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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Transport law
These Recommendations have been developed by the United Nations Economic and Social Council's Committee of Experts on the Transport of Dangerous Goods in the light of technical progress, the advent of new substances and materials, the exigencies of modern transport systems and, above all, the requirement to ensure the safety of people, property and the environment. They are addressed to governments and international organizations concerned with the regulation of the transport of dangerous goods. They do not apply to the bulk transport of dangerous goods in sea-going or inland navigation bulk carriers or tank-vessels, which is subject to special international or national regulations.
This book provides expert analysis of the application of the evolving law in Corporate Manslaughter as it relates to the Maritime and Aviation industries. It will prove to be a useful tool for practitioners and students in this specialised area, as well as those working in the maritime and aviation industries, such as those who will be accountable under the Corporate Manslaughter Act 2007; the Masters and Pilots who manage the risks; and the insurers who underwrite the cost of the risks. The author will discuss areas such as: The liability towards passengers and employees The Prosecution of offenders Comparative analysis of corporate manslaughter in the wider, global industry
Now in its fourth edition, this hallmark text provides a comprehensive, article-by-article guide to the workings of the CMR Convention, as incorporated into English Law by the Carriage of Goods by Road Act 1965. This new edition is fully up to date with all major UK case law, plus major developments in the interpretation of the Convention in the case law of other Contracting States. Furthermore, the book includes expert guidance on the amendments introduced by the additional protocol concerning the electronic consignment note of 2008. The relationship between CMR and potentially conflicting legislation, in particular the Judgments Regulation of 2001 and the Judgments Regulation (recast) of 2012, are also usefully examined. Praised as well-written and extremely accessible, Messent and Glass offer a level of expert detail and referencing that cannot be found elsewhere. This work is an invaluable reference tool that can be used by the busy legal practitioner, and by other road haulage industry professionals, in any contracting state, to solve the issues that confront them in daily practice. It is also an indispensable guide for academics and students of the international carriage of goods by road.
When will we see autonomous vehicles on our roads? The answer is that to some degree, they are already here. Numerous organisations are testing fully autonomous prototypes on public roads in the UK, and even commercially available vehicles already have several 'quasi-autonomous' features. KPMG has forecasted that the connected and autonomous vehicles market could be worth as much as GBP51 billion to the British economy by 2030 and could create some 30,000 new jobs over the same period. Accordingly, the UK and a number of other jurisdictions are already implementing legal reforms with a view to smoothing the path for this technology. Notably, Parliament has passed the Automated and Electric Vehicles Act 2018 dealing with the insurance of such vehicles, and changes are currently being made to the Road Vehicle (Construction and Use) Regulations 1986 and to the Highway Code to accommodate highly automated technologies. The government has also issued non-statutory guidance in relation to testing on public roads, and in relation to vehicle cybersecurity. Against this rapidly changing landscape, this book analyses the key legal issues facing autonomous vehicles, including testing on public roads, insurance, product liability, and cyber security and data protection. It also examines the approach being taken in other jurisdictions, including Austria, Germany, Greece, Italy, the USA, and South Africa.
Casebook on third party compensation contains relevant portions of important judgments in the area of third party claims, specifically selected by the author to give a comprehensive over view of this area of law and its application by the courts. It is a handy starting point to litigation, as it sets out the case information in a user-friendly format, and introduces each new section by discussing the relevant legislation and providing definitions of important terms.
With the worldwide upsurge of lawsuits against classification societies, their liability towards third parties has become one of the most contentious issues in contemporary maritime law. Against this background, the authors analyze potential third-party claims and examine to what extent classification societies may limit their liability. The study highlights the development in Australian, English, French, New Zealand, U.S. and German law.
"Maritime Law, 6th edition is an exhaustive introduction to this complex area of law. It systematically covers the principal topics and illustrates the operation of shipping law in practice. The sixth edition has been extensively revised and updated to incorporate significant statutory developments and cases. This book, with its readable style and practical approach, is ideal for newcomers to subject tool as a research tool. It will also benefit experienced professionals requiring an updated workbook on the general principles and case law."
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.
International Air Carrier Liability brings together essential treaties and airline-to-airline agreements on air carrier liability, safety and security, and supplements these with expert commentary and analysis. The examination considers the general regulatory framework of international civil aviation (including the Chicago Convention and related documents) and how the liability regime fits within that framework. The book is divided into three parts: dealing in turn with liability, safety and security, and civil aviation regulation. Part I, for example, provides comment and analysis of the international air-carrier liability regime, how the main liability conventions operate, and the application of these conventions to international carriage by air (passengers, baggage and cargo). Given its subject matter and the universal state party participation in these conventions, this book has truly global application. David Hodgkinson and Rebecca Johnston aim to provide a reference aid for legal practitioners (at law firms, airlines, manufacturers, aviation-related corporations and government departments and agencies), as well as academics, students (undergraduate and post graduate) and government officials regarding treaties, domestic laws and documents concerned with these vital legal issues.
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.
International Air Carrier Liability brings together essential treaties and airline-to-airline agreements on air carrier liability, safety and security, and supplements these with expert commentary and analysis. The examination considers the general regulatory framework of international civil aviation (including the Chicago Convention and related documents) and how the liability regime fits within that framework. The book is divided into three parts: dealing in turn with liability, safety and security, and civil aviation regulation. Part I, for example, provides comment and analysis of the international air-carrier liability regime, how the main liability conventions operate, and the application of these conventions to international carriage by air (passengers, baggage and cargo). Given its subject matter and the universal state party participation in these conventions, this book has truly global application. David Hodgkinson and Rebecca Johnston aim to provide a reference aid for legal practitioners (at law firms, airlines, manufacturers, aviation-related corporations and government departments and agencies), as well as academics, students (undergraduate and post graduate) and government officials regarding treaties, domestic laws and documents concerned with these vital legal issues.
Principles of the Carriage of Goods by Sea offers students studying this topic as part of their LLM or LLB course an accessible, comprehensive overview of the subject from a leading expert in the field. Written specifically with students in mind, concentrating on principles, and tailored to common law coverage, this title presents all the essential topics and is supported by the following useful pedagogy: Line Diagrams: illustrating the relationships between parties so that this may be understood at a glance; also where appropriate, time lines Case Studies: looking at topical matters such as piracy, and problematic areas of law such as reachable on arrival clauses and the carriage of bulk oil by sea Sample Problem Questions: problem questions and suggestions to help students to prepare for assessment Annotated appendices: concise appendix of the most important legislation and international conventions, with useful annotation from the author that explains these and puts them in context
This work discusses the rapidly developing European transport policy on sustainable freight and the connected efforts initiated by the European Commission (EC) on greening transport by the means of contract law. Greening transport has been a central goal for the EU for decades. The main problem has been, and still is, that far too much carriage of goods within the EU is performed unimodally: by road carriage alone. This has caused severe problems particularly in central Europe, where both trade and environment is suffering from an ineffective transport industry with growing problems of congestion and pollution. A modal shift in transport from mainly road based to a form of transport in which more environmental friendly modes such as rail, inland waterways and sea born transport are integrated into one transport chain, is hence an objective of the EU. If successful, this model could then be extended to the international transport community. The key question raised in this book is whether the traditional role of contract law is changing to such an extent that the parties involved must take external interests into account. In the case of the EU's efforts to enhance sustainable carriage of goods within its realm, the author explores whether governmental interference is necessary, or if we can trust that the parties will integrate environmental issues into their contracts because there is a demand for such clauses. The different proposals for an EU regime on multimodal contracts of carriage are discussed in this context. This book will be of great relevance to academics and practitioners with an interest in EU law, transport law, environmental law and maritime law in general.
The core structure of the regulatory regime for international civil aviation (the 'Chicago System') is inter-national. The features of the Chicago System were designed in an era when the world's airlines were State-owned, and the most pressing international concerns were for navigation and safety regulation. Economic liberalization and intense globalization since the Second World War have impacted on the industry; today, it is global. This book observes the developing governance of global aviation, taking into account the concepts of sovereignty, jurisdiction and territoriality, and the proliferation of actors and participants as partners in a global public policy network, to posit that an upgraded system of global governance for civil aviation helps to explain the emerging complex landscape for global governance of civil aviation. As evidence of the emerging, complex matrix of governance of global aviation, this book identifies and reviews a selection of contemporary, transnational economic and environmental challenges facing the globalized aviation sector, e.g. fair competition safeguards, consumer protection, noise pollution and greenhouse gas emissions, and the respective 'legal' and policy actions taken at national level (United Arab Emirates, Qatar and People's Republic of China), regional level (the European Union) and international level (UN Framework Convention on Climate Change and International Civil Aviation Organization). The book concludes that economic and environmental regulation of international aviation, designed for an inter-national world of yesterday, evolves into global governance of aviation, which is more suited for today's global world. This book will be of particular interest to scholars and practitioners of aviation law, competition law and environmental law, as well as in the areas of transnational law, global governance and international relations.
This book analyses the European legal framework on inland water transport in light of the most recent legislation adopted and how the main Member States of Central Western Europe have implemented it. Specifically, the book provides an innovative tool of analytical and systematic study of the various legislative EU measures that regulate the inland waterways transport sector, as well as for the comparative study and analysis of the relevant measures of implementation adopted by the afore-mentioned Member States. Each EU legislative measure is first explained in general terms and then commented on in detail with a specific analysis of the most significant articles, following a precise logical sequence of the topics; the corresponding national implementing measures are also examined in detail* describing any different ways of transposing the EU regulation, also with regard to any differences in approach by the Member States relative to the possibility of any derogations or exemptions from compliance with some measures, which is often provided for by the EU regulation. This approach is significantly useful for (i) a more systematic and user-friendly understanding of the EU regulatory framework, (ii) an equally better understanding of how EU measures have been transposed into national legislation and (iii) a revision of this European and domestic legislation, where appropriate. Furthermore, the book is very useful for policy-makers of countries that are not members of the European Union (i.e. policy-makers from countries worldwide that have inland waterways), as they will have a reference tool to evaluate the possibility of reviewing their own regulation with a view to making it more similar to the EU one should the latter be better. While preparing the book, analyses of the preparatory work of the legislation played a great role, as they are very useful for better understanding the legislative initiatives and the reasons for the choices made. Analysis of the doctrine and jurisprudence also played a great part. This allows the reader to have a thorough understanding of the subject from a scientific point of view and from the point of view of practical application.
This book concerns the subject of illegal charters. The risks associated with illegal charters are high, and the consequences are dire and different for all the parties involved. Pilots can lose their hard-earned licenses, aircraft owners might not get paid by the insurance companies, businesses might be prosecuted and fined, customers do not get what they paid for. The worst consequence of an illegal charter is that someone gets hurt or killed. The tragic part in reading about a flight accident is the understanding that an illegal charter could have been avoided. The present book aims to fulfil the industry's call for greater awareness, education, and transparency. It will systematically and thoroughly investigate the application of law in a practical context of illegal charters. It engages in a comprehensive comparative study across various jurisdictions, such as the USA, Europe, Russia, Asia and the Middle East. This text considers whether the elements evidencing state practice in regulation of illegal charters are peculiar to the region and legal system. It examines how illegal charters can be prevented and undertakes the analysis of risks and consequences of illegal charters. This is an important book that is likely to have a significant impact on existing scholarship regarding international and national aviation law and be of interest of all parties involved in aviation. This includes industry professionals, legal practitioners, academics, policy-makers, and government officials.
Don't drink and drive. It's a deceptively simple rule, but one that is all too often ignored. And while efforts to eliminate drunk driving have been around as long as automobiles, every movement to keep drunks from driving has hit some alarming bumps in the road. Barron H. Lerner narrates the two strong--and vocal--sides to this debate in the United States: those who argue vehemently against drunk driving, and those who believe the problem is exaggerated and overregulated. A public health professor and historian of medicine, Lerner asks why these opposing views exist, examining drunk driving in the context of American beliefs about alcoholism, driving, individualism, and civil liberties. Angry and bereaved activist leaders and advocacy groups like Mothers Against Drunk Driving campaign passionately for education and legislation, but even as people continue to be killed, many Americans remain unwilling to take stronger steps to address the problem. Lerner attributes this attitude to Americans' love of drinking and love of driving, an inadequate public transportation system, the strength of the alcohol lobby, and the enduring backlash against Prohibition. The stories of people killed and maimed by drunk drivers are heartrending, and the country's routine rejection of reasonable strategies for ending drunk driving is frustratingly inexplicable. This book is a fascinating study of the culture of drunk driving, grassroots and professional efforts to stop it, and a public that has consistently challenged and tested the limits of individual freedom. Why, despite decades and decades of warnings, do people still choose to drive while intoxicated? "One for the Road" provides crucial historical lessons for understanding the old epidemic of drunk driving and the new epidemic of distracted driving.
Most transport operators have little experience of the regulations surrounding the carriage of dangerous goods. The smaller operator in particular will have no point of reference to refer to in order to find out if they are legally allowed to carry dangerous goods without application of all the requirements, including the costly training of drivers. This book enables the operator to quickly and easily identify the regulatory exemptions that apply to the listed UN numbers which identify dangerous goods. The operator is able to obtain confirmation on their ability to legally carry dangerous goods within the limitations of a transport operation and does not need to seek specialist knowledge or training. It lists the UN numbers and the exemptions that apply in an easy reference format and also provides information on how to use the data within the regulatory framework.
- A unique guide, based on several decades' successful experience pursuing claims for fresh produce importers and exporters. - Provides lawyers with detailed insight into what they need from their clients in order to progress their claims. - Enables underwriters to better envisage their clients' risks when drafting policy cover and considering subsequent recoveries following claim settlements. - A detailed guide for shippers and Importers to enable them to both best protect their Interests when suffering losses and to best position themselves for successful claims.
What are the potentially negative consequences of an undeniably good public policy? Under the Influence examines how the Elks, one of the oldest lodge-based voluntary associations in America, may have been impacted by government policies such as DUI laws. To examine this empirically, author John C. Mero conducted interviews with fifty-five California and Florida Elk Exalted Rulers. What emerges from the interviews is a voluntary association in transition: having been affected by stricter DUI laws and other government policies over the past few decades, the Elks are reevaluating their approach to associational life. They have demonstrated a willingness to change with the times since their founding as the Jolly Corks in 1884, and-in response to the unintended consequences of more recent government policies-the Elks are seeking new opportunities to contribute to American civil society.
Focusing on the consequences of Brexit for aviation law, this book presents the key legal issues for aviation business and administration, as well as all major stakeholders that could potentially be affected by Brexit. This will include airlines, airports, aerospace manufacturers, regulatory and judicial institutions, passengers and employees. The book will indicate groups of legal acts disturbed by Brexit and those few that will remain untouched, and develop on this basis a digest of regulatory and institutional problems that will arise in various areas of the discussed sector. Finally, the short title will deliberate on the directions of possible actions which may be undertaken to avoid post-Brexit legal incoherence. This review should give essential guidance to the industry and the authorities on both sides of the English Channel as to what to expect and how to prepare for the forthcoming legal earthquake.
The Routledge Handbook of Public Aviation Law is the first book to incorporate a comprehensive analysis of Public Aviation Law - principally international, but also domestic law in a comparative context - in a single volume. International Law is pervasive in Aviation Law, and is incorporated into a number of major multilateral treaties (e.g., the Chicago Convention of 1944, for Public International Air Law). This is supplemented by various Annexes (promulgated by the International Civil Aviation Organization) and Conventions and Protocols (promulgated by States in diplomatic conferences). States then implement these international obligations in domestic laws that create aviation regulatory administrations that, in turn, promulgate regulations. Bringing together leading scholars in the field, this prestigious reference work provides a comprehensive and comparative overview of Public Aviation Law. It surveys the state of the discipline including contemporary and emerging areas of law, regulation, and public policy in air transportation. Each chapter begins with an overview of the international law applicable to the subject matter, followed, where appropriate, by a comparative examination of domestic statutes, regulations, and jurisprudence. The objective of the book is to identify and summarize existing areas within the context of international research, and to identify and highlight emerging areas. Both practical and theoretical in scope, the Routledge Handbook of Public Aviation Law will be of great relevance to scholars, researchers, lawyers, and policy makers with an interest in aviation law.
Covering all aspects of EC shipping law in detail, this fully updated third edition takes a commercial, as well as a legal, perspective throughout. The chapters include coverage of EC marine environmental law and marine insurance law freedom of establishment and freedom to provide shipping services in the EC. The book has been completely revised to include recent developments and it features extensive appendices on council decisions, resolutions, and recommendations. This is an essential reference work for professionals who are under pressure to provide advice to clients on how EC law affects their business and how to avoid the pitfalls and take advantage of the extended market in any European transaction.
In den letzten Jahren sind immer mehr Private an der Erbringung der oeffentlichen Dienstleistungen beteiligt. Allerdings ergibt sich in der Praxis daraus, dass die Daseinsvorsorge nicht blind auf einen reinen Wettbewerb vertrauen kann. Der oeffentliche Personennahverkehr kann als ein gutes Beispiel dienen. Es stellt sich die Frage, wie die Erbringung der oeffentlichen Dienstleistungen so organisiert werden kann, dass einerseits ein fairer Wettbewerb zwischen Unternehmen entstehen kann, andererseits die sozial- und arbeitsmarktpolitischen Belange berucksichtigt werden koennen. Um diese Frage zu beantworten, analysiert der Autor nicht nur staatsrechtliche und europarechtliche Entwicklung, sondern fuhrt die Regulierung als ein Handlungskonzept der Verwaltung im Recht des OEPNV ein. |
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