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This book identifies and examines the legal challenges facing the
shipping industry and ship management today. It first addresses
flag state rules and private international law as organisational
tools of the shipowner for establishing the applicable legal
framework in an age of increasing regulatory activity and
extraterritorial effect of legislation. It then focuses on
sustainability requirements and the liability of shipping companies
managing supply chains and ships as waste. The third section
considers challenges stemming from times of financial crisis and
deals with the cross-border impact of shipping insolvencies, the
UNCITRAL Model Law, and the approaches of different jurisdictions.
Finally, the fourth section concerns digitalisation and automation,
including delivery on the basis of digital release codes, bills of
lading based on blockchain technology, the use of web portals and
data sharing, and particular aspects of the law relating to
autonomous ships, notably in marine insurance and carriage of
goods. The book will be a useful resource for academics and
practising lawyers working in shipping and maritime law.
This book identifies and examines the legal challenges facing the
shipping industry and ship management today. It first addresses
flag state rules and private international law as organisational
tools of the shipowner for establishing the applicable legal
framework in an age of increasing regulatory activity and
extraterritorial effect of legislation. It then focuses on
sustainability requirements and the liability of shipping companies
managing supply chains and ships as waste. The third section
considers challenges stemming from times of financial crisis and
deals with the cross-border impact of shipping insolvencies, the
UNCITRAL Model Law, and the approaches of different jurisdictions.
Finally, the fourth section concerns digitalisation and automation,
including delivery on the basis of digital release codes, bills of
lading based on blockchain technology, the use of web portals and
data sharing, and particular aspects of the law relating to
autonomous ships, notably in marine insurance and carriage of
goods. The book will be a useful resource for academics and
practising lawyers working in shipping and maritime law.
Carriage of Goods by Sea provides an extensive comparative analysis
of the carriage of goods by sea, examining the principles,
regulation, responsibilities, obligations, and immunities within
this area of English law, and other common law jurisdictions, in a
single volume. The book covers all necessary aspects for
understanding the law of carriage by sea. These include: an
essential overview of the business of shipping; a core group of
chapters on the various functions of bills of lading and other
documents of carriage; the international and domestic regulation of
carriage; analysis of the major conventions (the Hague, Hague-Visby
and Hamburg Rules, and the Rotterdam Rules); and explanation of the
shippers' responsibilities, both at common law and under the
international conventions. Later chapters are concerned with the
obligations of the carrier, and the rights and immunities of the
carrier, again at common law, and under the international
conventions. The book concludes by examining charterparties, as
well as including chapters on frustration and damages. The third
edition provides a thorough update from the publication of the
previous edition in 2011 including new bills of lading, major
Commonwealth developments impacting on the law in this field, and
UK Supreme Court decisions such as Volcafe Ltd v Compania Sud
Americana de Vapores SA (Trading as CSAV) [2018] UKSC 61, The Ocean
Victory [2017] UKSC 35, and The Kos [2012] UKSC 17. The new edition
also includes a new chapter relating to damages.
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