Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights. Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. Dr Camille Goodman explores the key concepts of 'fishing' and 'fishing related activities' to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. Goodman also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. A review and analysis of the practice of 145 States identifies the contemporary extent of coastal State jurisdiction over living resources in the EEZ and offers a unique, fresh perspective on the underlying and enduring nature of that jurisdiction. Underpinned by a rigorous examination of the Convention, jurisprudence, and literature, as well as being supported by carefully documented State practice, Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone proposes a more predictable framework within which to resolve jurisdictional challenges in the EEZ.

The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001, which entered into force internationally in 2009, is designed to deal with threats to underwater cultural heritage arising as a result of advances in deep-water technology. However, the relationship between this new treaty and the UN Convention on the Law of the Sea is deeply controversial. This study of the international legal framework regulating human interference with underwater cultural heritage explores the development and present status of the framework and gives some consideration to how it may evolve in the future. The central themes are the issues that provided the UNESCO negotiators with their greatest challenges: the question of ownership rights in sunken vessels and cargoes; sovereign immunity and sunken warships; the application of salvage law; the ethics of commercial exploitation; and, most crucially, the question of jurisdictional competence to regulate activities beyond territorial sea limits.

The oceans cover more than seventy per cent of the surface of the planet and they provide many vital ecosystem services. However, the health of the world's oceans has been deteriorating over the past decades and the protection of the marine environment has emerged as one of the most pressing legal and political challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. This book provides a critical assessment of the role that international law plays in this process, by explaining and evaluating the various legal instruments that have been negotiated in this area, as well as key trends in global ocean governance. Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book considers the main treaties and other legal texts that seeks to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, and land-based activities, as well as emerging pressures such as ocean noise and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues, beyond basic problems of pollution control to include the conservation of marine biological diversity and an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which states have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made in these matters, this book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.

This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume III is devoted to the marine environmental law and maritime security law. The first part of Volume III deals in depth with issues of most fundamental importance in the contemporary world, namely how to protect the marine environment from pollution from ships, land-based sources, seabed activities, and from or through air. In explaining these types of pollution, various conventions concluded under the auspices of the IMO (such as MARPOL 73/78 and the 1972 London Convention) and soft law documents are analysed. The volume also includes chapters on the conventions relating to pollution incident preparedness, response, cooperation, and the relevance of regional cooperation. It additionally discusses liability and compensation for pollution damage. The second part of volume III examines an issue of increasing importance in a world threatened by terrorism, piracy, and drug-trafficking. Chapters in this part cover the topics of piracy; stowaways; human trafficking; illicit drugs; terrorism; military uses of the sea; and new maritime security threats, such as the illegal dumping of hazardous wastes and toxic substances, as well as illegal, unreported, and unregulated fishing.

This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume II: Shipping Law provides a detailed understanding of the historical development of shipping law looking at concepts, sources, and international organisations relating to shipping law; nationality, registration and ownership of ships; ship sale and shipping contracts; ship management and ship finance; arrest of ships; international trade and shipping documents; carriage of goods, passengers and their luggage by sea; maritime labour law; law of maritime safety; law of marine collisions; law of salvage; law of wrecks; law of general average; law of towage; law of harbours and pilotage; limitation of liability for maritime claims; and law of marine insurance. Volume II published in October 2014 addresses the major issues which arise in the law of the sea. The forthcoming Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.

This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.

From the time it was first published in 1998, Shipping and the Environment has been the leading text on international and US law and practice in this field. Written by renowned legal and insurance practitioners with over 100 years of combined specialist experience, including first-hand knowledge of many major incidents, it is not only a comprehensive reference work but an abundant source of introductory material and practical insights, all explained with a clarity appreciated by lawyers and non-lawyers alike in a broad international readership. While updating its core subjects of pollution from ships, wreck removal and dumping at sea, this enlarged text extends into other modern areas including pollution from offshore operations after Deepwater Horizon, plastics released into the sea, recycling of vessels, polar operations, and the fast-changing restrictions on carbon emissions from ships, as well as safety threats such as cyberattacks, terrorism and modern forms of piracy. With a highly readable introductory chapter amounting to a book within a book, this is a volume of great importance to all whose work or studies are concerned with marine environmental affairs, whether in government, international bodies, industry, technical organizations, the professions, environmental NGOs, the academic world or other walks of life.

Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are, and should be, shaping the law of the sea. The discussion canvasses passage of military vessels and military activities at sea, law enforcement activities across the different maritime zones, information sharing and intelligence gathering, as well as armed conflict and naval warfare. In doing so, this book not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing. While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. It is argued that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriate responses to ensure maritime security are to be allowed.

This book explains the definition, concepts, practices and procedures of Free Zone operations; how they are created, how they operate, and their benefits to the global and national economy. Readers will be able to understand why Free Zones exist, their role in the development and maintenance of international trade, and how they contribute to national and global economic development and wellbeing, especially in developing nations. The author explains the processes in the establishment of Free Zones, and how government legislation and initiatives assist in this process. The book comprehensively but accessibly covers the topics of Freeports, Free Zones, Export Processing Zones (EPZs) and Special Economoic Zones (SEZs), as well as issues such as Customs requirements, Free Zone law and government initiatives, including the new UK Freeport initiative. It analyses the role of such Zones in global economic development and considers the challenges and issues related to Free Zone development and operation, including security and potential crime. The book also provides a series of case studies into selected global examples of Free Zones, EPZs and SEZs. Freeports and Free Zones will have a broad readership, being of interest to global economic, fiscal and government institutions, policymakers, legal practitioners and advisers, economic and business advisers, port and airport authorities and major multinational enterprises. It will be especially relevant to the food, automotive, defence, manufacturing, logistics, Fast Moving Consumer Goods (FMCG), pharmaceutical, aviation and maritime industries.

The are new sections and a chapter (on financing) to cover topics missing or covered in insufficient detail in the first edition. The book has been updated to cover key decisions in relevant case law and industry practice in this area since the last edition. The book provides hands-on, practical guidance - assists practitioners with the negotiation of contract wording and resolving disputes during the execution of projects. Businesses engaged in offshore construction often urgently require such practical guidance. English law remains the preferred choice of law, and London the preferred dispute resolution centre. - will be relevant to jurisdictions worldwide, even where other systems of law or dispute resolution venues are chosen, as typical principles of English law often come into play. The book is written by those engaged on a daily basis with giving urgent advice and practical guidance to clients engaged in these activities.

Under the United Nations Law of the Sea Convention, States have sovereign rights over the resources of their continental shelf out to 200 nautical miles from the coast. Where the physical shelf extends beyond 200 nautical miles, States may exercise rights over those resources to the outer limits of the continental shelf. More than 80 States may be entitled to claim sovereign rights over their continental shelf where it extends beyond 200 nautical miles from their coast, and the Commission on the Limits of the Continental Shelf is currently examining many of these claims. This book examines the nature of the rights and obligations of coastal States in this area, with a particular focus on the options for regulating activities on the extended continental shelf. Because the extended continental shelf lies below the high seas, the area poses unique legal challenges for coastal States that are different from those faced in respect of the shelf within 200 nautical miles. In addition, the United Nations Convention on the Law of the Sea imposes some specific obligations that coastal States must comply with in respect of the extended continental shelf. The book discusses the development of the concept of the extended continental shelf. It explores a range of issues facing the coastal State in regulating matters such as environmental protection, fishing, bioprospecting, exploitation of non-living resources and marine scientific research on the extended continental shelf. The book proposes a framework for navigating the intersection between the high seas and the extended continental shelf and minimising the potential for conflict between flag and coastal States.

This interdisciplinary study engages law, history, and political theory in a first attempt to crystallize the lessons the global 'refugee crisis' can teach us about the nature of international law. It connects the dots between the actions of Jewish migrants to Palestine after WWII, Vietnamese 'boatpeople', Haitian refugees seeking to reach Florida, Middle Eastern migrants and refugees bound to Australia, and Syrian refugees currently crossing the Mediterranean, and then legal responses by states and international organizations to these movements. Through its account of maritime migration, the book proposes a theory of human rights modelled around an encounter between individuals in which one of the parties is at great risk. It weaves together primary sources, insights from the work of twentieth-century thinkers such as Hannah Arendt and Emmanuel Levinas, and other legal materials to form a rich account of an issue of increasing global concern.

By their very nature, ships do not stay put. They are also uniquely vulnerable to arrest. The good sense of a work which covers the law of arrest in multiple significant maritime jurisdictions is not hard to see. Derrington & Turner should be at the elbow of lawyers, insurers, ship owners, and maritime claimants across the globe. In addition to its practical value, the scholarly and uniquely comparative approach taken by this book advances the understanding of the law practised in the Admiralty jurisdictions, particularly in an era when the sheer volume of decisions produced by the future Lord Brandon are a distant and fast-receding memory. As with the first edition of this well-regarded work, difficult and unsettled points of law are analysed alongside considered illustrations drawn from the case law of England, Australia, Canada, Hong Kong, New Zealand, Singapore and South Africa. The book has been fully revised and updated with significant developments in both the substantive admiralty law and procedural rules of major jurisdictions, including changes to the conventions which affect limitation of liability on a ship owner and to the rules on stay for arbitration, the jurisprudence of arrest procedures and cross-border insolvencies, and judicial and academic evaluations of the true nature of a maritime lien. Interactions with the recast Brussels jurisdiction regulation are also discussed in this second edition.

Equity emerged as a powerful symbol of aspired redistribution in international relations. Operationally, it has had limited impact in the Westphalian system of nation states - except for maritime boundary delimitations. This book deals with the role of equity in international law, and offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea. It assesses treaty law and the impact of the United Nations Convention on the Law of the Sea. It depicts the process of trial and error in the extensive case law of the International Court of Justice and arbitral tribunals and expounds the underlying principles and factors informing the methodology both in adjudication and negotiations. Unlike other books, the main focus is on equity and its implications for legal methodology, in particular offering further guidance in the field of international economic law.

Bringing a fresh, comparative approach to transport documents used in the carriage of goods by sea, this book covers bills of lading, sea waybills, ship's delivery orders, multimodal transport documents, and electronic transport documents. The book covers historic developments, current conventions, and thoughts for the future on these transport documents; and delves deeply into the legal issues concerning them. It represents a comprehensive compilation of case and statute law from around the world on this subject. In addition to English law, the book covers American, French, German, and Italian laws, as well as the laws of several East Asian jurisdictions (China, Japan, South Korea). Primarily, the book will be of use to maritime law scholars and students, and lawyers who deal with shipping. It may also be of interest to international traders, banks, and ship masters and officers.

In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.

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 skeptical 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 analyzes the inter-relationship between the substantive and procedural rules.

There is considerable writing on the laws designed to regulate war, but most of this material is devoted to international wars between different states. Lindsay Moir examines the laws which exist to protect civilians caught up in armed conflicts within a single state. This book traces the development of international law from the nineteenth century, up to events arising from the conflicts in Rwanda and the former Yugoslavia. It demonstrates how human rights can offer protection during armed conflict and how effectively (and by whom) the relevant rules can be enforced.

Written by a team of acclaimed practitioners and leading academics, this book brings together in one single volume an analysis of contemporary legal issues concerning ship building, sale and finance contracts. It offers a comprehensive, expert and thoroughly practical guide on what is a very complex area of law in today's international shipping industry. The book presents a detailed and critical analysis of standard and non-standard shipbuilding and sale contracts, including vital but often overlooked issues such as payment and refund guarantees, which have been at the forefront of recent litigation and practice. It also critically and thoroughly analyses several types of standard insurance contracts, including shipbuilder's risks and mortgagee's interests, which are not adequately dealt with elsewhere and it provides a critical and contemporary discussion on the legal and practical issues surrounding ship finance, ship mortgages and more esoteric issues such as the use of bareboat charters and financial derivatives. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide. The book is divided into 3 parts; Legal Issues relating to Ship Building, Ship Sale Contracts and Practice, and Legal and Practical Issues relating to Ship Finance. Each has been expertly contributed to by the leading practitioners and academics in the field from top firms, chambers and institutions including; Ince & Co, Quadrant Chambers, Haynes and Boone CDG, LLP, Holman Fenwick Willan LLP, Watson Farley & Williams LLP, 7 Kings Bench Walk, and Institute of International Shipping and Trade Law (IISTL) of Swansea University.

The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to influence the law of the sea in the future. As the case law under UNCLOS is less extensive than some other areas of compulsory jurisdiction like trade and investment, the phenomenon of dispute settlement under UNCLOS is under-studied by comparison. Cases have not only refined the parameters for the exercise of compulsory jurisdiction under the Convention, but also contributed to the interpretation and application of substantive rights and obligations in the law of the sea. In relation to jurisdiction, there is important guidance on what disputes are likely to be subjected to binding third-party dispute resolution, which is a critical consideration for a treaty attracting almost 170 parties. Judging the Law of the Sea brings together an analysis of all the case law to the present day while acknowledging the complex factors that are inherent to the judicial decision-making process. It also engages with the diverse facets that continue to influence the process: who the Judges are, what they do, and what their roles might or should be. To capture the complex decision matrix, the authors explore the possible application of stakeholder identification theory to explain who and what counts in the decision-making process.

P&I Clubs Law and Practice 4th edition is a detailed but easy-to-follow account of the constitution, workings and daily practice of mutual and indemnity clubs. Designed to be a practical reference source for anyone who is in any way involved with mutual insurance, it offers comprehensive guidance on the complex area of P&I Clubs. Product Description The new 4th edition has been fully revised and updated since the last edition was written in 1999. New areas emphasised in the 4th edition include: Piracy Charterers liability insurance Defence Cover Disputes concerning the Inter-Club Agreement Enforceability of arbitration agreements in the Clubs Rules. The Clubs obligation to, (i) make direct payments under certificates, (ii) pay death/personal injury claims in the event of a Members insolvency, and (iii) responsibility for indivisible personal injury claims. It also covers recent major legislative and related developments such as (i) the entry into force of the Bunker Con

War, Terror and Carriage by Sea provides a comprehensive legal analysis of the law and practice relating to the impact of war or war related risks, terrorism and piracy on international commercial shipping. It includes a detailed review of: * International Hull Clauses, the Institute War and Strikes Clauses, and by the P&I Associations and War Risk Associations in respect of war, war related, terrorist and associated risks * The impact of the threat oroccurrence of such risks on international carriage by sea including a review of the principal time and voyagecharter forms * A detailed review of the December 2002 amendments to the SOLAS 1974 Convention and the regulations and provisions contained in the ISPS Code

Miller's Marine War Risks is the only book devoted to drawing together and analysing the insurance of commercial shipping against war risks. It merges analysis of the legal principles, case law, and legislation with the practice of the insurance market in order to provide commentary on difficult questions concerning liabilities, claims, and coverage. With global events becoming more uncertain in the Gulf and elsewhere, the updating of Michael Miller's classic text will be of great use to legal practitioners, the insurance market, and the shipping industry throughout the world.

Compiled by the United Nations Office of Legal Affairs, this bibliography covers 20 subject categories based on the major topics of the United Nations Convention of the Law of the Sea. It is intended for the use of those interested in ocean affairs and the law of the sea matters in general and in the UN Convention on the Law in the Sea

New Technologies, Artificial Intelligence and Shipping Law in the 21st Century consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 14th International Colloquium at Swansea Law School in September 2018. 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 new technology and shipping. The book is set out in three parts: Part I offers a detailed and critical analysis of issues that are emerging, and those that are likely to emerge, from the use of advanced computer technology, particularly at the contracting process and in the context of issuing trading documents. Part 2 focusses on artificial intelligence and discusses the contemporary issues that will emerge once autonomous ships and similar crafts are put to use in the world's oceans. As well as this, the legal impact of ports utilising artificial intelligence and computer technology will also be considered. Part 3 analyses how the increasing use of legal technology is changing insurance underwriting and shipping litigation. An invaluable guide to the recent technological advances in shipping, this book is vital reading for both professional and academic readers.