This book delves into the major developments triggered by the hydrocarbon discoveries in the Eastern Mediterranean over the last twenty years, focusing on maritime boundary delimitation. Examining the impact that the hydrocarbon discoveries have had on the application of the law of the sea rules by the East Med states, the book looks at the new trends concerning the implementation of the law of the sea in the region. The book analyses regional state practice in terms of maritime delimitation, namely the conclusion of bilateral agreements based on the law of the sea rules, both conventional and customary, reflecting the East Med states' willingness to cooperate in order to reap the benefits of the energy windfall. Alongside this analysis, an outline of the hydrocarbon discoveries and the pertinent maritime activities is given, as well as further coverage of the overlapping maritime claims and disputes between Greece, Cyprus and Turkey on one side, and Lebanon and Israel on the other. Moreover, the book examines the validity of maritime claims made by or through non-state entities in the region, namely the State of Palestine, the UK Sovereign Base Areas and the so-called 'Turkish Republic of Northern Cyprus' and their potential impact on the delimitation agreements already in place. The book argues that the East Med paradigm concerning the successful application of the pertinent norms in maritime delimitation proves that international law is resilient and capable of providing solutions in other turbulent regions around the globe. This book will be of interest and importance to academics and students of international law, professionals in the oil and shipping industries, legal professionals and government agencies.

The Supreme Court ruling in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU) created a shock wave in the London marine insurance market, as the Supreme Court decision changed the boundaries of doctrine with respect to the meaning of 'perils of the sea' and 'inherent vice'. Both phrases play an important role in the insurance market, affecting both assureds and insurers and their respective interests under all classes of marine insurance policies. This book reviews the origin of the clauses 'perils of the sea' and 'inherent vice' by tracing back through the early cases in order to understand the origin and noting how and why the changes occurred. It will examine how the law has been developed in the recent cases and discuss whether the Supreme Court case The Cendor MOPU has overruled the previous cases in terms of the clauses 'inherent vice' and 'perils of the sea'. Considering the impact of The Cendor MOPU decision with respect to the Marine Insurance Act 1906, as well as the standard Institute Cargo Clauses, it evaluates whether the decision is consistent with these things and discusses the effect of the decision on recent cases and on the insurance market.

The law of maritime delimitation has been shaped by the interpretation of certain provisions of the United Nations Convention on the Law of the Sea, which has led to State practice being neglected in current scholarship. This book presents an overview of the under-examined question of the impact of State practice in Latin America and the Caribbean on the development of the law of maritime delimitation. Examining the status of maritime boundaries in Latin America and the Caribbean, this book also ponders the impact of State practice and case law on the law of maritime delimitation. It outlines the historical framework of the establishment of maritime jurisdiction during colonial times and assesses the evolution of maritime delimitation and the contribution of Latin America and the Caribbean to the modern law of the sea. It discusses the law of maritime delimitation and, through jurisprudence, the development of the three-stage methodology to describe and explain maritime delimitation agreements in Latin America and the Caribbean according to the method or methods of delimitation employed. It reviews maritime boundaries in Latin America and the Caribbean that were submitted to third-party adjudication as well as provisional arrangements, considering the role of State practice in Latin America and the Caribbean on the development of the law of maritime delimitation. With a renewed focus on maritime delimitation, and increasing litigation focused on Latin America and the Caribbean, the book will be of interest to students, academics and practitioners in the fields of international law, law of the sea, and State practice.

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.

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.

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.

This book covers in one handy volume all the major topics associated with ship operations. Carefully, co-ordinated to ensure breadth, relevance and lack of overlap, the topics covered are addressed by authors are the very top of their profession, whether in legal practice or academia, and are presented in a manner which is topical and clear. Part I offers a detailed and critical analysis of issues of contemporary importance concerning new liability regimes and developments. Part 2 discusses how parties, in particular ship operators, attempt in contemporary practice to allocate their risks concerning ship operations. Part 3 evaluates the legal position of those involved in more 'back office' operations. The book provides an invaluable guide to recent legal and practical developments and offers a comprehensive, well-informed and thoroughly practical guide on what is a very complex and developing area of law. It will therefore be of great use to legal practitioners and administrators of ship operations worldwide, as well as students in this area and academics associated with maritime law generally.

This book covers wreck law as an integrated whole, going beyond the question of "removal" to include issues such as the ownership of wreck and how the law deals with the many commercial law problems arising after ships have been wrecked during the maritime commercial adventure. The book offers authoritative guidance on the genesis and meaning of the Nairobi Wreck Removal Convention 2007, and the interpretation of its often-complex provisions as they apply both to States trying to use its powers and to shipowners and liability insurers faced by its obligations. The authors explain the increasingly complex inter-relationship between linked areas of maritime law, including salvage, intervention and the overlapping international regimes which deal with pollution from oil, bunkers or hazardous and noxious substances. The book examines how a salvage operation transitions to wreck removal and links the liability provisions with the standard form international commercial contracts actually used by the industry to remove wrecks, eg BIMCO's Wreckstage 2010, Wreckhire 2010 and Wreckfixed 2010. It also covers the complex requirements concerning the disposal of wrecks, including the latest recycling regulations applicable in 2019. The Law of Wreck will be of value to shipping industry professionals, insurers and legal practitioners, as well as academics and students of maritime law.

The book makes an original contribution to maritime security and the law of the sea by assessing how law, politics and strategy instersect to provide different perspectives of freedoms on navigation in the Asia-Pacific.

Now it its second edition, The Law of Yachts and Yachting is a comprehensive treatise on the law relating to yachts and provides its readers with a thorough analysis of maritime law as relevant to the superyacht sector. Written by a team of leading yachting practitioners and researchers, it covers the legal issues arising during the life of a yacht. The book is written for the legal practitioner, yacht-broker and manager concerned with the operation of professionally crewed yachts including financing, registration, chartering, insurance, compliance and casualty management. Key Features - *The only practitioners' book on the area *It covers all major aspects of yachting law in a single book *The Law of Yachts and Yachting is highly comprehensive - despite its main focus on contract and tort law, it contains references to public law and international law and practice *References to case law, English, foreign and international *Appendices containing essential source materials The second edition will cover important changes in the superyacht industry such as: the new MYBA Charter Form 2017, the Large Yacht Code (LY3) and the Passenger Yacht Code, both shortly to be consolidated into the new REG-YC, and the coming into force of the Maritime Labour Convention 2006, to name just a few.

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.

Are international fisheries heading away from open access to a global commons towards a regime of property rights? The distributional implications of denying access to newcomers and re-entrants that used the resource in the past are fraught. Should the winners in this process compensate the losers and, if so, how? Regional Fisheries Management Organisations, in whose gift participatory rights increasingly lie, are perceptibly shifting their attention to this approach, which has hitherto been little analysed; this book provides a review of the practice of these bodies and the States that are their members. The recently favoured response of governments, combating 'IUU' - illegal, unregulated and unreported - fishing, is shown to rest on a flawed concept, and the solution might lie less in law than in legal policy: compulsory dispute settlement to moderate their claims and an expansion of the possibilities of trading of quotas to make solving the global overcapacity issue easier.

This book is the first of its kind to explore the problems inherent in the unification of maritime law. Featuring contributions from leading experts at European maritime law research centres, it considers international conventions, current maritime practice, standard forms and recently adopted or drafted national codifications of maritime law from the codification point of view. The book is divided into four parts which represent different views on the main topic. Part I gathers chapters dedicated to different aspects and methods of unification of maritime law on a global scale, as well as several specific issues of maritime law from the regulatory point of view. Part II of the book consists of those papers that centre around the issue of transport of goods. Part III is dedicated to codifications of carriage of passengers, cruise law and leisure navigation. Finally, Part IV addresses national codifications of maritime law. Codification of Maritime Law: Challenges, Possibilities and Experience seeks to provide common ground for future unification of maritime law, which makes the book useful both for private and public maritime lawyers and states' maritime administrations worldwide.

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.

This book examines third party protection in shipping. Today, shipping is not just a part of the supply chain; it is indistinguishable from it. Once at the periphery, third party protection is now a central element of carriage. This matter is addressed by means of analysis of the current legal framework in relation to third parties and an evaluation of how, within this framework, the law applicable to a third party may be uncovered. Third party protection is analysed under the following: the Hague/Hague-Visby Rules; the Hamburg Rules; the Rotterdam Rules; English law and United States law; and civil law. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in shipping and international trade.

Over the last few decades there has been growing recognition of the importance of a peaceful and stable South China Sea for Indo-Pacific security and development, a recognition that has been underlain, paradoxically, by the increasingly precarious situation in this body of water that straddles critical shipping lanes from the Indian to the Pacific Ocean. This book informs its readership of the most recent developments in the South China Sea with insightful and prescient analyses from both legal and international relations perspectives. It delves into the policy perspectives and deliberations of the various relevant regional and extra-regional actors in the South China Sea dispute, the exercise of international law in the context of the changing regional political landscape, and the promise and pitfalls of past, current, and potential initiatives to manage and settle the dispute. Written by some of the most well-known scholars and knowledgeable insiders in the fields South China Sea studies, the collection offers a wide array of diverse views that should help enrich the ongoing global discussion on conflict management and resolution in the South China Sea.

Maritime Cross-Border Insolvency is a comprehensive comparative examination of both insolvency regimes (UNCITRAL and EU) in shipping with reference to the main jurisdictions having adopted the UNCITRAL regime, i.e. USA, UK, Greece.

The Supreme Court ruling in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU) created a shock wave in the London marine insurance market, as the Supreme Court decision changed the boundaries of doctrine with respect to the meaning of 'perils of the sea' and 'inherent vice'. Both phrases play an important role in the insurance market, affecting both assureds and insurers and their respective interests under all classes of marine insurance policies. This book reviews the origin of the clauses 'perils of the sea' and 'inherent vice' by tracing back through the early cases in order to understand the origin and noting how and why the changes occurred. It will examine how the law has been developed in the recent cases and discuss whether the Supreme Court case The Cendor MOPU has overruled the previous cases in terms of the clauses 'inherent vice' and 'perils of the sea'. Considering the impact of The Cendor MOPU decision with respect to the Marine Insurance Act 1906, as well as the standard Institute Cargo Clauses, it evaluates whether the decision is consistent with these things and discusses the effect of the decision on recent cases and on the insurance market.

This book delves into the major developments triggered by the hydrocarbon discoveries in the Eastern Mediterranean over the last twenty years, focusing on maritime boundary delimitation. Examining the impact that the hydrocarbon discoveries have had on the application of the law of the sea rules by the East Med states, the book looks at the new trends concerning the implementation of the law of the sea in the region. The book analyses regional state practice in terms of maritime delimitation, namely the conclusion of bilateral agreements based on the law of the sea rules, both conventional and customary, reflecting the East Med states' willingness to cooperate in order to reap the benefits of the energy windfall. Alongside this analysis, an outline of the hydrocarbon discoveries and the pertinent maritime activities is given, as well as further coverage of the overlapping maritime claims and disputes between Greece, Cyprus and Turkey on one side, and Lebanon and Israel on the other. Moreover, the book examines the validity of maritime claims made by or through non-state entities in the region, namely the State of Palestine, the UK Sovereign Base Areas and the so-called 'Turkish Republic of Northern Cyprus' and their potential impact on the delimitation agreements already in place. The book argues that the East Med paradigm concerning the successful application of the pertinent norms in maritime delimitation proves that international law is resilient and capable of providing solutions in other turbulent regions around the globe. This book will be of interest and importance to academics and students of international law, professionals in the oil and shipping industries, legal professionals and government agencies.

Maritime piracy's improbable re-emergence following the end of the Cold War was surprising as the image of pirates evokes masted galleons and cutlasses. Yet, the number of incidents and their intensity skyrocketed in the 1990s and 2000s off of the coasts of Indonesia, Malaysia, the Philippines, India, Bangladesh, Nigeria, and Somalia. As Ursula Daxecker and Brandon Prins demonstrate in Pirate Lands, Maritime piracy-like civil war, terrorism, and organized crime-is a problem of weak states. Surprisingly, though, pirates do not operate in the least governed areas of weak states. Daxecker and Prins address this puzzle by explaining why some coastal communities experience more pirate attacks in their vicinity than others. They find that pirates do well in places where elites and law enforcement can be bribed, but they also need access to functioning roads, ports, and markets. Using statistical analyses of cross-national and sub-national data on pirate attacks in Indonesia, Nigeria, and Somalia, Daxecker and Prins detail how governance at the state and local level explain the location of maritime piracy. Additionally, they employ geo-spatial tools to rigorously measure how local political capacity and infrastructure affect maritime piracy. Drawing upon interviews with former pirates, community members, and maritime security experts, Pirate Lands offers the first comprehensive, social-scientific account of a phenomenon whose re-appearance after centuries of remission took almost everyone by surprise.

Illegality in Marine Insurance Law is the first book to deal specifically with illegality in the context of marine insurance law. Previously, this issue has only ever been partially covered within analysis and criticism of Section 41 of the Marine Insurance Act 1906 and warranties. However, Dr Wang Feng goes much further than this by considering its impact on the common law relevant to marine insurance in many jurisdictions worldwide. The book addresses whether the existing law represents an accurate codification of the former authorities and whether Section 41 truly reflects existing legal principles. As well as this, the book examines how correctly to approach illegality within the context of marine insurance, considering the fundamental changes to the rule of breach of warranty introduced by the Insurance Act 2015. Of interest to academic researchers and practitioners in common law and civil law jurisdictions, this book provides rigorous analysis of the illegality issue and a conceptual approach for various approaches to reform marine insurance law. It is a unique and comprehensive guide to illegality in marine insurance law.

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.

Foreword by Tony Press and Foreword by Bernie Funston'As climate change thrusts the Arctic and Antarctic towards the top of the global political agenda, this timely collection provides a broad overview of the issues, the options, and the rules and institutions that are already in place.' - Michael Byers, University of British Columbia, Canada and author of International Law and the Arctic 'While at opposite ends of the earth, the shared characteristics of the Arctic and Antarctic are identified by this multidisciplinary collection of essays. Both regions need effective, flexible governance - whether through the Antarctic Treaty System or the Arctic Council - if they are to respond to the challenges of commercialization of hydrocarbons, climate change and the marine environment. Internationally recognized scholars grapple with the global politics of the polar regions, the perspectives of the Inuit people and the role of joint development. This invaluable, well-researched and stimulating collection clarifies the geopolitical and socio-economic dynamics of some of the world's most fragile and vulnerable environments.' - Gillian Triggs, Australian Human Rights Commission This timely book provides a cutting-edge assessment of how the dynamic ocean regions at the highest latitudes on Earth are being managed in an era of unprecedented environmental change. The Arctic and Southern Oceans are experiencing transformative environmental change as a result of climate change and ocean acidification. As areas of unparalleled environmental, cultural and scientific value, they are crucibles for testing how integrated, eco-systemic governance frameworks can be developed to meet and address volatile environmental, political and economic challenges. Drawing especially on Australian and Canadian experiences in polar oceans management through multilateral global and regional institutions, the book identifies policy options for improving the governance of the Arctic and Southern Oceans. In offering a pioneering 'bipolar' assessment of environmental management at both polar regions, this important book will be an essential resource for policy-makers, scholars and students actively engaged in discussion and debate on the future of polar oceans governance in the Anthropocene. Contributors: R. Davis, M. Doelle, M. Haward, R. Huebert, J. Jabour, R. Abdul Kadir, L. Kriwoken, S. Lalonde, D. Leary, T.L. McDorman, R. Rayfuse, D.R. Rothwell, T. Stephens, D.L. VanderZwaag, M. Weber, S. Wright

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.

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.