International law, transport and commerce: maritime law Books
Taylor & Francis Ltd The Evolving Law and Practice of Voyage
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
£453.63
Taylor & Francis Ltd The Rotterdam Rules: A Practical Annotation
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
£446.50
Taylor & Francis Ltd The Carriage Of Goods By Sea Under The Rotterdam
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
£453.63
Taylor & Francis Ltd Insurance Law and the Financial Ombudsman Service
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
£453.63
Taylor & Francis Ltd International Cargo Insurance
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
£913.45
Taylor & Francis Ltd Shipbrokers and the Law
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.
£152.56
Lit Verlag Maritime Law - Current Developments and
Book Synopsis
£42.75
Princeton University Press Catholic Pirates and Greek Merchants
Book SynopsisA new international maritime order was forged in the early modern age, yet histories of the period have dealt almost exclusively with the Atlantic and Indian oceans. This book brings the Mediterranean and Catholic piracy into the broader context of early modern history, and focuses on commerce and the struggle for power in this volatile age.Trade ReviewJoint Winner of the 2011 Runciman Award, Anglo-Hellenic League "While Molly Greene has aimed this entertaining book primarily at the maritime historian (and she takes the word 'maritime' in the title very seriously), it is written in a style that would also appeal to the general reader of history. It adds substantially to our understanding of those who lived, worked and thieved their way around the Mediterranean Sea in the early modern period."--Michael Clark, Northern Mariner "The detailed descriptions and analyses of numerous cases taken from the files of the Tribunale degli Armamenti, which make up the bulk of the book's successive chapters, repay close reading."--Colin Heywood, International Journal of Maritime History "Greene has found wonderfully illuminating texts... There is much useful material on the lives and dealings of individual merchants and consular agents across the Mediterranean."--Diana Gilliland Wright, Journal of World History "It was a happy event that led her to tell many of these stories in this book, which is scholarly, well written, and innovative--a worthy joint winner of the Runciman Award in 2011."--Michael Llewellyn Smith, Anglo Hellenic Review "The book is a great pleasure to read, both for historians and for a more general audience interested in Mediterranean history and the history of corsairs and pirates, a subject usually related to Caribbean pirates and Barbary corsairs... The book offers rich material for further dialogue."--Maria Christina Chatziioannou, European History QuarterlyTable of ContentsList of Illustrations ix Preface xi Acknowledgments xiii Introduction 1 Chapter 1: Subjects and Sovereigns 15 Chapter 2: The Claims of Religion 52 Chapter 3: The Age of Piracy 78 Chapter 4: The Ottoman Mediterranean 110 Chapter 5: The Pursuit of Justice 138 Chapter 6: At the Tribunale 167 Chapter 7: The Turn toward Rome 201 Conclusion 224 Notes 233 Bibliography 279 Index 291
£49.50
Liverpool University Press Prize and Prejudice Privateering and Naval Prize
Book Synopsis
£34.46
Liverpool University Press Registering Interest Waterfront Labour Relations
Book Synopsis
£34.46
Liverpool University Press Seal Fisheries of the Falkland Islands and Depen
Book Synopsis
£34.46
Duke University Press Blue Legalities
Book SynopsisThe contributors to Blue Legalities attend to the seas as a legally and politically conflicted space to analyze the conflicts that emerge where systems of governance interact with complex geophysical, ecological, economic, biological, and technological processes.Trade Review“Not a minute too early, the ‘blue turn’ finally takes pride of place in legal thinking. Blue Legalities balances the legal and the liquid in all their emanations. The contributions span from the oceanic depths of our planet to the glimmering surface of our limited comprehension, combining in an undeniably poetic whole, law, politics, science, anthropology, history, and philosophy amongst other epistemes. The feat of this book is diving headlong in the fathomless challenge of treating the material and the textual as one ontological ripple.” -- Andreas Philippopoulos-Mihalopoulos, author of * Spatial Justice: Body, Lawscape, Atmosphere *“Elisabeth Mann Borgese, one of the architects of the first Law of the Sea conference, argued that any approach to the ocean must be inherently interdisciplinary. Irus Braverman and Elizabeth R. Johnson have fulfilled this claim with a wonderful interdisciplinary collection. Plumbing the depths of human and more-than-human life and law at sea, this volume is a welcome and timely contribution to the field of critical ocean studies.” -- Elizabeth M. DeLoughrey, author of * Allegories of the Anthropocene *Table of ContentsIntroduction. Blue Legalities: Governing More-Than-Human Oceans / Elizabeth R. Johnson and Irus Braverman 1 1. Solwara 1 and the Sessile Ones / Susan Reid 25 2. Held in Suspense: Mustard Gas Legalities in the Gotland Deep / Astrida Neimanis 45 3. Kauri and the Whale: Oceanic Matter and Meaning in New Zealand / Katherine G. Sammler 63 4. Edges and Flows: Exploring Legal Materialities and Biophysical Politics of Sea Ice / Philip E. Steinberg, Berit Kristoffersen, and Kristen L. Shake 85 5. Liquid Territory, Shifting Sands: Property, Sovereignty, and Space in Southeast Asia's Tristate Maritime Boundary Zone / Jennifer L. Gaynor 107 6. Wave Law / Stefan Helmreich 129 7. Robotic Life in the Deep Sea / Irus Braverman 147 8. The Technopolitics of Ocean Sensing / Jessica Lehman 165 9. The Hydra and the Leviathan: Unmanned Maritime Vehicles and the Militarized Seaspace / Elizabeth R. Johnson 183 10. Clupea Liberum: Hugo Grotius, Free Seas, and the Political Biology of Herring / Alison Rieser 201 11. Whales and the Colonization of the Pacific Ocean / Zsofia Korosy 219 12. The Sea Wolf and the Sovereign / Stephanie Jones 237 13. Marine Microbiopolitics: Haunted Microbes before the Law / Astrid Schrader 255 14. "Got Algae?": Putting Marine Life to Work for Sustainability / Amy Braun 275 15. "Climate Engineering Doesn't Stop Ocean Acidification": Addressing Harms to Ocean Life in Geoengineering Imaginaries / Holly Jean Buck 295 Afterword. Adequate Imaginaries for Anthropocene Seas / Stacy Alaimo 311 Contributors 327 Index 331
£112.20
Irwin Law Inc The Law of Bailment
£77.40
Edward Elgar Publishing Ltd Piracy and International Maritime Crimes in
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
£109.00
Edward Elgar Publishing Ltd Beyond Territorial Disputes in the South China
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
£131.00
Edward Elgar Publishing Ltd The South China Sea Disputes and Law of the Sea
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
£115.00
Edward Elgar Publishing Ltd Maritime Legacies and the Law: Effective Legal
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
£122.40
Edward Elgar Publishing Ltd Building a Normative Order in the South China
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
£111.00
Edward Elgar Publishing Ltd Research Handbook on Maritime Law and Regulation
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
£203.00
Edward Elgar Publishing Ltd Research Handbook on International Marine
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
£50.30
Edward Elgar Publishing Ltd Marine Insurance: A Legal History
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
£437.00
Edward Elgar Publishing Ltd Islands, Law and Context: The Treatment of
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
£85.00
Edward Elgar Publishing The Predominant Interest Concept and Maritime
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.
£85.00
Edward Elgar Publishing Ltd Advanced Introduction to Maritime Law
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
£98.67
Edward Elgar Publishing Ltd Advanced Introduction to Maritime Law
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
£22.95
Edward Elgar Publishing Ltd Environmental Norms in Maritime Law
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
£109.00
Edward Elgar Publishing Ltd Modern Piracy: Legal Challenges and Responses
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
£126.00
Springer Nature Switzerland AG Legal Aspects of Cruises
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.
£142.49
NUS Press Reflections on the Making of the Modern Law of
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
£23.76
Taylor & Francis Ltd Marine Pollution Shipping Waste and International Law Routledge Research in International Environmental Law
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£135.00
Taylor & Francis Freedoms of Navigation in the AsiaPacific Region Strategic Political and Legal Factors Routledge Research on the Law of the Sea
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Taylor & Francis Danger Development and Legitimacy in East Asian Maritime Politics Securing the Seas Securing the State Asias Transformations
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Taylor & Francis Maritime Claims and Boundary Delimitation Tensions and Trends in the Eastern Mediterranean Sea Routledge Research on the Law of the Sea
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Taylor & Francis Ltd Perils of the Seas and Inherent Vice in Marine Insurance Law
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Taylor & Francis Ltd Routledge Handbook of Maritime Security
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Taylor & Francis Ltd Voyage Charters
Book SynopsisWidely regarded as the leading authority on voyage charters, this book is the most comprehensive and intellectually-rigorous analysis of the area, is regularly cited in court and by arbitrators, and is the go-to guide for drafting and disputing charterparty contracts.Voyage Charters provides the reader with a clause-by-clause analysis of the two major charterparty forms: the Gencon standard charterparty contract and the Asbatankvoy form. It also delivers thorough treatment of COGSA and the Hague and Hague-Visby Rules, a comparative analysis of English and United States law, and a detailed section on arbitration awards.This book is an indispensable, practical guide for both contentious and non-contentious shipping law practitioners, and postgraduate students studying this area of law.Trade Review'This is unquestionably a book of enormous scale and coverage which has been established as the indispensable text by the commercial maritime and trading fraternity. It is truly a work of authority and distinction.'Professor D.Rhidian Thomas, Emeritus Professor of Maritime Law, Swansea University and Editor-in-Chief, Journal of International Maritime Law, UKTable of ContentsPreface; SECTION I: GENERAL PRINCIPLES AND GENCON CHARTER; Chapter 1: Formation and Terms of the Charter; Chapter 2: Parties to the Charter; Chapter 3: Description of the Ship; Chapter 4: Proceeding to the Loading Port; Chapter 5: Loading and Discharging Ports, Places and Berths; Chapter 6: The Cargo; Chapter 7: Charterer’s Obligation to Provide Cargo; Chapter 8: Dunnage; Chapter 9: Proceeding on the Cargo Voyage; Chapter 10: Delivery; Chapter 11: Owners’ Responsibility Clause; Chapter 12: Deviation and Delay; Chapter 13: Freight; Chapter 14: Loading and Discharging; Chapter 15: Laytime; Chapter 16: Demurrage; Chapter 17: Liens; Chapter 18: Bills of Lading; Chapter 19: Cancelling Clause; Chapter 20: General Average; Chapter 21: Remedies for Breach of the Charter; Chapter 22: Frustration of the Charter; Chapter 23: Agency; Chapter 24: Brokerage; Chapter 25: General Strike Clause; Chapter 26: War Risks ("Voywar 1950"); Chapter 27: General Ice Clause; Chapter 27A: Law and Arbitration; SECTION II: ASBATANKVOY CHARTER; Chapter 28: Preamble; Chapter 29: Description and Position of Vessel; Chapter 30: The Voyage; Chapter 31: Freight, Demurrage, Commission; Chapter 32: General Average and Arbitration/Tovalop/Special Provisions; Chapter 33: Warranty—Voyage—Cargo; Chapter 34: Freight; Chapter 35: Deadfreight; Chapter 36: Nomination of Loading and Discharging Ports; Chapter 37: Laydays—Cancelling; Chapter 38: Commencement and Calculation of Laytime; Chapter 39: Demurrage; Chapter 40: Safe Berthing—Shifting; Chapter 41: Pumping In and Out; Chapter 42: Hoses—Mooring at Sea Terminals; Chapter 43: Dues—Taxes—Wharfage; Chapter 44: Excluded Cargoes—Vapour Pressure; Chapter 45: Ice; Chapter 46: Two or More Ports Counting as One; Chapter 47: General cargo; Chapter 48: Quarantine and Fumigation; Chapter 49: Cleaning; Chapter 50: General Exceptions Clause; Chapter 51: Issuance of Bills of Lading; Chapter 52: Terms of Bills of Lading; Chapter 53: Clause Paramount and Cargo Claims; Chapter 54: Jason Clause; Chapter 55: General Average; Chapter 56: Collision Clause; Chapter 57: Limitation of Liability; Chapter 58: War Risks; Chapter 59: Deviation; Chapter 60: Lien; Chapter 61: Agents; Chapter 62: Breach; Chapter 63: Arbitration; Chapter 64: Sublet; Chapter 65: Oil Pollution; Section III: The Hague and Hague-Visby Rules; Chapter 66: The Hague and Hague-Visby Rules
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Taylor & Francis Ltd Transport Law on Passenger Rights
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Taylor & Francis Ltd Maritime Claims and Boundary Delimitation
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Taylor & Francis Ltd The Law of the Sea
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Taylor & Francis The Management of Maritime Regulations
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Taylor & Francis Ltd Laytime and Demurrage
Book SynopsisLaytime and Demurrage is the leading authority for all queries pertaining to this vital aspect of maritime law. It has continued to offer reliable, authoritative, and in-depth analysis since the first edition published in 1986. Praised for its unrivalled coverage and lucid writing style, this book provides a comprehensive overview of all aspects of laytime and demurrage, tracing the development of the law from its origins in the nineteenth century right up to the present day. The author delivers an in-depth analysis of both fixed and customary laytime clauses, the rules relating to commencement of laytime in berth, dock and port charters, and discusses under which circumstances laytime can be suspended. Furthermore, it analyses demurrage rules and vital issues such as despatch, detention and frustration. This eighth edition includes all key judicial and arbitral decisions reported since the seventh edition published in 2016. It also covers suffixes in connection with lTable of ContentsPreface to the Eight Edition; Chapter 1 General Principles; The Construction of Laytime Clauses; Good Faith, Honesty and Reasonableness; Chapter 2 Laytime Clauses - Fixed and Customary Laytime; Fixed Laytime; Laytime by Reference to Rates of Working Cargo; Availability of Holds; Customary Laytime; Delays Arising Without the Default of Either Shipowners or Charterers; Other Terms of the Charterparty; Where Customary Laytime is Exceeded; Customary Quick Despatch; Chapter 3 Commencement of Laytime; Readiness to Load and Discharge; Changes to Beginning of Laytime; Chapter 4 Interruptions and Exceptions to Laytime; Adverse Weather; Holidays; Strikes; Shifting and Lightening; Chapter 5 Other Laytime Matters; Completion of Laytime; Averaging and Reversing; Cases on Averaging; Multiple Charters; Commencement and Running of Laytime; Laytime Calculations; Chapter 6 Demurrage; Liability for Demurrage; Chapter 7 Despatch; Chapter 8 Detention; Chapter 9 Frustration; Appendix A Laytime Definitions; Appendix B Laytime Definitions for Chater Parties 2014 BIMCO Special Circular No. 8 Dated 10 September 2013; Appendix C The Baltic Exchange Charterparty and Laytime Terminology and Abbreviations
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Taylor & Francis The YorkAntwerp Rules The Principles and Practice of General Average Adjustment
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