing
together and analysing the insurance of commercial shipping against
war risks. It merges analysis of the legal principles, case law,
and legislation with the practice of the insurance market in order
to provide commentary on difficult questions concerning
liabilities, claims, and coverage. With global events becoming more
uncertain in the Gulf and elsewhere, the updating of Michael
Miller's classic text will be of great use to legal practitioners,
the insurance market, and the shipping industry throughout the
world.
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