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Books > Law > International law > Public international law > International law of transport & communications > International maritime law
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This scarce antiquarian book is included in our special Legacy
Reprint Series. In the interest of creating a more extensive
selection of rare historical book reprints, we have chosen to
reproduce this title even though it may possibly have occasional
imperfections such as missing and blurred pages, missing text, poor
pictures, markings, dark backgrounds and other reproduction issues
beyond our control. Because this work is culturally important, we
have made it available as a part of our commitment to protecting,
preserving and promoting the world's literature.
This scarce antiquarian book is included in our special Legacy
Reprint Series. In the interest of creating a more extensive
selection of rare historical book reprints, we have chosen to
reproduce this title even though it may possibly have occasional
imperfections such as missing and blurred pages, missing text, poor
pictures, markings, dark backgrounds and other reproduction issues
beyond our control. Because this work is culturally important, we
have made it available as a part of our commitment to protecting,
preserving and promoting the world's literature.
In this classic of international maritime law he calls for open
rights of all countries and dominions to sail the seas without
appropriation by any country, which was undoubtedly an attempt to
offset the attempts of Spain, Portugal and England to claim
sovereignty of the seas. This controversial viewpoint was opposed
by John Selden in defense of the British Empire, in Mare Clausum.
Grotius [1583-1645] is known principally for this work and his
classic treatise on the law of nations, De Jure Belli.
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 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.
Media interest in the fates of people at sea has heightened across
the last decade. The attacks and the hostage taking of victims by
Somali pirates, and the treatment of migrants and asylum seekers in
the Mediterranean, ask pressing questions, as does the sinking of
the Costa Concordia off the Italian island of Giglio which, one
hundred years after the Titanic capsized, reminded the world that,
despite modern navigation systems and technology, shipping is still
fallible. Do pirates have human rights? Can migrants at sea be
turned back to the State from which they have sailed? How can the
crews of vessels be protected against inhuman and degrading working
and living conditions? And are States liable under international
human rights treaties for arresting drug traffickers on the high
seas? The first text to comprehensively compare the legal rights of
different people at sea, Irini Papanicolopulu's timely text argues
that there is an overarching duty of the state to protect people at
sea and adopt all necessary acts with a view towards ensuring
enjoyment of their rights. Rather than being in doubt, she reveals
that the emerging law in this area is watertight.
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 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.
In dieser Arbeit werden alle relevanten Bereiche und Rechtsgebiete
des Seeprivatrechts daraufhin untersucht, wie sich Streitigkeiten
in das System des vereinheitlichten europaischen Prozessrechts
einfugen. Dabei wird analysiert, welche Gerichtsstande der EuGVVO
fur die jeweiligen Streitigkeiten eroffnet sind und welche
seeprozessrechtlichen Probleme sich ergeben. Schwerpunkte sind das
Seetransport- und das Seearbeitsrecht. Auslandische Literatur und
Rechtsprechung werden zu den wichtigsten Fragen der internationalen
Zustandigkeit berucksichtigt."
Carriage of Goods by Sea provides an extensive comparative analysis
of the carriage of goods by sea, examining the principles,
regulation, responsibilities, obligations, and immunities within
this area of English law, and other common law jurisdictions, in a
single volume. The book covers all necessary aspects for
understanding the law of carriage by sea. These include: an
essential overview of the business of shipping; a core group of
chapters on the various functions of bills of lading and other
documents of carriage; the international and domestic regulation of
carriage; analysis of the major conventions (the Hague, Hague-Visby
and Hamburg Rules, and the Rotterdam Rules); and explanation of the
shippers' responsibilities, both at common law and under the
international conventions. Later chapters are concerned with the
obligations of the carrier, and the rights and immunities of the
carrier, again at common law, and under the international
conventions. The book concludes by examining charterparties, as
well as including chapters on frustration and damages. The third
edition provides a thorough update from the publication of the
previous edition in 2011 including new bills of lading, major
Commonwealth developments impacting on the law in this field, and
UK Supreme Court decisions such as Volcafe Ltd v Compania Sud
Americana de Vapores SA (Trading as CSAV) [2018] UKSC 61, The Ocean
Victory [2017] UKSC 35, and The Kos [2012] UKSC 17. The new edition
also includes a new chapter relating to damages.
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 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.
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