The Law of Shipbuilding Contracts examines the principles of English contract law as these apply to shipbuilding. The leading text on shipbuilding and marine construction, widely used by the global maritime community, this new edition is updated to account for the "long tail" effects of the global economic crisis on the sector. The authors provide expert analysis on the key shipbuilding contract forms, including sections dealing with agreements ancillary to the shipbuilding contract and ship conversion contracts, together with - for the first time - contracts for the construction of offshore oil and gas vessels and units. The new edition has been comprehensively updated, including commentary on recent High Court decisions on shipbuilding contracts and, in particular, associated refund guarantees. The contractual and legal consequences of global economic turbulence and the resultant increase in the number and size of disputes in the shipbuilding sector are discussed, alongside coverage of other contemporary regulatory and legal issues resulting from environmental pressures and the trend for "cleaner", more efficient tonnage. A comprehensive and authoritative resource, this book is essential reading for buyers and charterers of newbuilding tonnage, shipbuilders and offshore construction yards, shipbrokers, banks and other finance providers, lawyers and insurers working in the maritime and offshore oil and gas sectors, as well as students of maritime law.

This publication lists all current developments on national legislation, declarations and treaties on maritime jurisdiction that have been adopted since the enactment of the 1982 United Nations Convention on the Law of the Sea. The information is listed by states in alphabetical order and the treaties are included in the chronological order of their adoption.

This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 12th International Colloquium at Swansea Law School in September 2016. 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 charterparties. The book is set out in three parts. -Part I offers a detailed and critical analysis of issues of contemporary importance concerning time charters. -Part 2 carries out a similar analysis with regard to voyage charterparties. -Part 3 deliberates issues common to both type of charterparties. Offering critical analysis of contemporary legal issues on charterparty contracts, this book considers recent legal and practical developments and is therefore essential reading for both professional and academic readers with an interest in charterparties.

Now in its third edition, Merchant Shipping Legislation is a useful tool tool for those wishing to refer to the UK and Commonwealth merchant shipping statutes. Organized in subject areas and regularly updated, this complete annotation and commentary on the UK and Commonwealth merchant shipping legislation will be of use to the work of maritime lawyers in the UK and overseas. All the provisions of the various merchant shipping acts are contained in a single easy-to-use volume organized in subject areas. Divided into twenty chapters, the work addresses all the most important areas including: registration; collisions; salvage; pilotage; environmental protection; oil pollution and carriage of goods.

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 1999 Arrest Convention, volume II 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 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.

Maritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 13th International Colloquium at Swansea Law School in September 2017. Written by a combination of top academics and highly-experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding maritime liabilities. The book is set out in two parts: - Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities - Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.

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.

Some years ago, while a Senior Lecturer-in-Law at BPP University, one of my Master of Laws' students asked if he could write a dissertation in Maritime Law. He wanted to do a survey of the rules of both Admiralty Law and the Law of the Sea. The department contained no specialist in either of these fields, and I taught neither. As he could not be dissuaded from this plan, I had to undertake a rapid, informal, self-directed learning programme in the subjects in order to gain sufficient professional skill to be able to supervise, and, later, assess the dissertation. His project was surprisingly good -- and I had my first contact with rules concerning territorial seas, contiguous zones, exclusive economic zones, continental shelves and high seas. My interest in these topics grew and, eventually, flourished in the project of this monograph. The book covers the laws in the United Nations Convention on the Law of the Sea 1982 that concern baselines and boundary delimitation, together with cases which relate to these topics. There is also a major input to the monograph from procedural matters pertaining to the International Court of Justice, the International Tribunal for the Law of the Sea and arbitration under Annex VII to the Convention, with an example case provided for each of these mechanisms. As States Parties to the Convention may make a Declaration under its Article 287 for the settlement of their disputes by one or more of these methods -- together with special arbitration under Annex VIII to the Convention for four issues specified therein -- this Article, together with the methods and the remainder of Part XV of the Convention, are core material for a systematic review of the Law of the Sea. In instances in which it is possible, comparisons are made between: (i) the United Nations Convention on the Law of the Sea and its predecessors, i.e., the Geneva Conventions from 1958, and (ii) the rules of the International Court of Justice and those of the International Tribunal for the Law of the Sea. In essence, the Convention builds upon its precursory instruments, which tend to be simpler than the former, and the procedural rules for the International Tribunal for the Law of the Sea are similar or identical to those of the International Court of Justice, other than a few provisions that are new or materially modified from the terms of the Court, but with the necessary changes from the latter being made. The cases at this level are fewer than in black-letter subjects of the law, but tend to be complex and, for the legal scholar, very interesting. This is especially true of the South China Sea Arbitration, which was a judgment of pioneering brilliance from an Annex VII arbitral tribunal composed of one academic and four experienced judges, to which a substantial literature has-in the short period since this case's resolution -- been devoted. The very best of luck with your reading!

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 is based on papers presented at the Sixth International Colloquium in September 2009, organized by the Institute of International Shipping and Trade at Swansea University. The 16 contributions have been written by a team of international experts who collectively submit the newly proposed Rotterdam Rules to a sustained, penetrative, and comprehensive analysis. The UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea 2009 - from which the Rotterdam Rules derive - potentially represents a development of unparalleled significance in the field of unimodal carriage of goods by sea and multimodal transport with a sea leg. The scale of the Rules is staggeringly wide, as also are their detail and complexity, and coming to a full understanding of the provisions and implications of the Rules represents a challenge even to those experienced in the law and practice of commercial shipping. The book examines virtually all aspects of the Rules and provid

The international nature of the maritime industry means that ships are subject to the varying legal jurisdictions of the ports in which they call. Law and policy provide a framework necessary for establishing order and harmonization in a highly regulated global industry; they are vital instruments for promoting the safety, security, and commercial efficiency of shipping as well as the protection of the marine environment, in an atmosphere of competing national-contra-global as well as private-contra-public interests. Furthermore, it is of great importance that the legal and policy aspects of maritime activities closely follow the rapid pace of technological and commercial developments. Students and practitioners in maritime law and policy need to be constantly familiar with trends in the shipping industry and possess a solid comprehension of the international legal regimes that not only encourage the sustainable development of global maritime commerce, but also regulate its conduct. This book is a collection of essays dedicated to Professor Proshanto Kumar "PK" Mukherjee, one of the leading lights in the area of maritime law and policy. It presents a mix of background information and insightful analysis by leading experts on a wide range of some of the most pressing and contemporary maritime law and policy topics -- ranging from the development of maritime standards (Mbiah) to the challenges of operating flags of convenience (Mensah), from the latest convention on the international carriage of goods by sea (Basu Bal) to liability and compensation issues related to ship-source marine pollution (Jacobsson, Xu, Kojima), from the intricacies of marine insurance law (Thomas, Gauci) to the vagaries of the conflict of laws (Manolis), and from the legal framework for maritime piracy (Menefee) to the linkages between political stability, economic development, and piracy (Mejia).

Written from the perspective of the Average Adjuster, and updated to include a detailed analysis of the new rules adopted in 2016, this book is an essential read for practitioners in maritime law and marine insurance. The book contains: historical references regarding the establishment of General Average from Roman Law onwards; details of the establishment of International rules to achieve uniformity in the adjustment of General Average and their development: the Glasgow Resolutions of 1860; the York rules of 1864; and the York-Antwerp Rules 1877, 1890, 1924, 1950, 1974, 1994, 2004 and 2016; a detailed analysis of the York-Antwerp Rules 2016; CMI Guidelines relating to General Average; general average security; general average absorption clauses; and new to this edition: insurance of average disbursements.

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.

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance. The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of 'forum shopping' when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel. This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers

The International Tribunal for the Law of the Sea is an autonomous judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is open to States Parties to the Convention. It is also open to entities other than States Parties (States and international organizations non-parties to the Convention and natural or juridical persons) in cases provided for in the Convention or other agreements conferring jurisdiction on the Tribunal. Le Tribunal international du droit de la mer est un organe judiciaire independant, cree par la Convention des Nations Unies sur le droit de la mer, pour connaitre des differends relatifs a l'interpretation et l'application de la Convention. Le Tribunal est ouvert aux Etats Parties a la Convention. Il est egalement ouvert a des entites autres que les Etats Parties (Etats et organisations internationales non parties a la Convention et personnes physiques et morales) dans les cas prevus par la Convention ou par d'autres accords conferant competence au Tribunal.

The title 'Commercial Maritime Law' is a misnomer. There is a patchwork of different commercial maritime laws around the world. However, the title is a true reflection of what many legal scholars and practitioners in the field have long desired: a common framework of commercial maritime law. This book unravels the complexities of bridging the gap between common law and civil law and will discuss whether the title will remain a misnomer despite the countless attempts at harmonisation. Internationally renowned legal scholars and practitioners discuss herein the areas in which the common law and civil law are divided; the impact of these differences on the drafting and ratification of international conventions; the search for a common framework; and the procedural aspects of the common law and civil law divide embedded within commercial maritime law.

On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea.

The only truly comprehensive work on marine insurance in the United States to be published since the last edition of Phillips on Insurance in 1867, Parks's work has been heralded around the English-speaking world. With the help of the author's colleagues, this text includes not only the large body of American marine insurance case law, but also United Kingdom and Commonwealth cases and statutes.

With increased economic activities and shifting of global power axis, the 21st century will witness greater human interface with the oceans. While global powers may contest to dominate the waters essential for trade and sustenance, the emerging powers and rising economies will be aspiring for freedom of navigation to bolster their trade and economic independence. Consequently, there is potential for conflict and therefore greater need for laws to govern the activities in the high seas. However, often the powerful nations do not completely abide by the idea of a rules based international order, especially, when it is against their perceived national interests. The contestation in South China Sea is a clear manifestation of this trend. This book deals with how the United Nations Convention on the Laws of the Sea (UNCLOS) could provide solutions for managing the maritime global commons. The book also provides an ideal example of how extremely complex maritime disputes between India, Bangladesh and Myanmar were resolved in the Bay of Bengal by an abiding commitment towards UNCLOS and reliance on international rules-based mechanisms for dispute resolution.

This law school casebook supplement contains the statutes, rules, and documents referred to in Cases and Materials on Admiralty, 6th. Included are provisions of the U.S. Code, international agreements, historical materials, and selected Federal Rules of Civil Procedure.