The environmental and human costs of marine accidents are high, and risks are considerable. At the same time, expectations from society for the safety of maritime transportation, like most other activities, increase continuously. To meet these expectations, systematic methods for understanding and managing the risks in a cost-efficient manner are needed. This book provides readers with an understanding of how to approach this problem.

Firmly set within the context of the maritime industry, systematic methods for safety management and risk assessment are described. The legal framework and the risk picture within the maritime industry provide necessary context. Safety management is a continuous and wide-ranging process, with a set of methods and tools to support the process. The book provides guidance on how to approach safety management, with many examples from the maritime industry to illustrate practical use.

This extensively revised new edition addresses the needs of students and professionals working in shipping management, ship design and naval architecture, and transport management, as well as safety management, insurance and accident investigation.

Table of Contents

1. Introduction

2. The risk picture

3. Terminology

4. Stakeholders, rules and regulations

5. Safety management system

6. Risk acceptance

7. Human and organizational factors

8. Risk analysis methods

9. Measuring risk

10. Methods for navigational risk analysis

11. Human reliability analysis

12. Formal safety assessment

13. Security

14. Accident data

15. Risk reduction measures

16. Emergency preparedness and response

17. Risk-based design

18. Monitoring risk level

19. Learning from accidents and incidents

This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States' diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders' role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.

The Aland Strait is a particularly important sea route connecting the Gulf of Bothnia with the Baltic Sea between Sweden and the Aland Islands. The Aland Strait is closely connected to the Aland Islands, which were demilitarised in the international legal treaty ending the Crimean War in the 1850s. Following World War I, the Aland Strait was also regulated by the 1921 Convention relating to the Non-fortification of and Neutralisation of the Aland Islands. This book is the first to examine passage rights in the Aland Strait according to the Law of the Sea and its long history in times of war and peace.

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.

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.

The new edition of this market-leading textbook includes a revised introduction and updated chapters with new research and insights. Four new case studies of twenty-first-century genocides bring this horrific history up to the present moment: the genocide perpetrated by the government during Argentina's "Dirty War," the genocide of the Yazidis by the Islamic State of Iraq and Syria (ISIS), genocidal violence against the Rohingya in Myanmar, and China's genocide of the Uyghurs. Powerful survivor testimonies bring the essays to life and help readers grapple with the difficult lessons presented throughout the book.

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.

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.

This book examines the implications of geographical change for maritime jurisdiction under the law of the sea. In a multistranded intervention, it challenges existing accounts of the consequences of climate-related change for entitlement to maritime space, maritime limits, and international maritime boundaries. It also casts new light on the question of whether a loss of habitable land and large-scale population displacement will precipitate a loss of territorial sovereignty and the legal 'extinction' of affected States. This study of the legal significance of geographical change is grounded in an in-depth study of the role of geography in the law of the sea. As well as offering a new perspective on the pressing question of how climate change will affect maritime jurisdiction, territorial sovereignty, and statehood, the book contributes to the scholarship on maritime delimitation and international boundaries generally (on land and at sea). It includes an analysis of the principle of intertemporal law that suggests a useful framework for considering questions of stability and change in international law more broadly. This rigorous and original study will be of value to anyone concerned with the implications of climate-related change for maritime jurisdiction, territorial sovereignty, and statehood. Its broader analysis of the existing law and engagement with a range of doctrinal debates through the lens of the question of geographical change will be of interest to scholars and practitioners of the law of the sea, the law of territory, and the law relating to international boundaries.

The Common Concern of Humankind today is central to efforts to bring about enhanced international cooperation in fields including, but not limited to, climate change. This book explores the expression's potential as a future legal principle. It sets out the origins of Common Concern, its differences to other common interest legal principles, and expounds the potential normative structure and effects of the principle, applying an approach of carrots and sticks in realizing goals defined as a Common Concern. Individual chapters test the principle in different legal fields, including climate technology diffusion, marine plastic pollution, human rights enforcement, economic inequality, migration, and monetary and financial stability. They confirm that basic obligations under the principle of 'Common Concern of Humankind' comprise not only that of international cooperation and duties to negotiate, but also of unilateral duties to act to enhance the potential of public international law to produce appropriate public goods.

The new edition of this market-leading textbook includes a revised introduction and updated chapters with new research and insights. Four new case studies of twenty-first-century genocides bring this horrific history up to the present moment: the genocide perpetrated by the government during Argentina's "Dirty War," the genocide of the Yazidis by the Islamic State of Iraq and Syria (ISIS), genocidal violence against the Rohingya in Myanmar, and China's genocide of the Uyghurs. Powerful survivor testimonies bring the essays to life and help readers grapple with the difficult lessons presented throughout the book.

For nearly forty years, The law of the sea has been regarded as an authoritative and standard work on the subject, combining detailed analysis and relevant, practical examples with a clear and engaging style. Completely revised and updated, this new edition will be a vital resource for anyone with an interest in maritime affairs. The book provides a rigorous analysis of the 1982 UN Convention on the Law of the Sea and the many other legal instruments that regulate human activities at sea, as well as taking full account of the numerous decisions of international courts and tribunals in recent years. It also traces the historical background to the law and its broader political, economic and environmental context. The new edition includes substantially expanded coverage of contemporary threats faced by the marine environment from human activities, such as the loss of marine biodiversity, the effects of climate change on the oceans and the vast amounts of plastic polluting the sea. This volume is written by three highly qualified authors, drawing on their extensive experience of teaching and researching the law of the sea, as well as their practical experience in advising governments and acting as counsel and arbitrators in international litigation. This book is relevant to United Nations Sustainable Development Goal 14, Life below water -- .

This new edition has been revised and updated to provide current and comprehensive coverage of essential issues of the international law of the sea in a systematic manner. This book presents two paradigms of the law of the sea: the law of divided oceans and the law of our common ocean. It covers contemporary issues, such as protection of the marine biological diversity, marine plastic pollution, the Arctic, and impacts of climate change on the oceans. Following the clear and accessible approach of previous editions, with many illustrations and tables, The International Law of the Sea continues to help students to best understand the law of the sea.

Laser focus on a broad range of issues concerning the shipmaster, all available in one volume. Provides an invaluable aid to decision making for ship managers and operators. Includes a comprehensive history of international law affecting the shipmaster. Compares regimes of law for shipmasters (and crews) across different jurisdictions. Examines shipmaster duties and liabilities and penalties in all IMO member states.

In a lively narrative that includes fascinating historical research as well up-to-date information on the current effort to combat piracy, this lucidly presented book provides a coherent, practical blueprint for tackling, and perhaps resolving, the international menace of both piracy and terrorism. Attacks on cargo ships along the Somali coast by maritime thieves have recast the image of piracy for the twenty-first century. Gone is the faded sepia image of Captain Kidd and buried treasure. In its place are gangs of seaborne brigands with rocket launchers, who bear a striking resemblance in appearance and actions to terrorists. This compelling study shows that the case for linking piracy and terrorism goes much deeper than shared imagery. In fact, from a legal standpoint piracy may offer civilized society the key to fighting international terrorism. Drawing both from historical examples and the present-day situation in the Gulf of Aden, the author proves that piracy and terrorism are the same crime. If the international community took the logical step of defining terrorists as pirates, these thugs would no longer find a safe harbor and they could be captured wherever they are found under the customary law of universal jurisdiction. Moreover, the current maze of legal restrictions that hampers the prosecution of both pirates and terrorists would be eliminated. Examining measures taken by states over one hundred years ago to stamp out piracy, the author constructs a model law for terrorism based on piracy. He then suggests how such a law for terrorism might transform the hunt for al-Qaeda and other terrorist organizations. It would provide both a precedent and a legal framework for future trials and would facilitate the capture of suspected terrorists around the world.

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.

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.

Now in its fifth edition, this authoritative guide covers all of the core aspects of maritime law in one distinct volume. Maritime Law is written by a team of leading academics and practitioners, each expert in their own field. Together, they provide clear, concise and fully up-to-date coverage of topics ranging from bills of lading to arrest of ships, all written in an accessible and engaging style. As English law is heavily relied on throughout the maritime world, this book is grounded in English law whilst continuing to analyse the key international conventions currently in force. Brand new coverage includes: The impact of the European Union (Withdrawal Agreement) Act 2020 which amends the European Union (Withdrawal) Act 2018. Over one hundred new cases from the English courts, the Court of Justice of the European Union and the International Tribunal for the Law of the Sea. Changes to the Merchant Shipping (Registration of Ships) Regulations 1993, including the Merchant Shipping (Registration of Ships) (Amendment) (EU exit) Regulations 2019. Discussion of the Incoterms 2020 which are available for incorporation into sale contracts from 1 January 2020. Updates on litigation and amendments to the Admiralty Civil Procedure Rules. This book is a comprehensive reference source for students, academics and legal practitioners worldwide, especially those new to maritime law or a particular field therein.

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.

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.

Maritime Cargo Operations presents the core concepts of cargo work for marine engineering students and cadets. It is built around the essential principles of the maritime profession and is a valuable guide to a broad range of key subject areas in the safe carriage, handling, stowage and securing of cargo, and cargo watches in port. It contributes to a sound understanding of cargo operations for a future career in the profession, as well as offering a general overview for deck officers. Gives an overview of the key areas in cargo operations work. Includes structured Learning Outcomes and self-test questions for each subject area to assist readers in evaluating their understanding. The book suits merchant navy cadets at Higher National Certificate (HNC), and Higher National Diploma (HND), and foundation degree level in both the deck and engineering branches, and also serves as a general reference for maritime professionals.

This book provides an explanation of Chinese policy towards the South China Sea, and argues that this has been sculpted by the changing dynamics of the law of the sea in conjunction with regional geopolitical flux. The past few decades have witnessed a bifurcated trend in China's management of territorial disputes. Over the years, while China gradually calmed and settled most land-border disputes with its neighbors, disputes on the ocean frontier continued to simmer in a seething cauldron. China's Policy towards the South China Sea attributes the distinctive path of China's approach to maritime disputes to a unique factor - the law of the sea (LOS) as the "rules of the road" in the ocean. By deconstructing the concept of "sovereignty" and treating the LOS as an evolving regime, the book examines how the changing dynamics of the LOS regime have complicated and reshaped the nature and content of sovereign disputes in the ocean regime as well as the options of settlement. Applying the findings to the South China Sea case, the author traces the learning curve on which China has embarked to comprehend the complexity of the dispute accordingly and finds that it is the dynamic interaction of the law of the sea regime and the geopolitical conditions that has driven the evolution of China's South China Sea policy. This book will be of great interest to students of Chinese and Asian politics, international law, international relations and security studies.

When the United Nations' Charter was signed in San Francisco in 1945, the number of African member states of the Organisation was only 4. By the end of 1960 it had risen to 22. Today it is 41. How has this come about? The answer is given in this valuable book by Dr. Yassin EI-Ayouty. The handful of Asian and African countries who had the privilege of foundation membership made it their business to see to it that their brethren who were still under the colonial yoke attained their freedom and independence as soon as possible and, in the meanwhile, that they were treated with decency and fairness by their colonial masters. It was a tough assignment. The struggle was long, requiring a great deal of patience and endurance. It was at times fierce, requiring much dogged resolution. It also called for the deployment of intellectual agility ofthe highest order. Fortunately all these qualities were available in the rep resentatives of Asia and Africa who led the great struggle. These dis tinguished delegates also demonstrated a wonderful degree of solidarity which has, happily, become an Afro-Asian tradition at the United Nations. The battle began even before the Organisation had itself become a fact. It would have been a more difficult struggle, had there been no provision in the Charter at all in respect of colonies, by whatever name called."

This study is an outgrowth of an interest in the question of access to the sea developed by the author during a ten-month sojourn during 1962 and 1963 as American Vice Consul in Antofagasta, Chile. During this period he had the opportunity to visit Peru three times and Bolivia twice. This experience, supplemented by research in many libraries in New York, Washington and California and by interviews, documents and other reference materials, resulted in a detailed study of Bolivia's campaign for an outlet to the sea. 1 The present study has drawn some material from the earlier one, but is such an elaborate expansion of it that it might well be considered a wholly new effort. The effort was made because the problem of access to the sea has become more critical since the Second World War as the emphasis on trade and economic development has grown while at the same time many new land-locked states were being born. There have, moreover, been more threatened and actual interferences with free transit during this period than during the preceding half century and more. A thorough examination of the subject seemed in order, then, as an aid to an understanding of the problems involved and as a guide to future attempts to resolve them. In addition to a general survey of the question, three case studies have been included both as illustrations of many of these problems and as specific situations by which to test proposed solutions.