International law, transport and commerce: maritime law Books

Book SynopsisShipping has many hundreds of terms and phrases whose meaning is not always obvious, even for experienced practitioners. This comprehensive dictionary contains concise definitions of maritime terms and phrases, including those used in liner, tramp and bulk shipping.This sixth edition contains new terms and phrases which cover: The latest technological and other improvements in cargo handling Improvements in port equipment Developments in the way freight charges and surcharges are levied New documentation on bills of lading and charter-party clauses. This book will be an immensely useful reference tool for all professionals involved in maritime transport, including ship-owners, shipbrokers, freight forwarders, port authorities, average adjusters, and ship operators. Practitioners, students and academics of maritime law will also find the book of great value, as will those in related industries such as banking, commercial and insurance law. Table of Contents1. List of Abbreviations 2. Definitions A-Z

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Book SynopsisNaval Law is a comprehensive work focusing on military justice, military criminal and administrative law, international law, and the law of armed conflict in the naval service. Although attorneys and law students may find the text a helpful primer on these topics, the book is primarily intended for use by midshipmen, undergraduates and others interested in military law and the law of war. Actual courts-martial and other legal cases, treaties, statutes, instructions, regulations, and historical events are presented and discussed throughout the book. Throughout the text, issues designed to promote both understanding and critical analysis of the material presented are posed to the reader. The study questions at the end of each chapter are intended to focus attention on fundamental aspects of naval law and to challenge the reader’s understanding of these concepts.

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Book SynopsisChalmers' Marine Insurance Act 1906 is far more than a piece of annotated legislation; it includes case law with analysis and puts the decisions made in the individual cases into the context of Act. There is no other book or electronic service that does this. As marine insurance is encompassed by the Marine Insurance Act 1906 this book provides the user with an unrivalled guide to, and understanding of how the Act has evolved and how it is implemented in practice. It is a desk top, every day reference tool for anyone involved in any of the aspects of marine insurance. The new edition provides a new commentary reflecting the amendments to the Marine Insurance Act 1906 brought about the Insurance Act 2015. Important cases that are analysed include: · The DC Merwestone · The B Atlantic · Axa v Arig · The Cendor MOPU · The Bunga Melati Dua Previous ISBN: 9781845925949 This title is included in Bloomsbury Professional's Maritime and Shipping Law online service.Trade Review[a] welcome revival of this standard text * Lloyd's Maritime and Commercial Law Quarterly *Table of ContentsTHE MARINE INSURANCE ACT 1906 Marine Insurance 1. Marine insurance defined 2. Mixed sea and land risks 3. Marine adventure and maritime perils defined Insurable Interest 4. Avoidance of wagering or gaming contracts 5. Insurable interest defined 6. When interest must attach 7. Defeasible or contingent interest 8. Partial interest 9. Reinsurance 10. Bottomry 11. Master’s and seamen’s wages 12. Advance freight 13. Charges of insurance 14. Quantum of interest 15. Assignment of interest Insurable Value 16. Measure of insurable value Disclosure and Representations 17. Insurance is uberrimæ fi dei 18. Disclosure by assured 19. Disclosure by agent effecting insurance 20. Representations pending negotiation of contract 21. When contract is deemed to be concluded The Policy 22. Contract must be embodied in policy 23. What policy must specify 24. Signature of insurer 25. Voyage and time policies 26. Designation of subject-matter 27. Valued policy 28. Unvalued policy 29. Floating policy by ship or ships 30. Construction of terms in policy 31. Premium to be arranged Double Insurance 32. Double insurance Warranties etc 33. Nature of warranty 34. When breach of warranty excused 35. Express warranties 36. Warranty of neutrality 37. No implied warranty of nationality 38. Warranty of good safety 39. Warranty of seaworthiness of ship 40. No implied warranty that goods are seaworthy 41. Warranty of legality The Voyage 42. Implied condition as to commencement of risk 43. Alteration of port of departure 44. Sailing for different destination 45. Change of voyage 46. Deviation 47. Several ports of discharge 48. Delay in voyage 49. Excuses for deviation or delay Assignment of Policy 50. When and how policy is assignable 51. Assured who has no interest cannot assign The Premium 52. When premium payable 53. Policy effected through broker 54. Effect of receipt on policy Loss and Abandonment 55. Included and excluded losses 56. Partial and total loss 57. Actual total loss 58. Missing ship 59. Effect of transhipment etc 60. Constructive total loss defined 61. Effect of constructive total loss 62. Notice of abandonment 63. Effect of abandonment Partial Losses (including Salvage and General Average and Particular Charges) 64. Particular average loss 65. Salvage charges 66. General average loss Measure of Indemnity 67. Extent of liability of insurer for loss 68. Total loss 69. Partial loss of ship 70. Partial loss of freight 71. Partial loss of goods, merchandise etc 72. Apportionment of valuation 73. General average contributions and salvage charges 74. Liabilities to third parties 75. General provisions as to measure of indemnity 76. Particular average warranties 77. Successive losses 78. Suing and labouring clause Rights of Insurer on Payment 79. Right of subrogation 80. Right of contribution 81. Effect of under-insurance Return of Premium 82. Enforcement of return 83. Return by agreement 84. Return for failure of consideration Mutual Insurance 85. Modification of Act in case of mutual insurance Supplemental 86. Ratification by assured 87. Implied obligations varied by agreement or usage 88. Reasonable time etc, a question of fact 89. Slip as evidence 90. Interpretation of terms 91. Savings 94. Short title First Schedule Form of policy Rules for construction of policy APPENDIX I – INSURANCE ACT 2015 APPENDIX II – THE INSTITUTE CLAUSES (1) Hull Clauses Time Voyage War and Strikes (Time) War and Strikes (Voyage) (2) Freight Clauses Time Voyage War and Strikes (Time) (3) Cargo Clauses (A) (B) (C) War Strikes APPENDIX III — YORK-ANTWERP RULES 2016 APPENDIX IV — RULES OF PRACTICE APPENDIX V — No. 94 – ORDER FOR PRODUCTION OF DOCUMENTS IN MARINE INSURANCE CLAIM APPENDIX VI — THE MARINE INSURANCE ACT 1906 (1st EDITION) BY SIR MD CHALMERS AND DOUGLAS OWEN, PUBLISHED 1907

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Book SynopsisSoutheast Asian waters are critical for international trade and the global economy. Combating maritime crimes has always been a priority as well as a challenge for ASEAN member states. While much emphasis has been placed on enhancing operational cooperation against maritime crimes, the need for an effective legal framework to combat such maritime crimes has not been sufficiently examined. This book demonstrates that ASEAN member states can establish a legal framework to combat maritime crimes by ratifying and effectively implementing relevant global and regional conventions. It also explores the issues that ASEAN member states, and ASEAN as an organization, face in establishing such a framework and suggests suitable steps that can be taken to address such issues. This informative and detailed study will inform research and policy, and will appeal to government, treaty and policy officials, academics, researchers and students, as well as international and regional organizations concerned with piracy and other related maritime crimes, ocean affairs and the law of the sea. Contributors: R.C. Beckman, W.L. Cheah, M.F.A. Ibanez, M. Jacobsson, N. Passas, J.A. Roach, C. Termsak, A. Twyman-Ghoshal, K. von HoesslinTrade ReviewThis book makes an important contribution to the legal literature not only for the ASEAN region but also for the world at large. Both editors, Robert Beckman and J. Ashley Roach, are highly knowledgeable and experienced in the international law pertaining to piracy and international crimes. The chapters they write combined with perspectives by authors from Greece, Sweden, Singapore, Philippines and elsewhere provide a broad but detailed review of the current law and policy as well as remaining challenges.- Myron H. Nordquist, University of Virginia School of Law, US This book is an outstanding analysis of piracy and maritime crimes in the ASEAN region edited by two world-class law of the sea experts. It is must reading for anyone seriously interested in ending the scourge of piracy. - John Norton Moore, University of Virginia and former United States Law of the Sea Ambassador I can confidently say that this is the best book on the legal dimension of the problem of piracy in general, and of piracy in Southeast Asia and off the coast of Somalia in particular, and what we can do about it. Robert Beckman and Ashley Roach are two of the finest minds working in international law today. They have brought their knowledge and sharp analytical skills to edit a book of great relevance to the world's shipping industry, IMO, ASEAN and international lawyers and law enforcement agencies. --- Tommy Koh, UNCLOSTable of ContentsContents: Preface Robert C. Beckman and J. Ashley Roach Introduction Robert C. Beckman and J. Ashley Roach PART I: GLOBAL PERSPECTIVES ON INTERNATIONAL MARITIME CRIMES 1. The Piracy Regime under UNCLOS: Problems and Prospects for Cooperation Robert C. Beckman 2. Global Conventions on Piracy, Ship Hijacking, Hostage Taking and Maritime Terrorism J. Ashley Roach 3. Controlling Piracy in Southeast Asia – Thinking Outside the Box Nikos Passas and Anamika Twyman-Ghoshal 4. International Legal Cooperation to Combat Piracy in the Horn of Africa Marie Jacobsson PART II: REGIONAL AND NATIONAL PERSPECTIVES ON INTERNATIONAL MARITIME CRIMES 5. Piracy and Armed Robbery Against Ships in the ASEAN Region: Incidents and Trends Karsten von Hoesslin 6. ASEAN Measures in Combating Piracy and Other Maritime Crimes Termsak Chalermpalanupap and Mayla Ibañez 7. Ratification and Implementation of Global Conventions on Piracy and Maritime Crimes Robert C. Beckman and J. Ashley Roach 8. Maritime Crimes and the Problem of Cross-border Enforcement: Making the Most of Existing Multilateral Instruments Cheah Wui Ling 9. The Way Forward: Enhancing Legal Cooperation between ASEAN Member States Robert C. Beckman and J. Ashley Roach Appendix: Status of Conventions in ASEAN + 6 Countries Index

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Book SynopsisThis highly informative and up-to-date book brings together expert scholars in law of the sea to explore the legal and geopolitical aspects of the South China Sea disputes and provide an in-depth examination on the prospects of joint development in the South China Sea.The South China Sea has long been regarded as a source of conflict and tension in Asia. Underlying this conflict is the dispute between China, Vietnam, the Philippines, Malaysia and Brunei over the features in the South China Sea, as well as the resources in the surrounding waters. One viable solution is for the claimants to set aside their claims and jointly develop the hydrocarbon resources in the South China Sea. Unlike previous works, this book takes a unique approach by examining existing joint development arrangements in Asia to see if there are any 'lessons learnt' that may be applicable to the South China Sea. This approach has enabled the editors to move beyond a mere theoretical discussion on joint development and focus on the law, policy and practical issues related to joint development.Beyond Territorial Disputes in the South China Sea will strongly appeal to Government officials, policy-makers from ASEAN Countries, China and the United States, as well as academics, particularly those who are involved in legal scholarship on the South China Sea disputes. Practitioners of oil and gas law will also find much to benefit them in this book.Contributors: V. Becker-Weinberg, R. Beckman, L. Bernard, P. Cameron, T. Davenport, R. James, S. Jayakumar, S. Kaye, G. MacLaren, B. Milligan, R. Nowinski, D.M. Ong, C. Schofield, I. Townsend-GaultTrade ReviewThe book has been written by many highly qualified observers and academicians that have spent a lot of time observing and analyzing the recent developments in the South China Sea, particularly those relating to the dispute and way of overcoming them. I do hope that this publication will throw some light on such important matters and indicate possible roads to follow in solving the territorial disputes through joint development concept. --Djalal Hasjim, Director of Southeast Asian Studies, Jakarta, Indonesia'Beyond Territorial Disputes in the South China Sea: Legal Frameworks for the Joint Development of Hydrocarbon Resources is an excellent work of collective wisdom on solving the disputes in the South China Sea region. This book is informative and pragmatic in its academic nature. In addition, it is also important for providing a great amount of legal discussion on solving the South China Sea disputes through the construction of joint development mechanisms.' --Kuan-Hsiung Wang, Pacific Affairs'The book has been written by many highly qualified observers and academicians that have spent a lot of time observing and analyzing the recent developments in the South China Sea, particularly those relating to the dispute and way of overcoming them. I do hope that this publication will throw some light on such important matters and indicate possible roads to follow in solving the territorial disputes through joint development concept.' --Hasjim Djalal, Director of Southeast Asian Studies, Jakarta, IndonesiaTable of ContentsContents: Preface S. Jayakumar Introduction: Why Joint Development in the South China Sea? Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport and Leonardo Bernard PART I: UNDERSTANDING THE SOUTH CHINA SEA DISPUTES 1. What’s at Stake in the South China Sea? Geographical and Geopolitical Considerations Clive Schofield 2. International Law, UNCLOS and the South China Sea Robert Beckman PART II: JOINT DEVELOPMENT: PRINCIPLES, PRE-REQUISITES AND PROVISIONS 3. The Exploration and Exploitation of Hydrocarbon Resources in Areas of Overlapping Claims Tara Davenport 4. Rationale for Zones of Co-operation Ian Townsend-Gault 5. Negotiating Joint Development Agreements Gavin MacLaren and Rebecca James 6. Joint Development Arrangements: Legal Structure and Key Issues Peter Cameron and Richard Nowinski PART III: JOINT DEVELOPMENTS AND OTHER PROVISIONAL ARRANGEMENTS IN ASIA 7. Implications of Recent Southeast Asian State Practice for the International Law on Offshore Joint Development David M. Ong 8. Joint Development Arrangements in Northeast Asia and the Gulf of Tonkin Vasco Becker-Weinberg 9. Joint Development in the Timor Sea Stuart Kaye 10. The Australian–Papua New Guinea Torres Strait Treaty: A Model for Co-operative Management of the South China Sea? Ben Milligan PART IV: CONCLUSIONS: JOINT DEVELOPMENT IN THE SOUTH CHINA SEA 11. Factors Conducive to Joint Development in Asia – Lessons Learned for the South China Sea Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport and Leonardo Bernard 12. Moving Forward on Joint Development in the South China Sea Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport and Leonardo Bernard Index

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Book SynopsisSouth China Sea Disputes and Law of the Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea. Offering a comprehensive analysis of the individual topics and their application to the South China Sea region, each chapter of the book provides a substantive and rigorous investigation into the history, development and application of the relevant legal principles. It is written within the global context so that lessons learned from this exercise will have global implications. Contributors include former judges from ITLOS, legal advisors to States who participated in the negotiation and drafting of UNCLOS, as well as outstanding scholars of both law and geography, many of whom have acted as counsel or experts in cases before international court and tribunals.This important book provides neutral and objective analysis of law of the sea issues of relevance to the South China Sea and will therefore prove a valuable resource to Government officials and policy-makers from the ASEAN countries, Australia, China, Japan, Korea and the United States. It will also be of special interest to political analysts with an ongoing interest in the legal issues pertaining to the South China Sea region in light of concerns regarding conflict, challenges to freedom of navigation and access to resources.Contributors: D. Anderson, Y. van Logchem, T.L. McDorman, A.O. Elferink, B. Oxman, C. Schofield, C.R. Symmons, T. TrevesTrade Review'Scholarly and thorough, yet eminently readable, this book offers up important lessons and possibly paradigms for the management of cross-border, or international disputes on territory, access to resources and other challenges to long-established maritime legal principles, notably freedom of navigation. . . Policy makers and government officials, as well as practitioners and academics with concerns about this potentially volatile region should definitely read the insightful and up-to-date material presented conveniently in this book.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Acknowledgements Introduction 1. Offshore Features Subject to Claims of Sovereignty Bernard H Oxman 2. Defining the ‘Boundary’ between Land and Sea: Territorial Sea Baselines in the South China Sea Clive Schofield 3. Maritime Zones from Islands and Rocks Clive R Symmons 4. Maritime Delimitation and Offshore Features Tullio Treves 5. Rights and Jurisdiction over Resources in the South China Sea: UNCLOS and the ‘Nine-Dash Line’ Ted L McDorman 6. Do the Coastal States in the South China Sea Have a Continental Shelf Beyond 200 Nautical Miles? Alex Oude Elferink 7. Rights and Obligations in Areas of Overlapping Maritime Claims David Anderson and Youri van Logchem 8. UNCLOS Part XV and the South China Sea Robert Beckman Index

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Book SynopsisThe shipwrecks of WWI constitute a vast, dispersed and distinctive underwater legacy. This insightful book addresses the need to rethink how they can be protected, through an examination of both private and public international law and the conventions governing them. The recent centenary of WWI has prompted a shift in the way attention is focused on legacy wrecks. In this timely book, Craig Forrest considers both the development and current state of the laws that apply to these wrecks, as well as the issues that surround them, such as regulated and unregulated salvage and the potentially hazardous nature of wrecks left in situ. The author then deftly analyses the adequacy of the existing legal framework, in particular the Convention on the Protection of Underwater Cultural Heritage, to fulfill its promise of protecting legacy wrecks for future generations as historical and archaeological resources, memorials and, more importantly, as maritime war graves. This incisive book will prove necessary reading for all with an interest in underwater cultural heritage and its protection, including academics, practitioners and managers, government officials and policymakers. Underwater archaeologists and others interested in maritime law and naval history more broadly will also find its unique analysis useful.Trade Review‘In this book Professor Craig Forrest offers a thoroughly researched, lucid, and comprehensive examination of the law and current affairs surrounding “legacy ships” sunk during World War I. The book will be a helpful tool for any organization, lawyer or government considering issues surrounding “legacy wrecks” whether sunk before or after WWI. The book is a meticulously researched and carefully structured contribution to wreck and heritage law, and to the discussion on the governance of such resources more generally.’ -- Eric Mahcum and Luke Hunter, Ocean Yearbook‘The author’s skill in exploring the complexity of the law and international conventions on the law of the sea is precise. The book’s standard of presentation, editing and binding is a credit to the author and publisher. The contents of chapters, tables, legislation, citation of cases and index is professional and easy to follow when referring to matters discussed in the various chapters. The citing of footnotes is accurate and detailed. I commend the book to those with an interest in naval history.’ -- James Unkles, Law Institute Journal'A timely piece of legal writing on maritime war graves, a topic generally neglected in the literature, offered by the specialist on this question from a law of the sea and maritime law perspective. Answering the main challenges posed by the subject through a masterful use of practice, jurisprudence and normative developments, Craig Forrest offers a complete analysis of, as well as solutions to, the problem of protecting these legacies beneath the waters that are simultaneously venerated places, archaeological sites and public properties of the flag States.' --Mariano Aznar, Universitat Jaume I, Spain'An excellent and much-needed overview of the cultural heritage of the Great War at sea and its relationship to the law. Craig Forrest has produced a readable narrative which goes beyond dry legal argument to contextualise the archaeological and regulatory landscape as it affects nations and sea users today. An impressive, comprehensive and important contribution.' --Innes McCartney, Bournemouth University, UKTable of ContentsContents: 1. The War at Sea 2. The Legacy 3. The Legal Framework 4. Legacy Wrecks as Objects of Salvage 5. Legacy Wrecks as Threats 6. Legacy Wrecks as Historical and Archaeological Sites 7. Legacy Wrecks as Memorials and Maritime War Graves 8. The UK and the UCH Convention 9. The Future Index

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Book SynopsisWith a key geostrategic location and valuable maritime resources, the South China Sea has become the epicentre of several ongoing territorial and maritime disputes. This book assesses what can be done to avert the possibility of outright conflict, and to fully harness the Sea's potential for the security of the region and the world at large. An original collection of insightful contributions by leading international authorities and the next influential generation of scholars, these chapters explore the latest diplomatic developments through in-depth analyses on issues affecting East Asian security. The book includes a wide range of views on the topic, covering security, legal and environmental problems, while crucially highlighting the complexity of current tensions. It offers a timely and thorough look into the region, offering potential pathways to improve the security in and around this troubled sea. Academics, students and policymakers engaged in issues related to the law and politics of the sea, as well as specialists in Asian studies and international relations more generally, will benefit from the insight into the intricate diplomatic and security environment of the South China Sea.Contributors include: J. Batongbacal, R. Beckman, L. Buszynski, R. Calvert, J. Kraska, T.T. Le, R.P.M. Lotilla, D. Mair, T.L.A. Nguyen, J.G. Odom, D.H.Phan, A. Scobell, T.T.Thuy, H.D. Vu, T.C. Vu, J.B. Welfield, X. Wu, M. Yahuda, J. YouTrade Review'An excellent collection of work by an A-list of South China Sea experts. It cuts through myth and misunderstanding about the disputes over territory and resources with rigour. Well-written contributions from a wide range of viewpoints lay out the problems and routes towards their possible solutions with great clarity.' --Bill Hayton, Chatham House, Royal Institute of International Affairs, UK'This book contains a comprehensive analysis of the Law of the Sea for building a maritime order in the South China Sea, written by international experts on maritime affairs. I recommend this book to those who are interested in the matter.' --Hasjim Djalal, National University of SingaporeTable of ContentsContents: Introduction PART I. THE SOUTH CHINA SEA: GEOECONOMIC AND GEOPOLITICAL DRIVERS OF A CHANGING SEASCAPE 1. Getting beyond slow boil in the South China Sea Andrew Scobell 2. Economic (asymmetrical) interdependence and territorial disputes Michael Yahuda 3. China’s South China Sea strategy and Sino-US discord Wu Xiangning and You Ji 4. The South China Sea: An arena for great power strategic rivalry Leszek Buszynski PART II. INTERNATIONAL LAW: LAND, SEA, AIR AND CLAIMS 5. Entitlements of maritime features and the Paracels dispute revisited Vu Hai Dang 6. The exclusive economic zone and foot security for developing coastal states in the South China Sea James Kraska 7. Constructions at sea: Impacts and legal regime Nguyen Thi Lan Anh 8. Air defense identification zones: Implications for freedom of overflight and maritime disputes Robert Beckman and Phan Duy Hao 9. Maritime claims in the South China Sea and freedom of navigation operations Jonathan G. Odom PART III. TOWARD A COOPERATIVE MANAGEMENT FRAMEWORK IN THE SOUTH CHINA SEA 10. A regional ocean governance framework for the integrated management of the environment and biological resources in the South China Sea Vu Thanh Ca 11. Post-South China Sea arbitration challenge: Toward regional cooperation for the environmental sustainability of the East Asian seas Raphael P. M. Lotilla 12. Energy drivers for offshore cooperation Dylan Mair and Rachel Calvert 13. Different strokes for different folks: A second look at UNCLOS Part XV dispute settlement mechanisms and the South China Sea disputes Jay Batongbacal Conclusion Index

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Book SynopsisThe organisation and design of maritime regulation is a critical question for the many trade oriented economies. The Research Handbook on Maritime Law and Regulation addresses the key concepts and issues facing the regulation of maritime affairs, questioning the legal structures through an analysis of current legal and regulatory frameworks. These unique contributions interrogate the current system of maritime law and regulation, challenging its traditional perceptions as being either convention law based or national law oriented. The contributors cover a range of crucial demands for maritime law and regulation, from shipping contracts to maritime conventions and linkages, embracing an integrated approach to maritime law. Emphasising the link between theory, practice and policy, this Research Handbook focuses on real world developments and their impact on law and regulation. Comprehensive and enlightening, this Research Handbook is vital reading for researchers and students of maritime law and regulation, providing fascinating insight into the minutiae of its structure and design. Policy makers working in the maritime industry will benefit from the broad and integrated approach to legal frameworks. Legal practitioners, scholars and judicial figures will also enjoy this Research Handbook's comprehensive engagement with contemporary legal developments in maritime law.Table of ContentsContents: Preface Introduction Part I 1. Improving International Uniform Transport Law by Creating Interpretative Committees Cécile Legros 2. What is a unimodal carriage contract? The mode of transport as legal concept Wouter Verheyen 3. The Carriage of Goods Convention Michiel Spanjaart 4. Towards Transparency and Predictability in Freight Forwarding – the Case for a Model Law Simone Lamont-Black Part II 5. The Quest for Universality and Uniformity: Theory and Practice of International Maritime Regulation Aldo Chircop 6. Sailing round the CLC. Environmental damage in EU maritime waters. Simon Baughen 7. Nudging a Behavioural Change in Maritime Carriage of Goods – The Role of Information Ellen Eftestøl-Wilhelmsson and Suvi Sankari Part III 8. Classification of contractual terms and termination clauses in English law Liang Zhao 9. Contracts: time and voyage charterparties and their hybrid forms Johanna Hjalmarsson 10. The impact of new commercial practices on liner contracts of carriage: new wine in old skins? Miriam Goldby 11. Knocking on heavens doors: in search for a legal definition of the Bill of Lading as Document of Title Andrea Lista 12. Renegotiating Shipping Contracts in Turbulent Economic Times Jason Chuah Part IV 13. Maritime Conflict of Laws: Zonal and Jurisdictional Issues in Perspective Proshanto K. Mukherjee 14. Choice of Jurisdiction in Bills of Lading and Cargo Insurance Yvonne Baatz 15. Arbitration, privity of contract and carriage of goods by sea Paul Todd Index

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Book SynopsisThis authoritative Handbook examines the current state of and the future challenges for international law in addressing the key activities that pose threats to the marine environment. It provides a critical analysis of, and constructive solutions for, the international legal regime for the protection of the marine environment and identifies areas of vital research need for the future.The in-depth chapters, written by emerging and established experts in their fields, explore the legal framework for protection of the marine environment and look at issues such as pollution, seabed activities, and climate change as well as discussing the protection of marine biodiversity and considering regional approaches to the protection of the marine environment. Each chapter goes beyond a survey of existing law to identify the shortcomings in the legal regime and areas of critical research needed to address these shortcomings. This timely book provides significant insights into contemporary issues surrounding the efficacy of the regime created by the 1982 Law of the Sea Convention and details the further work needed to ensure the design and implementation of effective regulation and management of human activities that affect the marine environment.Students and academics researching in the law of the sea and environmental law will find the Handbook central to their subject areas. The analyses and reform proposals are an invaluable resource for government and policy practitioners, as well as IGOs and NGOs involved in marine environmental issues.Contributors: M. Bourrel, R. Churchill, E. Druel, J. Harrison, T. Henriksen, K. Houghton, A.M. Hubert, N. Liu, M. Lodge, J. Mossop, N. Oral, D. Osborn, A. Proelss, H. Ringbom, J. Rochette, K.N. Scott, T. Stephens, Y. Tanaka, D. Tladi, D.L. VanderZwaag, D. Vousden, H.D. Vu, R. Warner, G. WrightTrade Review'For diplomats, practitioners, and scholars concerned with the myriad threats facing our oceans, the Elgar Research Handbook on International Marine Environmental Law is a must. It contains enlightening analysis of the complex ocean governance problems that imperil the marine environment and continue to evade solution. More importantly, it advances realistic ideas to move the environmental protection of our oceans forward. All of this from some of the sharpest thinkers on these issues today.' --Donald K. Anton, Griffith University, Australia'Written by eminent scholars and practitioners, this Handbook is an accessible treasure trove for diplomats as well as advocates, advanced scholars and law students, indeed anyone interested in the future of our oceans. I predict it will become an essential guidebook for all those involved in international ocean negotiations.' --Kristina Gjerde, High Seas Policy Advisor, IUCNTable of ContentsContents: Foreword PART I THE LEGAL FRAMEWORK FOR THE PROTECTION OF THE MARINE ENVIRONMENT 1. The LOSC Regime for Protection of the Marine Environment – Fit for the Twenty-first Century? Robin Churchill 2. Principles of International Marine Environmental Law Yoshifumi Tanaka 3. Actors and Institutions for the Protection of the Marine Environment James Harrison Part II POLLUTION AND THE MARINE ENVIRONMENT 4. Land Based Pollution and the Marine Environment David Osborn 5. Vessel-source Pollution Henrik Ringbom 6. The International Control of Ocean Dumping: Navigating from Permissive to Precautionary Shores David L. VanderZwaag PART III SEABED ACTIVITIES AND THE MARINE ENVIRONMENT 7. Protecting the Marine Environment of the Deep Seabed Michael Lodge 8. Reconciling Activities on the Extended Continental Shelf with Protection of the Marine Environment Joanna Mossop 9. Protection of the Marine Environment from Offshore Oil and Gas Activities Nengye Liu 10. Protection and Preservation of the Marine Environment from Seabed Mining Activities on the Continental Shelf: Perspectives from the Pacific Islands Region Marie Bourrel PART IV PROTECTION OF MARINE BIODIVERSITY 11. Protecting Marine Species Alexander Proelss and Katherine Houghton 12. Conservation and Sustainable use of Marine Biodiversity in Areas beyond National Jurisdiction: Towards an Implementing Agreement Dire Tladi 13. Marine Protected Areas in Areas beyond National Jurisdiction Glenn Wright, Julien Rochette and Elizabeth Druel 14. Environmental Assessment in Marine Areas beyond National Jurisdiction Robin Warner 15. Marine Scientific Research and the Protection of the Seas and Oceans Anna Maria Hubert PART V REGIONAL APPROACHES TO THE PROTECTION OF THE MARINE ENVIRONMENT 16. Forty Years of the UNEP Regional Seas Programme: From Past to Future Nilufer Oral 17. Protecting Polar Environments: Coherency in Regulating Arctic Shipping Tore Henriksen 18. Large Marine Ecosystems and Associated New Approaches to Regional, Transboundary and ‘High Seas’ Management David Vousden 19. Towards a Regional Regime for the Establishment of a Network of Marine Protected Areas in the South China Sea Hai Dang Vu PART VI CLIMATE CHANGE AND THE MARINE ENVIRONMENT 20. Ocean Acidification Tim Stephens 21. Geoengineering and the Marine Environment Karen N. Scott Index

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Book SynopsisThis authoritative work forms a comprehensive examination of the legal and historical context of marine insurance, providing a detailed overview of the events and factors leading to its codification in the Marine Insurance Act 1906. It investigates the development of the legal principles and case law that underpin the Act to reveal how successful this codification truly was, and to demonstrate how these historical precedents remain relevant to marine insurance law to this day.Beginning with the pivotal year of 1756, Rob Merkin QC organises his analysis era by era, situating the leading cases and emerging fundamentals of the marine insurance industry in the context of external events such as war, the growth of free international trade, and the expansion of empire. Offering insight into the origins of familiar legal principles in the field, the book provides a deeper understanding of the legal framework within which historical events took place and how this shaped both the development of marine insurance law and the political and economic circumstances surrounding it.Key features include: In-depth research by one of the leading experts in marine insurance law Context for and therefore deeper understanding of legal principles in the field An authoritative account of the development of modern law of marine insurance through its historical roots. Legal historians interested in marine insurance and international maritime law more broadly as well as other historians of the period will find the depth of research and breadth of coverage in this book invaluable. Its grounding of important principles in their historical context will also be useful to practising lawyers in the field grappling with current marine insurance issues.Trade Review‘This is a monumental work which deserves a readership amongst insurance lawyers and professional insurers, and a wider readership amongst those who are interested in commercial and social history.’ -- Peter MacDonald Eggers, The Journal of International Maritime Law‘The long stability of the Marine Insurance Act 1906 gives the impression that it is the culmination of everything that needed to be said about marine insurance. Anyone who wants to look behind the serene, unruffled exterior of the Act will discover that it masks a long and unsettled history from a time when maritime trade was hotly contested. There could be no better companion in exploring that history than Professor Merkin’s endlessly fascinating new book.’ -- Martin Davies, Lloyd’s Maritime and Commercial Law Quarterly‘The book provides a history of marine insurance law from 1756-1906 and, in particular, highlights the fascinating influence of war and conflict on the development of insurance law and practice. This is a history of trade and conflict through the prism of law and will be of interest not merely to historians, but also to practitioners who need to understand how and why particular clauses were developed and the contemporary understandings which underpinned the drafting of the Marine Insurance Act 1906.’ -- Professor Nick Gaskell, University of Queensland, Australia‘This monumental and meticulous work by one of the leading authorities in insurance law is the first to address comprehensively the history of the legal provisions and jurisprudence relating to marine insurance. Focussing mainly on British, American and European history, it will prove an invaluable and fascinating resource for all students and scholars across a range of disciplines who require a definitive exposition of the evolution of this body of law.’ -- Chantal Stebbings, University of Exeter, UK'Rob Merkin's remarkable book delivers much more than its rather modest title promises. It includes a broad-ranging history, both political and nautical, of three centuries of wars and alliances affecting English and American trade. It shows how war, prize, capture by pirates and privateers, blockades, slavery, and the depredations of Confederate cruisers affected the development of the principles of English marine insurance law and practice. Dense and detailed but easy to follow, the connections that it explains are invaluable.' -- Martin Davies, Tulane University Law School, USTable of ContentsContents: Foreword by Dame Sara Cockerill Preface 1. The framework of the Law of the Sea 2. Marine insurance in 1756 3. War, diplomacy and the Americas: 1756 to 1783 4. Perils on the seas: 1783 to 1815 5. Anglo-American trade and relations: 1783 to 1815 6. Marine insurance in an era of war: 1756 to 1815 7. Marine insurance in an era of war: 1756 to 1815 II Volume II 8. Trade and diplomacy after 1815 9. Marine insurance in an era of peace: 1815 to 1861 10. Slavery and the slave trade 11. The American civil war and British neutrality 12. The Confederate cruisers 13. The Alabama arbitration 14. Marine insurance in an era of neutrality: 1861 to 1875 15. Consolidating the Empire 16. Marine insurance in an era of Empire: 1875 to 1906 17. The Marine Insurance Act 1906 Index

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Book SynopsisThis ground-breaking book challenges legal orthodoxy, presenting an original approach to the treatment of islands in international law. It offers a new perspective on how to define islands in international law, questioning how they differ from other maritime features. It focuses on the contextual factors that bear upon the legal treatment of islands, recognising that, in practice, islands have varied and unequal impacts and arguing that greater focus on context is needed to understand legal outcomes, particularly those concerning maritime boundary delimitation. Addressing the impact of rising sea levels on the interests and rights of islands and the increasing construction of artificial islands, the authors make the case for a major change in approach to the topic.This book offers international lawyers a thought-provoking reappraisal of a vital issue. It will be a useful resource for human geography and international relations scholars wishing to deepen their understanding of a key politically-contested and increasingly pressing debate in international law.Trade Review‘An erudite exploration of the island and international law, which draws on and moves beyond existing scholarship and judicial decisions to provide a modern, contextual and highly original account of islands and a sophisticated, authoritative and compelling assessment of their treatment under the law of the sea.’ -- Karen Scott, University of Canterbury, New Zealand‘The entry into force of the UN Convention on the Law of the Sea has made the legal regime of islands a topical issue in international law. Climate change and sea-level rise contribute to the current interest in the subject. This book adds an important contribution to the existing literature. It pleads for a contextual approach that avoids the strictures of purely textual interpretation that have been a source of difficulty for current literature and judicial decisions.’ -- Tullio Rodolfo Treves, University of Milano, Italy‘In this refreshing and insightful book on islands and the law of the sea, Evans and Lewis convincingly show how and why context matters. Their pithy treatise is instantly accessible and yet exposes hidden influences on how the so-called “legal regime” of islands operates. They provide sharp insights into related questions of sovereignty and delimitation. For good measure, new challenges of climate change and sea-level rise are explored too. I highly recommend this timely and provocative book.’ -- Richard Barnes, University of Lincoln, UKTable of ContentsContents: 1. The ‘regime of islands’ in international law 2. Contrasting islands with other maritime features 3. Definitional elements of an island 4. Islands and the delimitation of maritime zones 5. The contextual approach to islands 6. Conclusion Bibliography. Index

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Book SynopsisThis accessible book provides an introduction to the âpredominant interestâ concept, covering global case studies and landmark legal proceedings around maritime delimitation. Nicholas A. Ioannides provides a comprehensive overview of the delimitation process, identifying the criteria used to determine the delimitation of maritime areas.

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Written by leading scholar Paul Todd, this Advanced Introduction draws on the author’s decades of experience researching and teaching maritime law, offering a clear and concise introduction to the core areas of the field. In addition to providing a primer on the substance, it explains the worldwide applications of English law, and surveys the sources of law and how to locate them. It also highlights some of the difficulties in interpreting the law and pinpoints which individuals have been instrumental in doing so, and in making and developing the law.Key features include: broad but concise coverage of international sales, carriage of goods by sea, marine insurance and admiralty law the provision of references and citations for further study exploration of the recent and likely future developments for the field. The Advanced Introduction to Maritime Law will be a key resource for students and non-specialist scholars of commercial law, transport law and maritime law, while also appealing to professionals with an interest in expanding their knowledge of the topic.Trade Review‘This short book covers the sort of introductory background and contextual material that often has to be crammed into the first week or so of maritime commercial law courses studied in the UK (in particular). “Maritime Law” is treated broadly so as to include international sales and marine insurance, as well as traditional carriage and Admiralty issues. The book will particularly suit international students, unfamiliar with the common law system, and uses simple, colloquial – sometimes even conversational – language.’ -- Professor Nick Gaskell, University of Queensland, Australia

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Written by leading scholar Paul Todd, this Advanced Introduction draws on the author’s decades of experience researching and teaching maritime law, offering a clear and concise introduction to the core areas of the field. In addition to providing a primer on the substance, it explains the worldwide applications of English law, and surveys the sources of law and how to locate them. It also highlights some of the difficulties in interpreting the law and pinpoints which individuals have been instrumental in doing so, and in making and developing the law.Key features include: broad but concise coverage of international sales, carriage of goods by sea, marine insurance and admiralty law the provision of references and citations for further study exploration of the recent and likely future developments for the field. The Advanced Introduction to Maritime Law will be a key resource for students and non-specialist scholars of commercial law, transport law and maritime law, while also appealing to professionals with an interest in expanding their knowledge of the topic.Trade Review‘This short book covers the sort of introductory background and contextual material that often has to be crammed into the first week or so of maritime commercial law courses studied in the UK (in particular). “Maritime Law” is treated broadly so as to include international sales and marine insurance, as well as traditional carriage and Admiralty issues. The book will particularly suit international students, unfamiliar with the common law system, and uses simple, colloquial – sometimes even conversational – language.’ -- Professor Nick Gaskell, University of Queensland, Australia

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Book SynopsisThis timely book examines the reform of maritime law under the influence of environmental principles and the effects of these changes in the legal relationships between maritime stakeholders. Providing an integrated assessment of the use of environmental principles in the governance of shipping and maritime law, it argues that normative barriers supported by short term financial interests, the balance of power between states and the technocratic character of the IMO are delaying necessary changes to support sustainable development and thus endanger the marine environment.Offering a complete review of the environmental impacts of shipping, Michael Tsimplis analyses the compatibility of maritime conventions with environmental norms, developing a methodology using publicly available documents of the International Maritime Organisation. He discusses what would be required in terms of governance for sustainability in the maritime sector, proposing a number of ways of removing barriers within a strategy of zero discharges, zero emissions, and zero impact.Scholars and students of maritime and environmental law will find this book’s analysis of how environmental principles affect both public and private law aspects of the shipping sector illuminating. It will also be of interest to policy makers and regulators in the maritime and environment sectors looking for an overview of the issues involved in improving environmental performance in shipping.Trade Review‘Michael Tsimplis has written a carefully calibrated book that will appeal to a wide range of audiences, all of whom can engage with this study at different levels. He has assembled the many relevant and related materials astutely to produce a comprehensive yet balanced treatment of the conjunction between environmental norms and the main elements of maritime law. Tsimplis has provided a great service to all of us who work in related legal areas and cognate disciplines. This major effort is a true success and fully deserves to be commended to all legal academics and practitioners interested to know how environmental norms are being integrated within other fields of law across the entire discipline.’ -- David M. Ong, The IUCN AEL (Academy of Environmental Law) Journal of Environmental Law‘This is an important book, which deals with a key question of our time – whether the norms designed to ensure environmental protection and environmental sustainability of maritime transport are fit for purpose. To answer this question, the author draws on his unique multidisciplinary background and insights as both a Professor of Maritime Law and renowned Oceanographer, who understands the marine environment and its interactions with shipping better than most. [...] The book is highly recommended for anyone with an interest in maritime law and the environment and makes a genuine contribution to the field.’ -- Regina Asariotis, United Nations Conference on Trade and Development (UNCTAD), Geneva, SwitzerlandTable of ContentsContents: Preface 1. Introduction to Environmental Norms in Maritime Law 2. The environmental impacts of shipping 3. The governance of international shipping 4. On environmental and maritime norms and principles 5. Environmental norms in the negotiations at the International Maritime Organization 6. Environmental norms in maritime conventions 7. Implementation and enforcement of environmental regulations 8. Environmental norms in maritime contracts 9. Enforcement of environmental claims 10. Limitation of liability for environmental claims 11. Governance for sustainable development Index

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Book SynopsisA sharp, informed and thoroughly practical guide to contemporary and developing issues relating to sea pollution, prepared by leading academics and practitioners with everyday hands-on experience. Pollution at Sea focuses on a number of the vital private law issues – compensation, insurance, contract and tort – thrown up by contemporary developments in the law of pollution. The book also intends to offer a critical analysis on emerging public law concepts, such as the legal position of seafarers from the perspective of criminal law in cases of pollution and the impact of port state control as a pollution control mechanism. Pollution at Sea is divided into three parts:1. Private Law Liability Regimes2. Rights and Liabilities of Particular Parties3. The Impact of Public Law on the Actors ConcernedIn part 1; various liability regimes are dissected, including those which have been under the spotlight in recent years. This section has particular international appeal, and many of the regimes discussed are based at least in part on international conventions, agreements or practices. In part 2; the impact of pollution at sea on third parties is considered, with respect to the legal position of parties that might be perused either by the victims of pollution incidents or in some cases by the parties liable by way of a recourse action. Finally in part 3; recent relevant developments, particularly in the realm of public law are covered.Table of ContentsPART 1: Various Liability Regimes: International, Regional and National 1. “Torrey Canyon”, 45 Years on – Have We Solved All the Problems? Mr Patrick Griggs CBE, Past President of CMI, UK 2. Liability for Pollution from Ships Bunkers Mr Colin de la Rue, Partner, Ince & Co, London, UK 3. The HNS Convention and Its 2010 Protocol Mr Mans Jacobbson, Former Director, International Oil Pollution Compensation Funds, Sweden 4. Compensation for Pollution Damage Resulting from Exploration for and Exploitation of Seabed Mineral Resources Professor Baris Soyer, Director of the Institute of International Shipping and Trade Law, UK 5. Proposals for Legislative Reform Following the Deepwater Horizon Oil Spill Mr Charles B. Anderson, Skuld North America, USA 6. “To the Great Damage and Common Nuisance of All Liege Subjects of Our Lady the Queen”: Oil Pollution Claims and Public Nuisance Simon Rainey QC, Barrister Quadrant Chambers, London, UK 7. Avoiding International Legal Regimes- The Erika Experience Mr Luc Grelett, Partner, Reed Smith, Paris, France 8. Maritime Liability and Compensation in EU Law Mr Henrik Ringbom, Head of Unit, Marine Environment, Training and Statistics, at the European Maritime Safety Agency, Portugal PART 2: Pollution Liabilities and Third Parties 9. Environmental Salvage- Time for A Change? Mr Archie Bishop, Holman Fenwick Willan, London, UK10. Recent Developments in P&I Cover for Pollution: Terrorism, Piracy and Sanctions Mr Luke Readman, Retired Chairman, Thomas Miller Ltd, UK 11. The Liability of Charterers for Marine Pollution Professor Richard Williams, Member of the Institute of International Shipping and Trade Law, UK 12. Marine Pollution- Unorthodox Suits and Unorthodox Defendants Professor Andrew Tettenborn, Member of the Institute of International Shipping and Trade Law, UK PART 3: Public Law Aspects 13. Maritime Pollution and State Liability Mr Simon Baughen, Reader in Law, University of Bristol, UK 14. Whatever Happened to European Directive 2005/35/EC? Europe's Ambivalent Approach to the Fight against Marine Pollution and its Consequences for Seafarers Professor Marc Huybrechts, Emeritus Professor of Law, University of Antwerp and University of Leuven, Belgium 15. Impact of Port State Control on Pollution at Sea Dr Oya Ozcayir, Maritime Consultant and Member of the Izmir Bar, Turkey

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Book SynopsisThe new edition of Marine Insurance Clauses reflects numerous changes and additions to the policy clauses, and particularly the new style of the organisation entitled the International Underwriting Association of London in 2002. The new edition will bring you up to date with the present complex and sometimes confusing variations in policy conditions.Part of the Maritime and Transport Law Library.Table of ContentsPart 1 Introduction Part 2 Marine Cargo Forms Part 3 Marine Hull Forms Part 4 Additional Insurances for Shipowners Part 5 Insurances For Various Interests Part 6 War and Strikes Risks Forms

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Book SynopsisThis volume focuses on current issues affecting the market with regard to marine insurance. Written by a team of leading academics and practitioners, it analyzes the contemporary questions and debates in the law arising out of market practice and provides an up-to-date analysis of the law of marine insurance.Topics covered include:- held covered clauses, incorporation of terms into reinsurance contracts, valued policies, insurable interest, warranties, wilful misconduct, counter-claims by insurers and jurisdiction. It also provides an comparative analysis of the law and practice in Europe, Australia and the USA. Cumulatively the contributions provide a comprehensive statement of the modern law and practice of marine insurance.Table of ContentsChapter 1. Held Covered Clauses Professor D. Rhidian Thomas Chapter 2. Incorporation of Terms into Reinsurance Contracts -Professor Robert Merkin Chapter 3. Valued Policies Professor Howard Bennett Chapter 4. Insurable Interest Nicholas Legh-Jones QC Chapter 5. Warranties Dr. Barry Soyer Chapter 6. Warranties of Seaworthiness Dr. Susan Hodges Chapter 7. Wilful Misconduct Julian Hill Chapter 8. Counter Claims by Insurers Professor Robert Grimes Chapter 9. Jurisdiction Yvonne Baatz Chapter 10. European Marine Insurance Law Professor Marc A Huybrechts Chapter 11. Australian Marine Insurance Law Dr. Sarah Derrington Chapter 12. USA Marine Insurance Law Professor Michael Sturley

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Book SynopsisThis fourth edition addresses certain developments, including the 1996 Protocol to the 1976 Limitation Convention, which have come into effect since publication of the previous edition. The chapters on limitation of liability for passenger claims and in relation to the carriage of goods have been updated, as has the chapter on limitation regimes worldwide. The book also focuses upon the practicalities of seeking to limit by reference to case law and procedural rules.Table of ContentsPART A: A COMMENTARY ON THE 1976 LIMITATION CONVENTION AND OTHER RELEVANT REGIMES 1. INTRODUCTION 2. HISTORICAL OVERVIEW OF LIMITATION IN THE UNITED KINGDOM 3. THE 1976 LIMITATION CONVENTION AND ITS 1996 PROTOCOL, 4. LIMITATION: PASSENGER CLAIMS, 5. ATHENS PROTOCOL 2002, 6. LIMITATION: CARRIAGE OF GOODS, PART B: COUNTRY ANALYSIS FOR LIMITATION OF LIABILITY FOR MARITIME CLAIMS.

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Book SynopsisPort State Control, Second Edition is a comprehensive publication dealing with the full implications and regulations of port State control. It provides a detailed analysis of the legal framework relating to port State control, including the most recent developments in this area. It covers not only the regional agreements on port State control and the EU legislation on this subject but also the background of the port State control process, its implications in practice and its effect on the ISM Code and the classification societies.The book covers topics such as: Amendments and changes to the regional port state control systems The addition of an appeal procedure to the Paris MOU Issues related to the ports of refuge and the urgency for authorities to draw up appropriate plans for places of refuge following the recent incidents The ISPS Code for maritime security in the light of newly recognised vulnerability against terrorist attacks Update to Equasis Progress with Qualship regime under US Port State Control system. This book will be an invaluable reference tool for shipping lawyers around the world. Table of ContentsChapter 1. Flag State Control: Background Chapter 2. The International Maritime Organisation (IMO) Chapter 3. Port State Jurisdiction Chapter 4. Introduction to Port State Control and IMO Guidelines Chapter 5. Regional Port State Control Agreements Chapter 6. Port State Control in the UK Chapter 7. The EU Directive on Port State Control Chapter 8. Equasis Chapter 9. The Erika, The Prestige and Effects on International Legislation Chapter 10. Port State Control in the US 11. The International Safety Management (ISM) Code Chapter 12. Classification Societies Chapter 13. Practical Implications of Port State Control

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Book SynopsisCommencement of Laytime is the only in-depth examination and discussion concerning the most important financial aspect of laytime which can affect all voyage charter parties and international contracts for the sale of goods. The information is presented in a style which is readable by ship operators, traders and other lay persons as well as legal professionals.Table of ContentsIntroduction- General Requirements of English Law Chapter 1. Arriving at the Agreed Destination Chapter 2. Special Clauses Relevant to Arriving at the Destination Chapter 3. Breaches of Contract/Damages Relevant to Arriving at the Destination: Implied Terms Chapter 4. Readiness Chapter 5. Special Clauses/Breaches of Contract/ Damages Relevant to Readiness (Including Draught and Bills of Lading and Fault of Owners) Chapter 6. Notice of Readiness Including Relevant Special Clauses and Acceptance of Notice of Readiness Chapter 7. Miscellaneous Matters

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Book SynopsisThe book examines and analyses in depth the specific issues which are currently occupying the marine insurance markets and the law. The London market is currently re-examining its practices and international competitiveness; and the English case law is growing significantly. The issues identified in the book are the “fundamental issues” on which marine insurance law is based, and which are in the process of being re-examined and developed further to respond to the needs of modern insurance practice. They are of wider interest to insurance law in general and the evolution of English law is analysed against the backdrop of legal developments in Europe and Scandinavia.Table of ContentsChapter 1. Trends in the Interpretation of Marine Insurance Contracts Chapter 2. Insurable Interest- Accelerating the Liberal Spirit Chapter 3. Pre-Contractual Duty of Utmost Good Faith- Materiality and Remedies Chapter 4. The Post-Contractual Duties of Good Faith in Marine Insurance Policies: The Search for Elusive Principles Chapter 5. Classification of Terms in Marine Insurance Contracts in the Context of Contemporary Developments Chapter 6. The New London Market Principals' Slip Chapter 7. The International Hull Clauses 2003 Chapter 8. Comparative Marine Insurance Law: Highlighting the Significant Features of Marine Insurance Law in Belgium and Other Selected European Legal Systems Chapter 9. Comparative Lessons Derivable from the Norwegian Marine Insurance Plan 1996 Chapter 10. The Marine Insurance Act 1906: Judicial Attitudes and Innovation - Time for Reform?

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Book SynopsisWith reform of warranties, utmost good faith and insurable interest underway, Reforming Marine and Commercial Insurance Law provides a timely and essential analysis of this changing area of marine insurance law. The entire insurance sector is observing and participating in the reform process and this wide interest is reflected in the diversity of extremely high quality contributions to this book. This book evaluates the legal and practical implications of the proposals on commercial and marine insurance contracts. The contributors, from legal practice, the insurance sector, the judiciary and academia, comment critically on the proposals and discuss the viability and future of the reform process.Table of ContentsChapter 1 Insurance Contract Law Reform in England/Wales and Scotland David Hertzell Chapter 2. Pre-Contractual Information Duties and the Law Commissions' Review Martin Bakes Chapter 3. Materiality: The Search for Practicality Alan Weir Chapter 4. The Law Commissions' Proposals and Reinsurance Robert Merkin Chapter 5. A Practitioner's Perspective on Placement Duties of Insurance Brokers and Reflections of the Proposals of the Law Commissions Derrick G. Cole Chapter 6. The Law Commissions' Proposed Reforms of the Law of Warranties in Marine and Commercial Insurance: Will the Cure be Better than the Disease? Richard Aikens Chapter 7. Reforming Insurance Warranties - Are We Finally Moving Forward? Baris Soyer Chapter 8. Reflections on Values: The Law Commissions' Proposals With Respect to Remedies for Breach of Promissory Warranty and Pre-Formation Non-Disclosure and Misrepresentation in Commercial Insurance Howard Bennett Chapter 9. Insurable Interest: A Suitable Case for Treatment? Mark Templeman QC Chapter 10. Utmost Good Faith and the Presentation and Handling of Claims Peter MacDonald Eggers

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Book SynopsisThis addition to the Maritime and Transport Law Library looks at voyage charterparty contracts and addresses complex legal and practical issues arising out of them and their relationship with bills of lading and international sale contracts. It offers insightful discussion on other distinctive features of voyage charterparties, such as deviation, laytime and demurrage, seaworthiness and cancellation clauses, and on the recent case law developments in jurisdiction and arbitration clauses in voyage charterparty contracts.Table of ContentsChapter 1. The Evolving Flexibility of Voyage Chaterparties Professor D. Rhidian Thomas Chapter 2. Jurisdiction and Arbitration Clauses Steven Gee QC Chapter 3. Legal Aspects of the Approach Voyage Richard Lord QC Chapter 4. The Loading Obligations of Voyage Charterers Dr Theodora Nikaki Chapter 5. The Wreck of the Hesperus Revisited: A Review of the Obligations of Seaworthiness in Contracts of Affreightment Charles G.C.H Baker Chapter 6. Dangerous Cargo and "Legally Dangerous" Cargo Robert Gay Chapter 7. Arrival, Readiness and the Commencement of Laytime Simon Rainey QC Chapter 8. The Running of Laytime and Demurrage when a Charterer does not have Sole Use of a Vessel Mark Hamsher Chapter 9. Laytime and Demurrage Clauses in Contracts of Sale- A Survey of the New York Society of Maritime Arbitrators' Awards (1978-2008) and English Case Law Professor Jason Chuah Chapter 10. Bills of Lading and Voyage Charters Professor Francis Reynolds QC Chapter 11. Charterparty Bills of Lading Cargo Interests' Liabilities to the Shipowner Simon Baughen Chapter 12. The Bill of Lading Contracts Under European National Laws (Civil Law Approaches to Explaining the Legal Approaches to Explaining the Legal Position of the Consignee under Bills of Lading) Professor Frank G.M Smeele Chapter 13. Comparative Observations on United States Law and Practice Relating to Voyage Charters LeRoy Lambert Chapter 14. The Impact of Deviation on Contracts of Affreightment Professor Richard Williams Chapter 15. Cancellation Clauses and Repudiatory Breach Professor Michael Furmstron Chapter 16. Frustration in Voyage Charters- Silted-up Backwater or Vital Navigation Resource? Professor Andrew Tettenborn

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Book SynopsisThe Rotterdam Rules represent the most comprehensive overhaul of the law of carriage of goods by sea in more than fifty years. To coincide with the signing ceremony, six members of the Institute of Maritime Law have written a detailed commentary on the Rules. The Rotterdam Rules: A Practical Annotation examines the text of the Rules, all ninety-six articles of the new Convention, and compares them to the text of the Hague-Visby Rules, the instrument currently covering most bills of lading. The authors have also examined the judgments in cases decided in the English Courts under the Carriage of Goods by Sea Acts of 1971 and 1992 and have indicated whether these cases would be decided differently under the new Rotterdam Rules.Table of ContentsChapter 1. General Provisions Charles Debattista Chapter 2. Scope of Application Hilton Staniland Chapter 3. Electronic Transport Records Charles Debattista Chapter 4. Obligations of the Carrier Michael Tsimplis Chapter 5. Liability of the Carrier for Loss, Damage or Delay Michael Tsimplis Chapter 6. Additional Provisions Relating to Particular Stages of Carriage Filippo Lorenzon Chapter 7. Obligations of the Shipper to the Carrier Filippo Lorenzon Chapter 8. Transport Documents and Electronic Transport Records Filippo Lorenzon Chapter 9. Delivery of the Goods Charles Debattista Chapter 10. Rights of the Controlling Party Charles Debattista Chapter 11. Transfer of Rights Charles Debattista Chapter 12. Limits of Liability Michael Tsimplis Chapter 13. Time for Suit Yvonne Baatz Chapter 14. Jurisdiction Yvonne Baatz Chapter 15. Arbitration Yvonne Baatz Chapter 16. Validity of Contractual Terms Filippo Lorenzon Chapter 17. Matters Not Governed by This Convention Hilton Staniland Chapter 18. Final Clauses Andrew Serdy

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Book SynopsisThis fourth edition is a detailed but easy-to-follow account of the constitution, workings and daily practice of protection and indemnity clubs. Designed to be a practical reference source for anyone who is in any way involved with mutual insurance, it offers comprehensive guidance on the complex area of P&I Clubs. The new fourth edition has been fully revised and updated since the last edition was written in 1999. New areas emphasised in the fourth edition include: • Piracy • Charterers’ liability insurance • Defence Cover • Disputes concerning the Inter-Club Agreement • Enforceability of arbitration agreements in the Club’s Rules. • The Club’s obligation to (i) make direct payments under certificates, (ii) pay death/ personal injury claims in the event of a member’s insolvency, and (iii) make indivisible personal injury claims.Table of ContentsChapter 1. Introduction and History Chapter 2. Structure of a Modern P&I Club Chapter 3. Directors and Managers Discretion Chapter 4. Entry Chapter 5. The Contract of Membership Chapter 6. Club Membership Chapter 7. Underwriting Chapter 8. Calls and Club Funds Chapter 9. Introduction to P&I Cover Chapter 10. Risks Covered Chapter 11. Warranties and Club Cover Chapter 12. General Exceptions and Limitation to Club Cover Chapter 13. Claims: The Role of the Club Chapter 14. Security: Club Letters of Undertaking Chapter 15. The Inter-Club Nype Agreement Chapter 16. The Club's Right of Subrogation Chapter 17. Direct Action Against P&I Clubs Chapter 18. Notification of Claims Chapter 19. The Member's Duty to Sue and Labour Chapter 20. The "Pay to be Paid" Rule Chapter 21. Disputes and Jurisdiction Clauses Chapter 22. Duration of Club Cover Chapter 23. Termination of Club Membership Chapter 24. P&I Clubs Reinsurance and the International Group of P&I Clubs Chapter 25. Charterers' P&I Cover Chapter 26. Defence Cover Chapter 27. Direct Liability Under International Convention Certificates Chapter 28. Recommended Clauses

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Book SynopsisThis book is based on papers presented at the Sixth International Colloquium organised by the Institute of International Shipping and Trade Law, Swansea University, in September 2009. The sixteen contributions have been written by a team of international experts who collectively submit the newly proposed Rotterdam Rules to asustained, penetrative and comprehensive analysis. The scale of the Rotterdam Rules is staggeringly wide, as also are their detail and complexity, and coming to a full understanding of the provisions and implications ofthe Rules represents a challenge even to those experienced in the law and practice of commercial shipping. This book examines virtually all aspects of the Rules and will provide an effective, reliable and readable guide to everyone seeking a complete grasp of the Rules.Table of ContentsChapter 1. The Emergence and Application of the Rotterdam Rules Chapter 2. From Treaty to Trial- The Implementation of the Rotterdam Rules Chapter 3. Interpreting the International Sea-Carriage Conventions: Old and New Chapter 4. Freedom of Contract and the Rotterdam Rules: Framework for Negotiation or One-Size Fits-All? Chapter 5. Minimal Music: Multimodal Transport Including a Maritime Leg under the Rotterdam Rules Chapter 6. The Duties of Carriers under the Conventions: Care and Seaworthiness Chapter 7. Package Limitation as an Essential Feature of the Modern Maritime Transport Treaties: A Critical Analysis Chapter 8. Exclusions of Liability Chapter 9. Misdelivery Claims under Bills of Lading and International Conventions for the Carriage of Goods by Sea Chapter 10. Some Remarks on the Allocation of the Burden of Proof under the Rotterdam Rules as Compared to the Hague (Visby) Rules Chapter 11. Duties of Shippers and Dangerous Cargoes Chapter 12. Deck Cargo: Safely Stowed at Last or Still At Sea? Chapter 13. Transport Documents under the International Conventions Chapter 14. Electronic Documents and the Rotterdam Rules Chapter 15. Impact of the Rotterdam Rules on the Himalaya Clause: The Port Terminal Operators' Case Chapter 16. Jurisdiction and Arbitration

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Book SynopsisInsurance Law and the Financial Ombudsman Service is an in depth look at the workings and insurance decisions of the Financial Ombudsman Service. The book analyses how the Ombudsman Service decides insurance cases and compares its approach to that of a court. This book sets out the rules, procedure and approach of the Ombudsman Service, succinctly summarises the relevant insurance law and compares and analyses it against a comprehensive review of material about insurance complaints gathered since the formation of the Ombudsman Service in 2001.Table of ContentsChapter 1. Background Chapter 2. The Workings of the FOS Chapter 3. Awards and Interest Chapter 4. The FOS Approach to Evidence Chapter 5. Policy Construction: Law Versus FOS Chapter 6. Travel Insurance Chapter 7. Life and Personal Accident Chapter 8. Household Insurance Chapter 9. Exclusion for Keys Left in Vehicle/Unattended Vehicle Chapter 10. Measurement of Loss, Abandonment and Salvage Chapter 11. Premiums Chapter 12. Fraud/Proof of Loss Chapter 13. Non-Disclosure and Misrepresentation Chapter 14. Breach of Warranty and Other Conditions Chapter 15. Legal Expenses Insurance

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Book SynopsisInternational Cargo Insurance examines the law and practice of marine cargo insurance on a worldwide basis, and provides the busy practitioner the information needed to quickly and accurately resolve cargo insurance coverage issues, wherever they may arise.The book concentrates on the law in the United States and England. It then examines other countries with a common law tradition including Hong Kong, Singapore, Japan and Australia. The civil law systems are highlighted in a number of key trading nations: Italy, Germany, France and Norway. The book includes chapters on South Africa as well as the People’s Republic of China. It concludes with a comparative law chapter concentrating on issues that arise in practice in cargo coverage cases. This chapter also examines how the Institute Cargo Clauses have been construed by Courts worldwide.The appendices include the standard cargo policy insurance terms used in each jurisdiction, some translated for the first time for this volume, as well as translations of the relevant statutes and commercial codes, many not available elsewhere.Trade ReviewInternational Cargo Insurance will naturally be consulted by marine insurance lawyers seeking an introduction to the relevant principles and practices prevailing and the relevant sources governing or setting out the position in one of the jurisdictions covered. It will further serve as an indispensable point of departure for those engaged in further attempts at regional or international harmonisation. But it will also be of more than passing interest to lawyers seeking an introduction to the general principles of insurance law in the different jurisdictions. After all, the comparative approach is relevant not only when seeking to harmonise different legal systems, but also when grappling with the reform and the improvement or modernisation of a particular municipal system of law.Congratulations are due, then, to John Dunt and his team of contributors for a project innovatively conceived and splendidly realised.JP van Niekerk, Professor of Law,Department of Mercantile Law, School of Law,University of South Africa.This fascinating work sets out with remarkable clarity, the often misunderstood differences that can exist between jurisdictions, and in turn, their application of law in the interpretation of marine cargo insurance contracts. A work such as this is long overdue, considering as it does the reasons why such alternate positions have developed, despite a publicly voiced desire in many circles for harmonization. The authors who have contributed to this new publication, including John Dunt who also edited this impressive work are all, as the clarity of their advice ably demonstrates, leading marine insurance law luminaries in their own countries. The book discusses how cargo insurance law has developed alongside international trade, and how the difference between common and civil law regimes has impacted the evolution of the law in many important respects.Marine cargo insurance law continues to evolve and this book provides an up to date refresher that will be welcomed by all in need of an accurate understanding of current thinking. An example of this is the recent decision in The Cendor MOPU case. Here the Supreme Court has now seemingly harmonised English Law on inherent vice with the position previously adopted in other regimes. This case rightly receives the careful scrutiny and the concise commentary one has come to expect from John Dunt. With the challenging piracy for ransom situation still prevailing in the Gulf of Aden/Indian Ocean, similar treatment is given to the recent Court of Appeal determination of a number of fundamental issues in Masefield AG v Amlin.For anyone involved in international cargo insurance, the United States remains a vital but sometimes uncertain jurisdiction for cargo interests, with tensions evident between federal maritime law and state law. This issue is helpfully discussed in detail with analysis of Wilburn Boat Co v Firemans Fund Insurance Co. and the impact this has had on important decisions since. Following the clear format used throughout this book, Stephen Rible gives a compelling account of the diverse jurisdiction that the United States can be, and brings considerable authority to the topics under review, with commentary supported by comprehensive case and statute referencing. This is a feature that all contributing authors have mirrored with commendable success.The "adventure", as a concept in marine insurance receives consideration and although not in the same context, "adventure" appropriately sums up the captivating journey awaiting the reader of this seminal work, as we are guided through a variety of legal landscapes and decisions. English law and practice is covered in detail first. This is followed by the positions applying in Hong Kong, Singapore, Japan, Australia, The United States of America, Italy, Germany, France, Norway, The Peoples Republic of China, and South Africa. A final chapter provides the all important comparison analysis summarizing the differences between these jurisdictions as dealt with in detail in earlier chapters. Comprehensive appendices ensure the importance of this book as an essential standalone reference source under John Dunt’s able editorship. A failure to understand the different approaches to contract formation and interpretation of coverage can have serious consequences for the uninformed. The difficulty facing anyone involved with marine cargo insurance though is just how to become acquainted with the many international regimes and the sometimes contradictory positions adopted. Without this understanding, contract certainty is readily undone with the scope for attendant uncertainty, poor decisions and unnecessary disputes.This book goes a long way to remedy that difficulty and will equip the reader with the wherewithal to make informed and appropriate decisions.Peter de Boissiere Global Marine Claims Leader - CargoInternational Cargo Insurance will naturally be consulted by marine insurance lawyers seeking an introduction to the relevant principles and practices prevailing and the relevant sources governing or setting out the position in one of the jurisdictions covered. It will further serve as an indispensable point of departure for those engaged in further attempts at regional or international harmonisation. But it will also be of more than passing interest to lawyers seeking an introduction to the general principles of insurance law in the different jurisdictions. After all, the comparative approach is relevant not only when seeking to harmonise different legal systems, but also when grappling with the reform and the improvement or modernisation of a particular municipal system of law.Congratulations are due, then, to John Dunt and his team of contributors for a project innovatively conceived and splendidly realised.JP van Niekerk, Professor of Law,Department of Mercantile Law, School of Law,University of South Africa.This fascinating work sets out with remarkable clarity, the often misunderstood differences that can exist between jurisdictions, and in turn, their application of law in the interpretation of marine cargo insurance contracts. A work such as this is long overdue, considering as it does the reasons why such alternate positions have developed, despite a publicly voiced desire in many circles for harmonization. The authors who have contributed to this new publication, including John Dunt who also edited this impressive work are all, as the clarity of their advice ably demonstrates, leading marine insurance law luminaries in their own countries. The book discusses how cargo insurance law has developed alongside international trade, and how the difference between common and civil law regimes has impacted the evolution of the law in many important respects.Marine cargo insurance law continues to evolve and this book provides an up to date refresher that will be welcomed by all in need of an accurate understanding of current thinking. An example of this is the recent decision in The Cendor MOPU case. Here the Supreme Court has now seemingly harmonised English Law on inherent vice with the position previously adopted in other regimes. This case rightly receives the careful scrutiny and the concise commentary one has come to expect from John Dunt. With the challenging piracy for ransom situation still prevailing in the Gulf of Aden/Indian Ocean, similar treatment is given to the recent Court of Appeal determination of a number of fundamental issues in Masefield AG v Amlin.For anyone involved in international cargo insurance, the United States remains a vital but sometimes uncertain jurisdiction for cargo interests, with tensions evident between federal maritime law and state law. This issue is helpfully discussed in detail with analysis of Wilburn Boat Co v Firemans Fund Insurance Co. and the impact this has had on important decisions since. Following the clear format used throughout this book, Stephen Rible gives a compelling account of the diverse jurisdiction that the United States can be, and brings considerable authority to the topics under review, with commentary supported by comprehensive case and statute referencing. This is a feature that all contributing authors have mirrored with commendable success.The "adventure", as a concept in marine insurance receives consideration and although not in the same context, "adventure" appropriately sums up the captivating journey awaiting the reader of this seminal work, as we are guided through a variety of legal landscapes and decisions. English law and practice is covered in detail first. This is followed by the positions applying in Hong Kong, Singapore, Japan, Australia, The United States of America, Italy, Germany, France, Norway, The Peoples Republic of China, and South Africa. A final chapter provides the all important comparison analysis summarizing the differences between these jurisdictions as dealt with in detail in earlier chapters. Comprehensive appendices ensure the importance of this book as an essential standalone reference source under John Dunt’s able editorship. A failure to understand the different approaches to contract formation and interpretation of coverage can have serious consequences for the uninformed. The difficulty facing anyone involved with marine cargo insurance though is just how to become acquainted with the many international regimes and the sometimes contradictory positions adopted. Without this understanding, contract certainty is readily undone with the scope for attendant uncertainty, poor decisions and unnecessary disputes.This book goes a long way to remedy that difficulty and will equip the reader with the wherewithal to make informed and appropriate decisions.Peter de Boissiere Global Marine Claims Leader - CargoTable of Contents1. History and Harmonisation, John Dunt 2. Jurisdiction and Applicable Law, John Dunt 3. England, John Dunt 4. Hong Kong, Colin Wright and Caroline Thomas 5. Singapore, Corina Song 6. Japan, Shuji Yamaguchi and John Dunt 7. Australia, Derek Luxford 8. The United States of America, Stephen V. Rible 9. Italy, Francesco Siccardi 10. Germany, Joachim F. Bartels 11. France, Gildas Rostain, Maxime de La Morineri and Marie Buzulier 12. Norway, Trine-Lise Wilhelmsen and Hans Jacob Bull 13. The Peoples Republic of China, Liu Guiming, Liang Jian and Cai Dongdong 14. South Africa, Andrew Robinson 15. Comparative Analysis, John Dunt

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Book SynopsisThis unique new title provides expert, hands-on advice as to the law and practice of the maritime letter of indemnity. Detailing the variety of implications that can arise from each type of letter, the authors bring this important and litigious subject to the fore with a view to reducing the commercial and legal risks involved in this core area of shipping and international trade.Key features of this title include detailed legal analysis of: The history of indemnity contracts and letters of indemnity Shipping and international trade contexts where letters of indemnity are used GAFTA sale contract forms and standard letter of indemnity P&I Clubs forms The enforceability of maritime letters of indemnity The rights and liabilities for sellers, buyers, banks and ship owners which arise from the use of letters of indemnity The impact on the system based on the use of bills of lading and on electronic bills of lading Policy issues arising from the use of letters of indemnity in practice and of the practicalities of litigation involving letters of indemnity. As the only text currently on the market covering maritime letters of indemnity in such detail, this book will be an indispensable guide for maritime lawyers, professionals and academics alike, as well as shipowners, charterers, commodity traders and trade finance professionalsTrade Review'The authors provide a thoughtful and almost comprehensive guide to this important area of law and the book should prove a useful addition to the library of any shipping practitioner.' Professor Simon Baughen, Journal of International Maritime LawTable of ContentsChapter 1. Introduction to Letters of Indemnity Chapter 2. Letters of Indemnity and the Carriage of Goods by Sea Chapter 3. Letters of Indemnity and Bills of Lading Chapter 4. LOIs, the International Approach Chapter 5. "Clean Bills" LOIs, the English position Chapter 6. Policy Considerations Chapter 7. Discharge LOIs and The Presentation Rule Chapter 8. Enforcing "discharge" Letters of Indemnity Chapter 9. Change of Destination LOIs Chapter 10. Letters of Indemnity and P&I Cover Chapter 11. Implied Indemnities

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Book SynopsisModern Piracy is the first book to survey the law of maritime piracy from both public law and commercial law perspectives, as well as providing a contextual overview of piracy in major hotspots.Topics covered include issues of international law, law-enforcement cooperation, private armed security, ransoms, insurance and carriage of goods by sea. It provides a comprehensive introduction to the range of legal issues presented by the modern piracy menace and will be of interest to scholars and practitioners alike.Benefiting from a wide range of international expertise, this book will be of interest to public international law academics, government legal counsel, maritime commercial law practitioners, international relations academics as well as anyone interested in transnational organised crime.Contributors: R. Beckman, C. Bueger, H. Friman, D. Guilfoyle, J. Kraska, J. Lindborg, P. MacDonald Eggers QC, K. Michel, A. Murdoch, M.N. Murphy, T. Treves, B. WilsonTrade Review'A number of books dealing with piracy have been published in recent years. This book stands out by the breadth of its coverage, which, unusually and much to be welcomed, includes detailed consideration of both public and private law. The book is also notable for the quality and range of expertise of its contributors, who are not only leading experts in the field but a mixture of academic and practising lawyers.' --Robin Churchill, The University of Dundee, UK'Piracy once again is posing serious threats to international trade, navigation and, of course, to the safety of seafarers. This collection of outstanding essays by outstanding scholars and practitioners examines the background to the re-emergence of piracy in South Asia, East and West Africa and explores the complex legal and practical challenges which crafting effective responses has presented. It is, quite simply, essential reading for anyone who is seriously interested in understanding and responding to one of the most pressing problems of our time.' --Malcolm Evans, University of Bristol, UKTable of ContentsContents: Preface 1. Introduction: Piracy, Law and Lawyers Douglas Guilfoyle PART I: CONTEXT 2. Piracy and Armed Robbery Against Ships in Southeast Asia Robert Beckman 3. Piracy off Somalia and Counter-piracy Efforts Douglas Guilfoyle 4. Petro-Piracy: Predation and Counter-Predation in Nigerian Waters Martin N. Murphy 5. Responses to Contemporary Piracy: Disentangling the Organizational Field Christian Bueger PART II: PIRACY AND PUBLIC LAW 6. Piracy and the International Law of the Sea Tullio Treves 7. Capture and Disruption Operations: The Use of Force in Counter-Piracy off Somalia Andrew Murdoch and Douglas Guilfoyle 8. Initiating Criminal Proceedings with Military Force: Some Legal Aspects of Policing Somali Pirates by Navies Håkan Friman and Jens Lindborg 9. Reshaping Maritime Security Cooperation: The Importance of Interagency Coordination at the National Level Brian Wilson PART III: PIRACY AND PRIVATE LAW 10. International and Comparative Regulation of Private Maritime Security Companies Employed in Counter-piracy James Kraska 11. What is a Pirate? A Common Law Answer to an Age-old Question Peter MacDonald Eggers QC 12. Insurance Protection Against Piracy Peter MacDonald Eggers QC 13. Piracy and Carriage of Goods by Sea Keith Michel PART IV: CONCLUSIONS 14. Policy Tensions and the Legal Regime Governing Piracy Douglas Guilfoyle Index

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Book SynopsisThis text provides an explanation of the responsibilities and liabilities of the shipbroker, both in direct contact with principles and as part of a chain of other brokers. Highlighting legal questions arising from ways in which the broker's business is done, issues addressed in this book include potential legal liabilities as well as common negligence claims. The book also deals with the shipbroker's entitlement to commission and the problems associated with litigation in this area. It is suitable for ship owners, charterers, agents and marine consultants, as well as brokers.Table of Contents1 The Shipbroker and the Principal, 2 The Shipbroker’s Authority, 3 The Shipbroker’s Statements, 4 The Shipbroker and the Negotiations, 5 The Shipbroker and the Contract, 6 Shipbroker’s Commission, 7 Post Fixture Services, 8 The Shipbroker’s Other Services, 9 The Regulation of Shipbroker.

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Book SynopsisThis book presents a comparative study on various issues regarding legal aspects of cruises – mainly, the importance of the cruise business, the impact of cruise tourism, general and specific rules applicable to cruises, liability issues, cruise passengers as consumers, package travel, labor rules for cruise workers, relevant rules on ports (e.g. on taxes, costs and rates charged to cruises in different ports), rules on the environmental impact of cruises, jurisdiction, arbitration, and choice of law in cruise contracts, and general conditions used by companies offering cruise services – in order to identify the current sources of law on these matters and determine whether or not they are appropriate and sufficient. Combining a general report with individual national reports, the book offers not only a general overview, but also the perspectives of selected jurisdictions in the Americas, Europe and Asia, namely: Argentina, Belgium, Bulgaria, Germany, Japan, Poland, Romania, Spain, Turkey, the United States, and Uruguay.Table of ContentsPart I General Report.- Legal Aspects of Cruises – General Report.- Part II National Reports – Europe.- Belgium: Legal Aspects of cruises from a Belgian perspective.- Bulgarie : Aspects légaux des croisières en Bulgarie.- Germany: Legal Aspects of Cruises from a German Perspective.- Poland : Legal Aspects of Cruises in Poland.- Romania: Legal Aspects of Cruises in Romania.- Spain: Legal Aspects of Cruises in Spain.- Part III. National Reports – North and South America.- Argentina: Legal Aspects of Cruises in Argentina.- Brazil: Legal Aspects of Cruises in Brazil.- USA: U.S. Perspective on the Legal Aspects of Cruises.- Uruguay: Legal Aspects of Cruises in Uruguay.- Part IV. National Reports – Asia and Euro-Asia.- Japan: Legal Aspects of Cruises in Japan.- Turkey: Legal Aspects of Cruises in Turkey.- Annex: Questionnaire on Legal Aspects of Cruises – Questionnaire sur les aspects légaux des croisières.

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Book SynopsisThis book addresses the environmental, legal, social, and economic aspects of corporate social responsibility in the maritime industry. It discusses the voluntary aspects of the CSR concept and how the lines between informal and formal rules are merging and becoming fuzzy. Further, it shows how regulation is enhancing responsibility and sustainability in the maritime industry.The book gathers the experiences of the WMU, IMO, UN and public and private actors in developing and developed countries in the maritime industry.Table of ContentsLisa Loloma Froholdt, Introduction.- Lisa Loloma Froholdt, The perception of Corporate Social Responsibility in the maritime industry.- Devinder Grewal, The Growth of CSR and its Acceptance in the Maritime Industry.- Yoshinobu Takei, Governance of Maritime Activities: Legal, Policy and Institutional Aspects.- Patrick Donner, George Theocharidis and Tafsir Johansson, Methods to Promote Improved Governance in Maritime Administrations of Developing Nations.- Momoko Kitada and Lise Synnøve Neeraas Langåker, Arctic Governance and Gender: Climate Change or Social Change?.- Neil Bellefontaine and Tafsir Johannson, Effective and Efficient Maritime Administration & Corporate Social Responsibility.- Aykut I.Ölçer and Fabio Ballini, Energy Management in the Maritime Industry.- Patrick Donner and Tafsir Johansson, Sulphur Directive, Short Sea Shipping & Corporate Social Responsibility in a EU Context.- D.S.H. Moon, J.K. Woo and T.G. Kim, Green Ports and Economic Opportunities.- Michael Baldauf, Knud Benedict, Matthias Kirchhoff, Michèle Schaub, Michael Gluch and Sandro Fischer, Energy-efficient Ship Operation - The Concept of Green Manoeuvring.- Ioannis Oikonomou, Aspasia Pastra and Ilias Visvikis, A Financial Business Case for Corporate Social Responsibility.- Momoko Kitada and Pamela Tansey, Impacts of CSR on Women in the Maritime Sector.- Michael Ekow Manuel, Safety and Risk Management Considerations for CSR.- Jan Skovgaard, Response to institutional processes - A study of Corporate Social Responsibility in Danish shipping companies.

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Book SynopsisThe United Nations Convention on the Law of the Sea (UNCLOS) is one of the most successful agreements ever created to govern the global commons. If it is thought of as a constitution for the oceans, then Satya Nandan should be considered one of the founders, one of the key personalities behind both the agreement and the subsequent development of Law of the Sea in the decades since UNCLOS was adopted. He led the drafting of the key negotiating text, most of which made its way, unaltered, into the Convention’s final text.How did a lawyer from Fiji come to play such a pivotal role in this important area of diplomacy and international law? This book tells the story, showing how Nandan used his creativity, pragmatism, and penchant for language to reach compromise and build consensus at nearly every stage in the making of the modern law of the sea. In this book, he elaborates on the techniques and skills he brought to bear on this task, the alliances he formed with colleagues from different countries, and the strategies that were effective in this complex, multidimensional negotiation. At a time when the stakes involved in managing the global commons could not be higher, Satya Nandan’s experience and wisdom could not be more relevant and important.Trade Review"An illuminating narrative if you are interested in how one of the world’s most complex and important pieces of legislation came into being. As a look at ‘science-diplomacy’ in action, with the desire to inform others involved in complex multilateral discussions a stated key aim of this book, it is also fascinating and informative." * The Marine Biologist *Table of Contents Foreword Acknowledgements List of Images Introduction Chapter I: Chaos at Sea: The Search for a New Legal Order Chapter II: Beyond Codification: Development of Innovative Working Methods and Procedures Chapter III: Negotiating a New Legal Order: Third United Nations Conference on the Law of the Sea Chapter IV: Achieving Universal Acceptance: Part XI Implementation Agreement Chapter V: Operationalising the Regime: UN Fish Stocks Agreement and WCPFC Concluding Reflections Annexes Index

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