This book presents a global overview of the key provisions (Article 76) of the United Nations Convention on the Law of the Seas, under which many countries will be able to claim a significant addition to their continental shelf. The aim of the book is to persuade government officials of the resource and environmental implications involved, to provide background information about the development of Article 76, and to help coastal States in developing their submissions for an extended continental shelf. Topics include: characteristics for continental margins, distance determination, bathymetric data collection, geological and geophysical techniques, and boundary conditions.

This book presents a study on civil liability for accidents at sea, with a focus on the interests of parties that are not contractually participating in the maritime enterprise. Shipping and the maritime offshore industry are among the most international businesses in the world, and the operation of ships and facilities at sea can involve very different interests in a wide variety of relationships. Although there is an international legal framework that covers the most frequent types of cases, questions remain regarding the interplay of international and national legislation. Addressing those questions, the first part of this study analyses the rules and the limits of international regulation applicable at sea, namely regarding compensation for pollution damage. The second part focuses on the jurisdictional rules and conflict-of-law rules that may be used to deal with cases beyond the scope of international legislation, in accordance with the law of the sea.

This book examines the corpus of status quo environmental legal regime, geographical issues and redundant "stakeholder claims," which persist in the Arctic. It examines multifarious theories relating not only to conflicting and opposing interests, but also to parties to whom the shipping industry should be accountable. The unique aspect of this book is the Corporate Social responsibility analysis pertaining to the Arctic and alternatives that strike a balance between the increased commercialization of the shipping industry and the laws and concepts of ocean governance. The book relevantly puts forward the concept of "ocean governance" and to what extent it can be addressed in terms of the Arctic. What distinguishes this book from others is the fact that it is not limited to examining the effects of climate change and how it is reshaping the way scholars assume the Arctic will be in the near future. Rather it creates a transparent nexus between opposing claims and increasing commercial interests and proceeds to scrutinize the efforts of the Arctic Council and individual Arctic coastal states. In this context, the book follows a given equation based on initial theories and how the opposing claims and increasing commercialization side of the equation can be balanced with the appropriate legal norm. It also reflects on the critical aspects of "hard law and soft law" which are two opposite ends of the legal pole and core elements of any legal spectrum. The book, after reflecting on those two elements, finally proposes a new Arctic legal regime, which is intricate and detailed and is basically a hierarchy based on logic and reasoning. In doing so, it imports a pristine theory for a pristine territory.

A close analysis of the framework of existing governance and the existing jurisdictional arrangements for shipping and ports reveals that while policy-making is characterized by national considerations through flags, institutional representation at all jurisdictions and the inviolability of the state, the commercial, financial, legal and operational environment of the sector is almost wholly global. This governance mismatch means that in practice the maritime industry can avoid policies which it dislikes by trading nations off against one another, while enjoying the freedoms and benefits of a globalized economy. A Post-modern interpretation of this globalized society prompts suggestions for change in maritime policy-making so that the governance of the sector better matches more closely the environment in which shipping and ports operate. Maritime Governance and Policy-Making is a controversial commentary on the record of policy-making in the maritime sector and assesses whether the reason for continued policy failure rests with the inadequate governance of the sector. Maritime Governance and Policy-Making addresses fundamental questions of governance, jurisdiction and policy and applies them to the maritime sector. This makes it of much more interest to a much wider audience - including students, researchers, government officials, and those with industrial and commercial interests in the shipping and ports areas - and also of more value as it places the specific maritime issues into their wider context. Maritime Governance and Policy-Making addresses fundamental questions of governance, jurisdiction and policy and applies them to the maritime sector. This makes it of much more interest to a much wider audience - including students, researchers, government officials, and those with industrial and commercial interests in the shipping and ports areas - and also of more value as it places the specific maritime issues into their wider context.

The Arctic is particularly affected by climate change; over the past few decades, temperatures in this area have risen twice as fast as the mean global rate. The most prominent effect of global climate change in the region is the melting sea ice in the Arctic Ocean, which enables a multitude of ocean uses to be initiated and extended, such as shipping, fishing and oil and gas extraction. Unlike in the Antarctic, there is currently no single comprehensive legal regime for governance of the Arctic. Instead, the region is regulated by a patchwork of international treaties, above all the United Nations Convention on the Law of the Sea (UNCLOS), various regional and sub-regional agreements, national laws and soft-law agreements. This treatise provides an evaluation of the governance regime that regulates the use of the Arctic marine environment and its readiness to protect these fragile ecosystems in light of the consequences of climate change.

Since 2008 increasing pirate activities in Somalia, the Gulf of Aden, and the Indian Ocean have once again drawn the international community's attention to piracy and armed robbery at sea. States are resolved to repress these impediments to the free flow of trade and navigation. To this end a number of multinational counter-piracy missions have been deployed to the region.
This book describes the enforcement powers that States may rely upon in their quest to repress piracy in the larger Gulf of Aden region. The piracy rules of the United Nations Convention on the Law of the Sea (UNCLOS) and the legal safeguards applicable to maritime interception operations are scrutinized before the analysis turns to the criminal prosecution of pirates and armed robbers at sea. The discussion includes so-called shiprider agreements, the transfers of alleged offenders to regional states, the jurisdictional bases for prosecuting pirates, and the feasibility of an internationalized venue for their trial. In addressing a range of relevant issues, this book presents a detailed and comprehensive up-to-date analysis of the legal issues pertaining to the repression of piracy and armed robbery at sea and assesses whether the currently existing legal regime is still adequate to effectively counter piracy in the 21st century.

Provisional measures of protection, the international equivalent of an interim injunction, are assuming growing importance in international law. These measures are designed to protect the rights of the parties pending the final decision in a dispute. Since the establishment of the Permanent Court of International Justice in 1921 through its replacement by the International Court of Justice (ICJ) in 1945, the Court's power to indicate provisional measures has been controversial because it has been unclear whether such orders are binding. In 2001 the ICJ set that controversy at rest by deciding that it imposes binding obligations on the parties, and that non-compliance could give rise to an instance of state responsibility and a cause of action. This rule has also been incorporated into the UN Convention on the Law of the Sea, one of the most important law-making conventions adopted in the last 50 years. These changes make a comprehensive re-examination of the law and practice of the ICJ and the International Tribunal for the Law of the Sea (ITLOS) necesary, both from an academic perspective and as a matter of practice and procedure. Rosenne concludes that its work with provisional measures of protection may be the most significant of the ICJ's activities for the settlement of international disputes and the maintenance of international peace and securit,: the prime objective of the United Nations of which the ICJ is a principal organ.

It is now more than ten years since the 1982 United Nations Convention on the Law of the Sea (LOSC) came into force and more than twenty years since it was concluded in December of 1982 after more than nine years of negotiations. The famous "package deal" that it represented addressed many of the problematic issues that previous conventions had been unable to settle. This collection of essays, by leading academics and practitioners, provides a critical review of the LOSC and its relationship to and interface with the wide range of developments which have occurred since 1982. The individual chapters reveal a number of core themes, including the need to maintain the integrity of the LOSC and its centrality to oceans regulation; the tension between regional global regimes for oceans governance and the struggle to reconcile these within the LOSC; the gradual consolidation of authority over oceans space; the difficulty of adapting some of the more dated provisions of the LOSC to deal with unforeseen contemporary issues of oceans use; and the consequent development of the general obligations of the LOSC through binding and non-binding agreements. They clearly indicate the potential impact and role of post-LOSC agreements and institutions in developing the law of the sea and resolving some of the outstanding substantive issues. From this it is clear that the future of the Law of the Sea will involve an understanding of the wider legal environment within which it operates.

Synthesizes all key aspects of marine governance encompassing institutions, science, law, and policy, ensuring the content is accessible for non-legal experts. This book will be essential reading for students taking marine affairs, science and policy courses. This new edition has been completely revised, updating text in line with recent advances and new chapters added. Pedagogical features for students are also included throughout.

The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world"s largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.

The crossing of the Northwest Passage in August 1985 by a US icebreaker, without requesting authorisation, raised the whole question of Canada's sovereignty over the waters of its Arctic Archipelago. Given this controversy and the existence of similar situations in other parts of the world, this book presents an examination of the international legal validity of Canada's claim by an in-depth study of three possible bases in international law: the sector theory, the doctrine of historic waters and the Straight baseline system. This work is the second of a series of monographs arising from the Canadian Northern Waters Project of the Dalhousie Ocean Studies Programme, It draws on examples from other parts of the world, and, as such it will have relevance beyond the development of the Canadian Arctic. Professor Pharand is a recognised authority in this field. His earlier book, The Law of the Sea of the Arctic is still one of the standard reference works in the area, but with changes in the general law of the sea, this monograph presents a timely reappraisal of the relevant legal theories and practices.

Dr Wiswall examines the development of jurisdiction and practice in the field of Admiralty Law in England, with American comparisons, during the nineteenth and twentieth centuries; the work is largely organized around the Court of Admiralty from 1798 onwards. The judgeships of Lord Stowell, Dr Lushington, Sir Robert Phillimore and Sir Francis Jeune, in England, are considered in some detail, and also those of Mr Justice Story, Judge Ashur Ware and Judge Addison Brown in the United States. One chapter is devoted to an examination of the dissolution of Doctors' Commons (the unique body of English civil lawyers). Development through case law, statutes and rules is the technical side of this study - an exposition not so much of the development of legal principles themselves as of their application. 'The last chapter turns to a study of the evolution of the substantive law regarding personal liability in Admiralty actions in rem, illustrating the divergence between the English and American law, and the effect upon and repercussions in international maritime law.

The need for freedoms of navigation in regional waters is frequently mentioned in statements from regional forums, but a common understanding of what constitutes a particular freedom of navigation or the relevant law is lacking. This book discusses how law, politics and strategy intersect to provide different perspectives of freedoms on navigation in the Asia-Pacific region. These freedoms are very important in this distinctively maritime region, but problems arise over interpreting the navigational regimes under the law of the sea, especially with regard to the rights of foreign warships to transit another country's territorial sea without prior notification or authorisation of the coastal state, and with determining the availability of high seas freedoms of navigation and overflight in an exclusive economic zone. The book explores these issues, referring in particular to the position of the main protagonists on these issues in Asian waters - the United States and China - with their strongly opposing views. The book concludes with a discussion of the prospects for either resolving these different perspectives or for developing confidence-building measures that would reduce the risks of maritime incidents. Providing a comprehensive yet concise overview of the various different factors affecting freedom of navigation, this book will be a valuable resource for those working or studying in the fields of international relations, maritime security and the law of the sea.

Designations of large Particularly Sensitive Sea Areas (PSSAs) triggered a controversial debate within the International Maritime Organisation (IMO) concerning the legal basis of PSSAs, the relationship between the IMO's PSSA guidelines and UNCLOS, as well as the competency of IMO to adopt mandatory protective measures in these areas. As a result, IMO conducted a review process which led to substantially updated guidelines adopted in late 2005.

This book provides a detailed analysis of the PSSA guidelines and protective measures available in PSSAs. Emphasis is placed on their legal basis and the implications for coastal states' jurisdiction over vessel-source pollution.

This book provides a comprehensive introduction to the economics of the business of maritime transport. It provides an economic explanation of four aspects of maritime transport, namely, the demand, the supply, the market and the strategy. The book first explains why seaborne trade happens and what its development trends are; it then analyses the main features of shipping supply and how various shipping markets function; the book finally addresses the critical strategic issues of the shipping business. The full range of different types of shipping are covered throughout the chapters and cases. The book combines the basic principles of maritime transport with the modern shipping business and the latest technological developments, particularly in the area of digital disruption. The ideas and explanations are supported and evidenced by practical examples and more than 160 tables and figures. The questions posed by the book are similar to those that would be asked by the students in their learning process or the professionals in the business environment, with the answers concentrating on the reasons for what has happened and will happen in the future rather than merely fact-telling or any specific forecast. The book is most suited for students of shipping-related disciplines, and is also a valuable reference for maritime professionals.

Available for the first time in one easy-to-read printed volume, The Commercial Court Guide contains all materials needed when appearing in the Commercial Court or the Admiralty Court. Compiled by an eminent team of judges, it is an indispensable tool for users of those courts.

Why do states often fail to cooperate, using transboundary natural resources inefficiently and unsustainably? Benvenisti examines the contemporary international norms and policy recommendations that could provide incentives for states to cooperate. His approach is multi-disciplinary, proposing transnational institutions for the management of transboundary resources. Although global water policy issues seem set to remain a cause for concern for the foreseeable future, this study provides a new approach to the problem of freshwater, and will interest international environmentalists and lawyers, international relations scholars and practitioners.

The maritime sector is dynamic and volatile, creating the need for continuous monitoring of the latest developments and their effects on the organisation, management and strategies of shipping companies. This book analyses the business environment of these companies and the approaches they adopt in organising and managing their activities. Management of Shipping Companies aims to facilitate the learning and understanding of the fascinating world of shipping business. It examines the organisation and management of companies which manage ocean-going ships, emphasising the special characteristics of the industry and the framework created by these. This textbook offers a detailed account of the companies' processes and functions, the structural and contextual dimensions of their organisation, as well as an analysis of human resources, safety management and the outsourcing of shipping operations. Written in an easily digestible and critical manner, it includes case studies and analysis of best practices implemented by companies worldwide. This unique and accessible book is an ideal text for students in maritime studies programs as well as readers interested in learning about maritime businesses' organisation and management.

Delay in a marine adventure is an important and frequent phenomenon of maritime transport as it affects various parties and their interests. Insurance Law Implications of Delay in Maritime Transport is the first single book to deal specifically with this issue in the context of insurance law. The book addresses the losses and expenses that may arise from delay or loss of time in maritime transport, the types of insurance available covering or excluding losses arising from it and the impact of delay on voyage policies. The author, Aysegul Bugra, critically examines and evaluates the scope of several different types of marine insurance policies, including but not limited to: hull and machinery, cargo, freight, loss of hire and marine delay in start-up insurance. Furthermore, the book analyses the current law by tracing back the relevant common law authorities to the 18th century and examines the wordings used in practice from that time to today with a comprehensive and critical approach. This unique text will be of great interest to legal practitioners, shipping professionals and academics alike.

Port Economics is the study of the economic decisions (and their consequences) of the users and providers of port services. A port works as an "engine" for economic development. This book provides a detailed discussion of port freight service users, such as freight water and land carriers, that have their ships and vehicles serviced and their cargoes unloaded by ports, as well as passenger services such as ferry carriers which are serviced by ferry passenger ports. This text continues to enhance our understanding of port economics by exploring the economic theories, supply and demand curves, and the actual and opportunity costs relating to the carriers, shippers and passengers who use ports. This new edition has been updated throughout. This includes: An expanded discussion of container, break-bulk, dry-bulk, liquid-bulk and neo-bulk ports; An introduction of port service chains, hinterland transport chains, maritime transport chains and port multi-service congestion; A discussion of seaborne trade, dry ports, port centrality and connectivity and free trade zones. This updated and comprehensive introduction to port economics will be of benefit to students and researchers in their study of port economics and management. It is also of great importance to professionals who manage and operate ports as well as freight and passenger carriers.

The Contract of Carriage: Multimodal Transport and Unimodal Regulation provides a new perspective on how to approach the question of multimodal transport regulation regarding liability for goods carried. Unlike previous literature, which has approached the issue of applicability from a strict interpretation-of-the-convention angle, this book will analyse the issue from a law of contracts perspective. If goods are damaged during international transport, the carrier's liability is governed by rules laid down in international conventions, such as the CMR convention, the Hague-Visby Rules and the Montreal Convention. Such rules apply to certain modes of transport, to contracts for unimodal carriage. When goods are carried under a multimodal contract of carriage, which provides for carriage by more than one mode of transport, the question is whether these rules are applicable to transport under multimodal contracts of carriage. This book investigates the rules of carrier's liability applicable to unimodal transport, and whether these rules are applicable to carriage under multimodal contracts of carriage, with focus on the actual contract of carriage. This unique text will be of great interest to students, academics, industry professionals, and legal practitioners alike.

Clarifies the characteristics of shipping, reinsurance and construction chain contracts and how these contracts are structurally formed. The first book to focus on the legal question of the incorporation of arbitration clauses. Relevant to lawyers, practitioners and students dealing with arbitration in shipping, insurance and construction law within English or Singaporean jurisdictions.

With advances in technology and maritime transport, human use of the ocean now extends beyond the traditional activities of navigation and fishing. Emerging activities such as bioprospecting, deep seabed mineral and hydrocarbon exploration and exploitation, offshore renewable energy developments and marine scientific probes of deep sea areas challenge the applicability of maritime law and policy in new ways. This handbook examines current regulatory and enforcement instruments and mechanisms for different sectors of maritime activity. Covering various jurisdictions, its specially commissioned chapters are authored by some of the world's foremost authorities on maritime law, and offer unique perspectives on maritime law, policy and practice. This highly relevant collection is organised into four parts: * International Law Considerations in Maritime Regulation and Enforcement * Role of States and other International Actors in Maritime Regulation and Enforcement * Regulation and Enforcement in Different Maritime Sectors * Current Issues and Future Challenges This comprehensive reference work will be of interest to scholars and students of maritime law, practitioners and non-lawyers interested in the regulation of offshore areas, as well as policy-makers.

New developments in the uses of the sea have given rise to new questions in the law of the sea since the beginning of the second millennium, and there are international endeavors to revise certain issues of maritime law. The Seminar, papers of which are collected in this volume, dealt with some examples of these developments. Participants were doctoral candidates of the International Max Planck Research School for Maritime Affairs and students of the University of Hamburg. Addressed are the internationalization of marine natural resources, the audit system of flag State's obligations, rights of land-locked and geographically disadvantaged States in the EEZ, the reform of the European fisheries policy and finally the Rotterdam Rules which are deemed to alter the carrier's obligations in the law of maritime transport. A report of the Seminar's excursion to several maritime institutions in New York City is also included.

With advances in technology and maritime transport, human use of the ocean now extends beyond the traditional activities of navigation and fishing. Emerging activities such as bioprospecting, deep seabed mineral and hydrocarbon exploration and exploitation, offshore renewable energy developments and marine scientific probes of deep sea areas challenge the applicability of maritime law and policy in new ways. This handbook examines current regulatory and enforcement instruments and mechanisms for different sectors of maritime activity. Covering various jurisdictions, its specially commissioned chapters are authored by some of the world's foremost authorities on maritime law, and offer unique perspectives on maritime law, policy and practice. This highly relevant collection is organised into four parts: * International Law Considerations in Maritime Regulation and Enforcement * Role of States and other International Actors in Maritime Regulation and Enforcement * Regulation and Enforcement in Different Maritime Sectors * Current Issues and Future Challenges This comprehensive reference work will be of interest to scholars and students of maritime law, practitioners and non-lawyers interested in the regulation of offshore areas, as well as policy-makers.