|
Books > Law > International law > Public international law > International law of transport & communications > International maritime law
This collection of essays critically evaluates the legal framework
necessary for the use of autonomous ships in international waters.
The work is divided into three parts: Part 1 evaluates how far
national shipping regulation, and the public international law
background that lies behind it, may need modification and updating
to accommodate the use of autonomous ships on international
voyages. Part 2 deals with private law and insurance issues such as
collision and pollution liability, salvage, limitation of liability
and allocation of risk between carrier and cargo interests. Part 3
analyses international convention regimes dealing with maritime
safety and other matters, arguing for specific changes in the
existing conventions such as SOLAS and MARPOL, which would provide
the international framework that is necessary for putting
autonomous ships into commercial use. The book also takes the view
that amendment of international conventions is important in the
case of liability issues, arguing that leaving such matters to
national law, particularly issues concerning product liability,
could not only restrict or hinder the availability of liability
insurance but also hamper the development of technology in this
field. Written by internationally-known experts in their respective
areas, the book offers a holistic approach to the debate on
autonomous ships and makes a timely and important contribution to
the literature.
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 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.
This collection of essays provides a comprehensive assessment of
the legal and policy approaches to maritime counter-piracy adopted
by the EU and other international actors over the last few years.
As the financial cost of Somali piracy for the maritime industry
and the world economy as a whole was estimated to have reached $18
billion by 2010, the phenomenon of piracy at sea has steadily grown
in significance and has recently attracted the attention of
international policy makers. Moreover, piracy is intrinsically
linked to state failure and other pathologies bred by it, such as
organised crime and terrorism. This book adopts a holistic approach
to the topic, examining approaches to piracy as these emerge in
different geographical areas, as well as tackling the central
issues which counter-piracy raises in terms of the most topical
aspects of international law (international humanitarian law and
armed conflict, piracy and terrorism, use of force). It also
focuses on the approach of the EU, placing counter-piracy in its
broader legal context. Providing a detailed doctrinal exploration
of the issues which counter-piracy raises, it emphasises and draws
upon the insights of the practice of counter-piracy by bringing
together academic lawyers and the legal advisers of the main actors
in the area (EU, US, NATO, UK). The book raises fundamental
questions about the law and practice of international law: are the
rules of the international law of the sea on piracy still relevant?
To what extent has the shared interest of international actors in
tackling piracy given rise to common practices? Do the interactions
among the actors examined in the book suggest fragmentation or
unity of the international legal order? Is it premature to view
these interactions as signalling the gradual emergence of global
law in the area? This common analytical frame of reference is
underlined by the concluding part, which draws these threads
together. The book will be of interest to legal scholars, political
scientists and international relations theorists, as well as
decision-makers and students of law, politics and international
relations.
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).
|
|