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Seaports in International Law (Paperback, 1st ed. 2017)
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Seaports in International Law (Paperback, 1st ed. 2017)
Series: SpringerBriefs in Law
Expected to ship within 10 - 15 working days
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This is the first book to offer a comprehensive overview of modern
seaports from a legal perspective. Further, it provides a basic
toolkit for establishing a legal doctrine of seaports, the
instruments of said toolkit being the very few legal norms
specifically targeting seaports, which are examined as such rather
than through the lens of other, more established disciplines, such
as the law of the sea or transportation law. It is a first,
necessary step toward giving seaports the status they rightfully
deserve in legal studies. Despite centuries of international law
studies and decades of EU law evolution, seaports have remained
stuck in limbo. From a law of the sea perspective, seaports belong
to the land, an approach that is often clearly reflected in
national maritime legislation. The other branches of international
law do not focus on seaports, since they are considered to belong
to the sea. The port communities, for their part, have availed
themselves of the "port specificity" concept. In recent decades,
containerization has transformed ports into key hubs of the
globalized economy, but also into vital checkpoints of the War on
Terror, due to the security risks posed by the millions of sealed
containers circulating worldwide. Moreover, tragic maritime
incidents have shown that seaports are the only reliable sentinels
of the seas, being the only places where the systematic inspection
of ships is feasible. This has led to the adoption of specific
international and EU rules. Those rules, however, remain
fragmented, highly specialized and technical; as such, they are
unsuitable for creating an organic legal seaport regime: this
objective can only be achieved with a significant contribution from
legal doctrine.
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