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.

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.

Anyone who deals with shipping disputes requires access to a mass of source materials. These include international conventions, statutes and statutory instruments, arbitration rules, and the most commonly encountered bills of lading, charterparties, insurance clauses, guarantees and other contracts. Details of the parties to the international conventions are also required. The Shipping Law Handbook collects all this material in one convenient and easy-to-use volume. The Handbook deals with the following areas: arrest, jurisdiction and applicable law; arbitration; limitation of liability; cargo claims; collision; marine insurance; oil pollution; salvage, toward and general average; standard forms. Each section has an introduction which gives a brief overview of the materials included, setting them in their context, and noting probably future developments. The Handbook has been fully revised for this sixth edition. New items include: the European Judgments Regulation (Recast) 2012, the LMAA Terms 2017, the Insurance Act 2015, the York-Antwerp Rules 2016, the Inter-Club Agreement 1996 (amended 2011), Barecon 2017, Congenbill 2016, NYPE 2015 and updated lists of parties to international conventions. The Handbook is a highly practical work, which anyone involved in shipping will wish to keep conveniently to hand. It is an essential reference work for shipping lawyers, arbitrators, P&I Clubs and their correspondents, shipowners, ship masters, agents and brokers.

Conflict at sea has been transformed by disruptive technologies, creating a dynamic and distributed operational environment that extends from the oceans to encompass warfare on land, in the air, outer space, and cyberspace. This raises choice of law decisions that include the law of naval warfare and the law of armed conflict, neutrality law, and the peacetime regimes that apply to the oceans, airspace, outer space, and cyberspace. The international law in networked naval warfare must contend with autonomous vessels and aircraft, artificial intelligence, and long-range precision strike missiles that can close the kill chain at sea and beyond. The asymmetrical use of merchant ships and blockchain shipping in naval operations, opening of the seabed as a new dimension of undersea warfare, and sophisticated attacks against submarine cables and space satellites pose new operational and legal dilemmas. Navigating this broader conception of the international law of naval warfare requires an understanding of emerging operational capabilities and concepts throughout the spectrum of conflict and the selection and integration of distinct legal regimes. This book gives readers an understanding of the discrete but overlapping legal frameworks connected to the law of naval warfare and explores related concepts of seapower and naval technology.

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. The volume examines how the IMO, with 171 Member States and 3 Associated Members, has and continues to promote the goals of safe, secure, sound, and efficient shipping on clean oceans. It studies the interface and interaction between UNCLOS and IMO instruments and how IMOs safety, security, and environmental protection conventions have contributed to global ocean governance, including the peaceful order of the polar regions.

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. This volume focuses on the role of the UN Specialized Agencies towards the development of effective and sustainable ocean governance by looking at the more elaborate mechanisms they developed in order to achieve the desired objectives laid down in UNCLOS. From FAO to UNODC, the volume examines how they ensure sustainable development and how much coordination exists among them.

As climate change makes the Arctic a region of key political interest, so questions of sovereignty are once more drawing international attention. The promise of new sources of mineral wealth and energy, and of new transportation routes, has seen countries expand their sovereignty claims. Increasingly, interested parties from both within and beyond the region, including states, indigenous groups, corporate organizations, and NGOs and are pursuing their visions for the Arctic. What form of political organization should prevail? Contesting the Arctic provides a map of potential governance options for the Arctic and addresses and evaluates the ways in which Arctic stakeholders throughout the region are seeking to pursue them.

This book provides a user-friendly and practical guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides a comprehensive overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea, which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf Cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. The book provides over forty clear technical illustrations prepared by Robin Cleverly, one of the leading technical experts in international dispute resolution, to carefully demonstrate the key issues at stake in this complex area of law. Technological developments in the exploitation of maritime natural resources (including oil and gas) have provided a significant impetus for recent boundary disputes, as they have made the resources found in remote areas of the ocean and seabed more accessible. However, these resources cannot effectively be exploited at the moment, as hundreds of maritime boundaries worldwide remain undelimited. The book therefore complements the legal considerations raised with substantial technical input. It also identifies key issues in maritime delimitation which have yet to be resolved, and sets out the possible future direction the law may take in resolving them. It will be an unique and valuable resource for lawyers involved in cases involving maritime delimitation, and scholars and students of the law of the sea.

The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy jure gentium and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.

Being at the confluence of the Atlantic Ocean, the Indian Ocean and the Southern Ocean, South Africa plays a considerable role in the smooth running of maritime commerce and the diverse efforts to ensure the sustainable development of the marine environment. "South Africa and the Law of the Sea" brings together the many threads of the rich South African marine-law tapestry by covering both the public international law as context and the details of South African marine law and policy within their African framework. The result is a tool to foster implementation, co-ordination and further research at the domestic level as well as a platform to facilitate comparative work to strengthen Africa s jurisprudence and influence in maritime matters.

In Maritime Power and the Law of the Sea: Expeditionary Operations in World Politics, Commander James Kraska analyzes the evolving rules governing freedom of the seas and their impact on expeditionary operations in the littoral, near-shore coastal zone. Coastal state practice and international law are developing in ways that restrict naval access to the littorals and associated coastal communities and inshore regions that have become the fulcrum of world geopolitics. Consequently, the ability of naval forces to project expeditionary power throughout semi-enclosed seas, exclusive economic zones (EEZs) and along the important sea-shore interface is diminishing and, as a result, limiting strategic access and freedom of action where it is most needed.
Commander Kraska describes how control of the global commons, coupled with new approaches to sea power and expeditionary force projection, has given the United States and its allies the ability to assert overwhelming sea power to nearly any area of the globe. But as the law of the sea gravitates away from a classic liberal order of the oceans, naval forces are finding it more challenging to accomplish the spectrum of maritime missions in the coastal littorals, including forward presence, power projection, deterrence, humanitarian assistance and sea control. The developing legal order of the oceans fuses diplomacy, strategy and international law to directly challenge unimpeded access to coastal areas, with profound implications for American grand strategy and world politics.

This abridged edition of a two volume set presents the sometimes bewildering array of maritime law doctrines in a clear, readily comprehensible, and concise fashion. Extracts from all the leading cases and statutes are supplemented by expert commentary and references for further reading.

The 1982 Convention on the Law of the Sea, the overarching governance framework for the world's oceans, has been signed and ratified by 156 countries and the European Community, but not by the United States. Washington treats most of the convention and the 1994 agreement on its implementation as customary international law, but it remains among only a handful of countries, including Libya and North Korea, that have yet to formally accede to the convention.

The balance of power is now shifting in Washington, making prospects for U.S. Senate consent to the convention in 2009 more likely than ever. Written by a leading expert on ocean governance, this report offers a fresh appraisal of the convention's merits and pitfalls in light of the current geopolitical seascape and examines whether it is in U.S. strategic interests to now officially join the convention.

The States Parties to this Convention, prompted by the desire to settle, in a spirit of mutual understanding and co-operation, all issues relating to the law of the sea and aware of the historic significance of this Convention as an important contribution to the maintenance of peace, justice and progress for all peoples of the world, Noting that developments since the United Nations Conferences on the Law of the Sea held at Geneva in 1958 and 1960 have accentuated the need for a new and generally acceptable Convention on the law of the sea, Conscious that the problems of ocean space are closely interrelated and need to be considered as a whole, recognising the desirability of establishing through this Convention, with due regard for the sovereignty of all States, a legal order for the seas and oceans which will facilitate international communication, and will promote the peaceful uses of the seas and oceans, the equitable and efficient utilisation of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment, bearing in mind that the achievement of these goals will contribute to the realisation of a just and equitable international economic order which takes into account the interests and needs of mankind as a whole and, in particular, the special interests and needs of developing countries, whether coastal or land-locked. Desiring by this Convention to develop the principles embodied in resolution 2749 (XXV) of 17 December 1970 in which the General Assembly of the United Nations solemnly declared inter alia that the area of the seabed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction, as well as its resources, are the common heritage of mankind, the exploration and exploitation of which shall be carried out for the benefit of mankind as a whole, irrespective of the geographical location of States, believing that the codification and progressive development of the law of the sea achieved in this convention will contribute to the strengthening of peace, security, co-operation and friendly relations among all nations in conformity with the principles of justice and equal rights and will promote the economic and social advancement of all peoples of the world, in accordance with the Purposes and Principles of the United Nations as set forth in the Charter, affirming that matters not regulated by this Convention continue to be governed by the rules and principles of general international law.

This is the 2006 single volume edition of the abridged, or "student," version of the authors' legal treatise on admiralty and maritime law.

This is Volume 2 of a two volume case book on admiralty and maritime law written by three leading and well known law professors at Tulane Maritime Law Center of the Tulane Law School.

This is volume one of a two volume case book on admiralty and maritime law written by three leading and well known law professors at Tulane Law School.

The objectives set forth by the passage of the Marine Resources and Engineering Development Act of 1966 marked a turning point in U.S. policy toward marine affairs, inaugurating a fresh set of active goals regarding the use of ocean resources. These include expanding the knowledge of the ocean frontier; enhancing commerce and navigation on it; rehabilitating commercial fisheries; encouraging private investment for exploration and development of mineral wealth of the seas; advancing education and training in marine science and engineering; and improving the capabilities, performance, and use of vehicles and instruments for exploring the marine environment with the intent of recovering its resources and utilizing its energies.The primary focus of this volume is on U.S. policy toward the oceans, this being the first concern of ocean engineers in this country. Numerous documents and illustrative material are included, however, relating to the policies of other states and to measures of international cooperation where these are particularly relevant to American interests or activities, or are instructive of other approaches to specific situations. Though the body of knowledge on this subject is undergoing considerable change, the present collection has selected and assembled for study those issues associated with increased utilization of the marine environment and is based on an original compilation used in the new Graduate Ocean Engineering degree program inaugurated by the Department of Naval Architecture and Marine Engineering at M.I.T.The book will serve those who are currently involved, or plan to be, in the growing utilization of ocean resources. Government officials, engineers, industrialists, management experts and members of the voting public will find it a contribution to the advancement of knowledge of the seas and the considerations necessary for establishing more enlightened practices in its exploration and utilization as a natural resource.Ten chapters discuss the major facets of public policy: New Goals for National Policy; Territorial Waters and Contiguous Zones; The Continental Shelf; The Seas and International Law; Living Resources of the Sea and Their Regulation; Mineral Resources and Their Exploitation; Pollution of Waters; Safety of Life at Sea; Models for the Future; Political Process and the Future of National Ocean Policy.

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.

Now in its third edition, Merchant Shipping Legislation is a useful tool tool for those wishing to refer to the UK and Commonwealth merchant shipping statutes. Organized in subject areas and regularly updated, this complete annotation and commentary on the UK and Commonwealth merchant shipping legislation will be of use to the work of maritime lawyers in the UK and overseas. All the provisions of the various merchant shipping acts are contained in a single easy-to-use volume organized in subject areas. Divided into twenty chapters, the work addresses all the most important areas including: registration; collisions; salvage; pilotage; environmental protection; oil pollution and carriage of goods.

Now presented in two convenient volumes, the sixth edition of Berlingieri on Arrest of Ships is an invaluable source of information, detailing the claims in respect of which a ship may be arrested, the conditions for obtaining an order of arrest, the need for a security, the manner by which the ship that has been arrested may be released, the possibility of a multiple arrest and the jurisdiction on the merits. Focused on the 1999 Arrest Convention, volume II provides a unique, thorough, and updated commentary, analysing each provision with reference to its interpretation in a significant number of States Parties. Moreover, the original comments have been reviewed on the basis of the Travaux Preparatoires of the Convention, which the Author has collected and arranged under each article. In addition to this, the Travaux Preparatoires are now included as a new and important appendix to the volume. Written by a renowned expert in the field, and analysing the various conventions relating to the arrest of ships in an article-by-article and paragraph manner, this book is a useful reference tool for practitioners, as well as academics and post-graduate students of maritime law.

Oil and natural gas, which today account for over 60% of the world's energy supply, are often produced by offshore platforms. One third of all oil and gas comes from the offshore sector. However, offshore oil and gas installations are generally considered intrinsically vulnerable to deliberate attacks. The changing security landscape and concerns about the threats of terrorism and piracy to offshore oil and gas installations are major issues for energy companies and governments worldwide. But, how common are attacks on offshore oil and gas installations? Who attacks offshore installations? Why are they attacked? How are they attacked? How is their security regulated at the international level? How has the oil industry responded? This timely and first of its kind publication answers these questions and examines the protection and security of offshore oil and gas installations from a global, industry-wide and company-level perspective. Looking at attacks on offshore installations that occurred throughout history of the offshore petroleum industry, it examines the different types of security threats facing offshore installations, the factors that make offshore installations attractive targets, the nature of attacks and the potentially devastating impacts that can result from attacks on these important facilities. It then examines the international legal framework, state practice and international oil and gas industry responses that aim to address this vital problem. Crucially, the book includes a comprehensive dataset of attacks and security incidents involving offshore oil and gas installations entitled the Offshore Installations Attack Dataset (OIAD). This is an indispensable reference work for oil and gas industry professionals, company security officers, policy makers, maritime lawyers and academics worldwide.

Maritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 13th International Colloquium at Swansea Law School in September 2017. 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 maritime liabilities. The book is set out in two parts: - Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities - Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.