|
Showing 1 - 4 of
4 matches in All Departments
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
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.
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 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
|
|