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Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea - Limitations on Party Autonomy... Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea - Limitations on Party Autonomy (Paperback)
Jonatan Echebarria Fernandez
R972 Discovery Miles 9 720 Ships in 9 - 15 working days

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance. The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of 'forum shopping' when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel. This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers

Fisheries and the Law in Europe - Regulation After Brexit (Hardcover): Jon A. Skinner, Jonatan Echebarria Fernandez, Tafsir... Fisheries and the Law in Europe - Regulation After Brexit (Hardcover)
Jon A. Skinner, Jonatan Echebarria Fernandez, Tafsir Matin Johansson, Mitchell Lennan
R4,051 Discovery Miles 40 510 Ships in 9 - 15 working days

Examining fisheries, Brexit, the Trade and Cooperation Agreement (TCA) and its consequences for the Fishing Industry in the UK and the EU, this book explores key issues within the complex topic of fisheries after Brexit. Assessing the new fishing relationship between the UK and the EU, which will continue to develop over the next decade, it provides an important study of the state of fisheries post-Brexit. Taking a cross-cutting economic, legal and policy approach, the book outlines the social and economic impacts of Brexit on the UK and EU fishing industries. It critically analyses the provisions relevant to fisheries in the TCA, reflects on the bilateral fishing negotiations between the EU, UK and Norway, providing inferences as to what the "new and special relationship" might be in fisheries. It then focuses on the 2020 Fisheries Act and explores internal divergences in the nations of the UK because of devolution. Taking an international approach, the work offers an exploration of cooperation in fisheries enforcement, international and regional obligations in marine conservation, and the new horizons for the UK in international fisheries organizations and arrangements now it is no longer a member of the EU. It offers an overview of expert opinion on fisheries post-Brexit, highlighting lessons learned and future developments for fisheries in a post-Brexit world. Having finally signed the Trade and Cooperation Agreement on 31 December 2020 after tense negotiations, the United Kingdom and European Union have found themselves in a new fisheries relationship. This book maps the complex social, economic, legal and policy issues of fisheries in a post-Brexit world and will be of interest to stakeholders and scholars.

Autonomous Vessels in Maritime Affairs - Law and Governance Implications (Hardcover, 1st ed. 2023): Tafsir Matin Johansson,... Autonomous Vessels in Maritime Affairs - Law and Governance Implications (Hardcover, 1st ed. 2023)
Tafsir Matin Johansson, Jonatan Echebarria Fernandez, Dimitrios Dalaklis, Aspasia Pastra, Jon A. Skinner
R3,257 R2,994 Discovery Miles 29 940 Save R263 (8%) Ships in 9 - 15 working days

This first-of-its-kind incisive and interdisciplinary volume spears through law and governance implications in relation to maritime autonomous surface ships (MASS). The book focuses on a wide array of timely, topical and thorny issues under four distinct parts: setting the scene; naval warfare and security; safety, seaworthiness and techno-regulatory assessments; global environmental change; autonomous passenger transportation; liability and insurance; selected national and regional developments; and tying the threads. Thus, the main themes will stress on topics including evolution, environment, safety and security, society, insurance, liability, human element, design solutions and procedures, and selected national case studies. At the outset, the book commences with an insight into the role of innovation-diplomacy as the driving force that could expedite the transition from autonomation to autonomy, and a commentary from the Chair of IMO's MASS. After navigating through the complex law and governance landscape, the book concludes with a chapter that captures the essence of the paradigm shift and ties all critical findings for further consideration.Chapter 11 and Chapter 18 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea - Limitations on Party Autonomy... Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea - Limitations on Party Autonomy (Hardcover)
Jonatan Echebarria Fernandez
R5,236 Discovery Miles 52 360 Ships in 9 - 15 working days

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance. The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of 'forum shopping' when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel. This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers

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