International law, transport and commerce: maritime law Books
Taylor & Francis Ltd Berlingieri on Arrest of Ships Volume I
Book SynopsisNow presented in two convenient volumes, the sixth edition of Berlingieri on Arrest of Ships is an invaluable source of information, detailing the claims in respect of which a ship may be arrested, the conditions for obtaining an order of arrest, the need for a security, the manner by which the ship that has been arrested may be released, the possibility of a multiple arrest and the jurisdiction on the merits. Focused on the 1952 Arrest Convention, volume I provides a unique, thorough, and updated commentary, analysing each provision with reference to its interpretation in a significant number of States Parties. Moreover, the original comments have been reviewed on the basis of the Travaux Préparatoires of the Convention, which the Author has collected and arranged under each article. In addition to this, the Travaux Préparatoires are now included as a new and important appendix to the volume.Written by a renowned expert in the field, and analysingTrade Review "This is a work of major and collaborative scholarship, Professor Berlingieri having received contributions from notable academics and practitioners from many jurisdictions…The scholarship is evident in, for example: the copious reference to other international instruments and to the potential conflicts between them; the examination of individual countries’ implementation of the Arrest Convention for divergence from the Convention itself; and the frequent reference to the history and the traveux of the Convention."James M. Turner, The Journal of International Maritime Law"This is a work of major and collaborative scholarship, Professor Berlingieri having received contributions from notable academics and practitioners from many jurisdictions…The scholarship is evident in, for example: the copious reference to other international instruments and to the potential conflicts between them; the examination of individual countries’ implementation of the Arrest Convention for divergence from the Convention itself; and the frequent reference to the history and the traveux of the Convention."James M. Turner, The Journal of International Maritime LawTable of Contents1. History of the 1952 Arrest Convention2. The way to uniformity of maritime law in respect of arrest of ships3. Scope of application4. Definitions of Arrest, Person and Claimant5. The Maritime claims6. Claims in respect of which a ship may be arrested under the Convention7. Jurisdiction for the arrest8. Jurisdiction on the merits and related matters9. Arrest or detention by public authorities10. Procedure relating to the arrest11. Arrest of the ship in respect of which the claim is asserted12. Arrest of "sister" ships13. Arrest of associated ships14. Arrest of ships owned by the charterer in respect of claims of the owner of the chartered ship15. Right of rearrest and multiple arrest16. Release of the ship from arrest17. When the release of a ship under arrest is not permitted18. Liability for wrongful arrest
£522.50
Taylor & Francis Ltd Seapower
Book SynopsisThis is the fourth, revised and updated, edition of Geoffrey Till''s Seapower: A Guide for the Twenty-first Century.The rise of the Chinese and other Asian navies, worsening quarrels over maritime jurisdiction and the United States' maritime pivot towards the Asia-Pacific region reminds us that the sea has always been central to human development as a source of resources, and as a means of transportation, information-exchange and strategic dominion. It has provided the basis for mankind''s prosperity and security, and this is even more true in the early twenty-first century, with the emergence of an increasingly globalised world trading system. Navies have always provided a way of policing, and sometimes exploiting, the system. In contemporary conditions, navies, and other forms of maritime power, are having to adapt, in order to exert the maximum power ashore in the company of others and to expand the range of their interests, activities and responsibilitiTrade ReviewPraise for the 3rd edition:'This new edition of Seapower maintains the standards of its predecessors as the standard work on contemporary maritime strategy. Everyone who wishes to remain up to date in the subject must read it.' -- Eric Grove, University of Salford, UK'Seapower is one of those books I keep within arm's reach. No one who does business in great waters, or makes policy pertaining to the sea, should be without a copy.' -- James Holmes, US Naval War College'...like its previous two incarnations, Geoffrey Till's Seapower ...is quite simply the standard work on the profession of arms at sea.' -- The Naval Review'For both the novice and the seasoned professional returning to the subject of maritime strategy after a lapse of time, Geoffrey Till's Seapower is just the book with which to focus on this subject, understand the broad principles involved, and learn of the challenges ahead.' -- John Hattendorf, Naval War College ReviewReviews of previous editions:'A powerful combination of plain English and an innate ability to break down the component parts of a complex subject into a readily digestible form before leading the reader gently through the ensuing maze.' -- The Naval Review 'A definitive study of the role of seapower, past, present and future.' -- Parliamentary Maritime Review‘A landmark work ... Till's excellent book will dominate maritime reading lists for years to come.’ - Colin S. Gray, RUSI Journal"A tour de force, a milestone work and essential professional reading." - Ship's Telegraph (Ministry of Defence)"In all, Seapower is very probably the best single work on sea power and maritime strategy to have been published for many years." - Journal of the Australian Naval Institute"If you happen to be teaching a course on sea power, it would be the perfect basic text." - USNI Proceedings"A comprehensive look at the political and military significance of the oceans in the new century…has much to offer students and the general public as well." - The Mariner’s Mirror"Seapower: A Guide for the Twenty-First Century is without doubt the best single publication on power in the maritime domain and naval strategy in general. It will remain a standard text book for those teaching naval strategy for many years to come. The book is a must read" - Abel Esterhuyse, Scientia MilitariaTable of ContentsPreface. 1. In Search of Seapower 2. Seapower in a Globalising World: Alternative Futures 3. Who Said What and Why it Matters 4. The Constituents of Seapower 5. Navies and Technology 6. Command of the Sea and Sea Control 7. Securing Sea Control 8. Exploiting Command of the Sea: The Control of Maritime Communications 9. Exploiting Command of the Sea: Operations from the Sea 10. Expeditionary Operations 11. Maintaining Good Order at Sea: Maritime Security at Home and Away, Challenges 12. Maintaining Good Order at Sea: Maritime Security at Home and Away, Responses 13. Naval Diplomacy 14. Generating Maritime Power. Bibliography
£45.59
Taylor & Francis Ltd Cartner on the International Law of the
Book SynopsisThis unique book rethinks and rewrites the previous edition. It categorises simply the nine interactive legal duties of the shipmaster, analysing and relating them to laws and conventions within a single volume.Cartner on the International Law of the Shipmaster contends that command depends on decision-making, and that shipmasters are not provided sufficient, timely, relevant, and pertinent information for command decisions. The book proposes voyage planning follow the spacecraft model of the USA''s National Aeronautics and Space Administration, providing readers with a metric for command. It constructively criticises the conventions and management and is aimed at reducing catastrophes by focusing on the hitherto elusive human factor in the shipmaster. Cartner proposes that command at sea be its own profession and discipline with those called to it specifically trained in its intricacies; he argues that current ships are not designed to be command-worthy or security-Trade ReviewThis book deals with the legal position of the shipmaster, but also with the future of this position. The current legal position of the shipmaster, as well as the impact of a changing world on the concept, coined as ‘new command at sea for the civil commander’ is a fascinating and not overly explored territory. John A. C. Cartner is exceptionally qualified to write about the present and new command at sea. He is a graduate of the U.S. Merchant Marine Academy at Kings Point, New York, U.S.A, and has commanded vessels conducting international trading. Moreover, he has magisterial degrees in finance and international law, while his doctoral training was in quantitative methods of research. He is a member of the District of Columbia Bar Association and of the Law Society of England and Wales. He has published widely about maritime issues.In July 2022 the book from Captain John A.C. Cartner was published. The name of this comprehensive book is: ‘Cartner on the International Law of the Shipmaster; on the New Command at Sea’. This book is the successor of the book ‘The International Law of the Shipmaster’ (2009) by John Cartner (et al).References to the well-known first edition are made in the new book, which comprises a wide-ranging review of maritime conventions, laws, regulations and jurisprudence governing the shipmaster on board his vessel. This book labels the legal duties of the shipmaster in an appropriate way. Although just released, this book will become a classic work in maritime and shipping law, worldwide.The book is a unique source of reference for the shipmaster by providing a legal background for the decisions he has to make. In addition, maritime lawyers, shipowners, ship operators, P&I Clubs, governmental departments and students may use this distinctive volume as a reliable and extensive handbook. In the first two chapters, Cartner uses and explains the term ‘civil commander’ as a substitute for the shipmaster of a vessel. He describes what a civil command is and must become, while he redefines modern civil command at sea and repositions it for the current and rapidly evolving technological times. The civil commander must be brought into the overall trade and transport system as a partial solution to some of the perplexing problems posed around the current maritime trade system. Two chapters of the book are written about the civil commander as a person and function, while eight chapters deal with duties of this function. The person of the shipmaster is described and explained as well. The shipmaster must be fit, self-competent and command-worthy according to Chapter 8 of the book.The book has some unique points of view, regarding the position of the shipmaster. The insights Cartner provides are very useful aids to the decision-making-process for the modern civil commander at sea. Some of these unique points are described here as an illustration.Cartner states that the civil commander at sea is a specific profession and discipline. He argues that current ships are not designed to be command-worthy or security-worthy and that management ashore should reorder its relationships with shipmasters as tactical managers afloat. Another interesting issue is that Cartner argues that command depends on decision-making, and that nowadays the shipmaster is not always provided with sufficient, timely, relevant, and pertinent information for his command decisions. The book comprises criminalisation of the shipmaster, but also maritime security such as piracy, refugees, stowaways and maritime law enforcement by navies and coastguards.The book proposes to use special developed computer models of precise voyage preplanning and control, with a plan developed by the management ashore supporting the shipmaster at sea for an exact record of every command decision planned and executed for the voyage.One may say that the position of the shipmaster, crossing so many overlapping jurisdictions with different precedence’s, maritime zones and national maritime legislations is one of the most complicated functions from a legal point of view. The book is a great help to analyse the varying legal positions of the shipmaster.The last chapter of the book considers the nearby future of the shipmaster, based upon technological changes. With the current technology the buzzwords are no longer command–communications–computing and cost but command–communications–computing–cost and cover; cover is defence of the vessel. Vessels can be designed with artificial intelligence features, while augmented intelligence may assist commanders in taking decisions. Thus, the civil commander, the command-worthy vessel, complete information and central mission planning and control can eliminate catastrophes and reduce the frequency of disastrous incidents, according to Cartner.This book is an invaluable reference for shipmasters, maritime lawyers, and students of maritime law. The book describes the most relevant international maritime agreements and as most of the national maritime legislations of coastal and flag states originates from these agreements, the book can be used globally. Possessing this book may give some peace of mind knowing that almost all legal knowledge about the shipmaster has been made accessible by this book. Therefore, this complete, influential and trustworthy book can be recommended to all interested in the maritime realm, worldwide. A new classic maritime book has been born.Peter van der KruitThe NetherlandsTable of ContentsPrologue : The Civil Commander, Chapter 1 : THE DUTY OF SELF :Toward the Compleat Civil Commander at Sea, Chapter 2: THE DUTY TO PUBLIC AUTHORITY: The Regulatory Regime of Command at Sea, Chapter 3: THE DUTY TO PRIVATE AUTHORITY: The Private Tactical Mission in Command at Sea, Chapter 4: THE DUTY TO THE VESSEL: The Command-worthy Vessel and Commander at Sea, Chapter 5: THE DUTY TO CARGO: The Duty Safely to Carry and Contain, CHAPTER 6: DUTY TO LIFE, Chapter 7: DUTY TO THE VOYAGE: The Voyage is the Mission, Chapter 8: DUTY TO THE ENVIROMENTS: Air and Ocean, Inside and Out, Ch. 9: EPILOGUE: The Duty to Information and the Steps to Change
£380.00
Taylor & Francis Ltd Ship Building Sale and Finance
Book SynopsisWritten by a team of acclaimed practitioners and leading academics, this book brings together in one single volume an analysis of contemporary legal issues concerning ship building, sale and finance contracts. It offers a comprehensive, expert and thoroughly practical guide on what is a very complex area of law in today''s international shipping industry. The book presents a detailed and critical analysis of standard and non-standard shipbuilding and sale contracts, including vital but often overlooked issues such as payment and refund guarantees, which have been at the forefront of recent litigation and practice. It also critically and thoroughly analyses several types of standard insurance contracts, including shipbuilder''s risks and mortgagee''s interests, which are not adequately dealt with elsewhere and it provides a critical and contemporary discussion on the legal and practical issues surrounding ship finance, ship mortgages and more esoteric issues such as the use ofTrade Review'The editors are to be congratulated in bringing together this collection of stimulating contributions.The book will be of great value to academics, law students, researchers, legal practitioners, shipbrokers and bankers.'Richard Coles, Journal of International Maritime Law Table of ContentsPart I: Legal issues relating to ship building 1. Contracting by Numbers: The Different Characteristics of the Main Shipbuilding Contracts Professor Andrew Tettenborn 2. The BIMCO Newbuildcon Standard Form Shipbuilding Contract: Salient Features and Pitfalls Chris Kidd 3. Remedies for Breach of Shipbuilding Contracts- Is English Law 'Fit for Purpose'? Simon Curtis 4. The Application of the 'Prevention Principle' in the Ship Building Context Simon Kverndal QC 5. Drafting and Interpreting Payment and Refund Guarantees in the Shipbuilding Context John Forrester 6. The Evolving Nature of Builders' Risks Cover Professor Baris Soyer Part II: Ship sale contracts and practice 7.Battle of the Sale Forms Matt Hannaford 8. 'As Is'...As You Were?The Union Power and 'As Is' Provisions in Ship Sale and Purchase Contracts 9. The Practicalities of Ship Sales in the Current Market William Maclachlan Part III: Legal and practical issues relation to ship finance10. Ship Mortgages: Enforcement and Remedies Charles Buss 11. Mortgagees' Interest Insurance Peter Macdonald Eggers QC 12. Lease Finance and Demise Charters-Lessors’ Risks and Liabilities Professor Simon Baughen 13.Financing Newbuilding Vessels and Barecon 2001: A Fair Deal? Dr Theodora Nikaki 14. Shipping Finance and Sanctions 15. Using Derivatives to Finance Ship Sales and Shipbuilding: A Civil Law Perspective Professor Dr Olivier Cachard
£356.25
Taylor & Francis Ltd Admiralty Jurisdiction and Practice
Book SynopsisAdmiralty Jurisdiction and Practice is the definitive work on litigation in the Admiralty Court. It provides unrivalled commentary and analysis of the key principles of admiralty law, from jurisdiction and procedure to forms and precedents, and is firmly established as the leading reference guide for today's maritime practitioner. The authors also deal with several topics not covered elsewhere, including the impact of insolvency, the interplay between jurisdiction and practice, limitation periods, the role of international conventions, and collision action rules.The fifth edition has been fully updated to include new case law and vital changes in Commercial Court practice and procedure. It also includes brand new material on the topical jurisdictions of Hong Kong and South Africa, including a comparison to English law and expert commentary on important issues such as ship arrest.This book is a first choice for all those concerned with admiralty law.Table of Contents1. Introduction 2. Admiralty Jurisdiction 3. Exercise of Jurisdiction 4. Procedure in an Admiralty Claim in Rem 5. Limitation of Actions 6. Priorities 7. Collision Claims 8. Limitation Claims 9. References to the Admiralty Registrar 10. Ship Mortgages
£451.25
Pearson Education Limited Carriage of Goods by Sea
Book SynopsisJohn F Wilson is a member of the Institute of Maritime Law at the University of Southampton and is Emeritus Professor of Law at the University. He has lectured widely on maritime law in the UK, the USA, Australia, New Zealand and Singapore. Table of ContentsPart One: General introduction 1. Introduction 2. Implied obligations in a contract of affreightment Part Two: Charterparties 3. The voyage charterparty 4. The time charterparty Part Three 5. Bills of lading and their functions 6. Application of the Hague/Visby Rules 7. Bills of lading - the Hamburg Rules 8. Bills of lading - the Rotterdam Rules 9. Bills of lading issued under charterparties 10. Problems of combined transport Part Four: Common aspects of contracts of affreightment 11. Exceptions 12. Limitation of liability 13. Freight 14. Shipowners' liens Part Five: Dispute settlement 15. Dispute settlement 16. Breach of contract Appendix 1: Bills of Lading Act 1855 Appendix 2: International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, 1924 (The Hague Rules) Appendix 3: Carriage of Goods by Sea Act 1971 Appendix 4: Carriage of Goods by Sea Act 1992 Appendix 5: United Nations Convention on the Carriage of Goods by Sea, 1978 (The Hamburg Rules) Appendix 6: United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, 2009 (The Rotterdam Rules) Appendix 7: CMI Uniform Rules for Sea Waybills Appendix 8: CMI Rules for Electronic Bills of Lading Appendix 9: Barecon 2001 Charter Appendix 10: Gencon 94 Charter Appendix 11: Shellvoy 6 Charter Appendix 12: Baltime 1939 Charter (as revised 2001) Appendix 13: New York Produce Exchange (NYPE 46) Charter Appendix 14: New York Produce Exchange (NYPE 93) Charter Appendix 15: Shelltime 4 Charter (as amended 2003) Appendix 16: Conlinebill 1978 Appendix 17: Congenbill 2000 Appendix 18: Congenbill Appendix 19: Maersk Line bill Appendix 20: GCBS Short Form Bill Appendix 21: Combiconbill Appendix 22: Maersk Line Waybill
£66.29
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
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
£27.90
Bloomsbury Publishing PLC The Arrest Conventions: International Enforcement of Maritime Claims
Book SynopsisThe Arrest Conventions, signed in 1952 and 1999, play a fundamental role in the worldwide enforcement of maritime claims. Arrest of ships is one of the most distinctive features of international maritime law. It provides a powerful, efficient and effective means of enforcing maritime claims in rem, obtaining sufficient asset security and preserving property pending substantive proceedings. Ship arrest is, however, also a draconian power that cuts across property rights and can cause considerable commercial harm to shipowning interests. This book provides thematic and comparative analysis from leading international commentators on the most significant legal and policy issues, including practical problems arising from the Arrest Convention texts, as well as the direct implementation or indirect ‘translation’ of the Arrest Conventions into domestic legal systems. It critically analyses the political and historical development of the Conventions, explores the key concepts underpinning the Arrest Convention frameworks and considers the future of ship arrest.Trade Review[T]his book is a welcome and valuable addition to the few texts which must always be consulted when an issue relating to ship arrest falls to be argued and resolved ... From my perspective as judge of Admiralty matters, I am sure that as and when issues concerning the right to arrest arise for decision, this book will not only be an essential reference point but will also be a source of valuable ideas as to the desired direction of travel. -- Mr Justice Teare * Journal of International Maritime Law *There is something here for everybody; moreover, the arguments advanced are overwhelmingly of a uniformly high standard, carefully constructed and well-expressed ... In short, this is an extremely worthwhile book. It is thoroughly recommended to any shipping lawyer, especially a parochial English one, who wishes to broaden their knowledge while sharing a highly enjoyable read, and to any comparative lawyer wishing to expand their knowledge of an otherwise esoteric branch of the law. Buy it while you can. Then tell your library to do likewise. -- Andrew Tettenborn, Swansea University * Cambridge Law Journal *Table of Contents1. Ship Arrest – Issues of Availability, Fairness and Proportionality Rhidian Thomas 2. Arrest of Associated Ships Graham Bradfield 3. Arrest as Security and Security Arrest Anton P Trichardt 4. Declining Jurisdiction Following Arrest Steven Rares 5. Rearrests and Multiple Arrests of Ships Kate Lewins 6. Wrongful Arrest of Ships Toh Kian Sing and Nathanael Lin 7. Conflict of Laws and the Arrest Conventions Paul Myburgh 8. Arrest, Detention and Seizure of Ships: Availability for Environmental Claims Michael Tsimplis 9. Arrest and Cross-Border Insolvency: The Singapore Experience Belinda Ang 10. National Translations of the Arrest Conventions: European Civil Law Jurisdictions Henning Jessen and George Theocharidis 11. National Translations of the Arrest Conventions: China Yingying Zou 12. National Translations of the Arrest Conventions: Anglo-Common Law Jurisdictions Bevan Marten 13. The Future of Ship Arrest Martin Davies
£123.50
Bloomsbury Publishing PLC Maritime Organisation, Management and Liability:
Book SynopsisThis book identifies and examines the legal challenges facing the shipping industry and ship management today. It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods. The book will be a useful resource for academics and practising lawyers working in shipping and maritime law.Table of ContentsIntroduction: Maritime Management, Organisation and Liability Stephen Girvin National University of Singapore, and Vibe Ulfbeck, University of Copenhagen, Denmark MANAGEMENT AND ORGANISATION OF SHIPPING ENTERPRISES: PUBLIC AND PRIVATE LAW FRAMEWORK 1. Nationality Requirements – Flag State Rules from an International Law Perspective Yoshifumi Tanaka, University of Copenhagen, Denmark 2. Nationality Requirements – Implications for Shipping Enterprises Stephen Girvin, National University of Singapore 3. Private International Law Strategies in Ship Management and Crewing Arrangements Paul Myburgh, National University of Singapore SUSTAINABILITY PERSPECTIVES ON MANAGEMENT AND ORGANISATION IN SHIPPING 4. Maritime Value Chains and Liability for Work Injuries Vibe Ulfbeck, University of Copenhagen, Denmark 5. Sustainable Shipping: The New Governance Approach to Ship Recycling Carola Glinski, University of Copenhagen, Denmark CHALLENGES IN SHIPPING MANAGEMENT AND ORGANISATION STEMMING FROM THE FINANCIAL MARKET 6. Ship Arrest and the Hanjin Bankruptcy: Lessons for Ship Management Jingchen Xu, National University of Singapore 7. Ship Arrest and Insolvency Proceedings: A European Perspective Ulrik Rammeskow Bang-Pedersen, University of Copenhagen, Denmark MANAGEMENT AND ORGANISATION IN A DIGITALISED MARITIME SECTOR 8. Surrender, Release, and Digital PIN Codes Michiel Spanjaart, National University of Singapore 9. Electronic Bills of Lading, Blockchain, and Distributed Ledger Technology (DLT) Stephen Girvin, National University of Singapore, and Elson Ong, National University of Singapore 10. Webportals and Data Sharing by Ocean Carriers Víctor Chacón, National University of Singapore MANAGEMENT AND ORGANISATION: AUTONOMOUS SHIPPING 11. Autonomous Ships and Hull and Machinery Marine Insurance Luci Carey, National University of Singapore 12. On the Carriage of Goods on Autonomous, Remotely Controlled, Crewed and Uncrewed Ships Mikis Tsimplis, City University, Hong Kong
£47.49
Bristol University Press Ports, Crime and Security: Governing and Policing
Book SynopsisThe COVID-19 pandemic, Brexit and the US-China trade dispute have heightened interest in the geopolitics and security of modern ports. Ports are where contemporary societal dilemmas converge: the (de)regulation of international flows; the (in)visible impact of globalization; the perennial tension between trade and security; and the thin line between legitimate, illicit and illegal. Applying a multidisciplinary lens to the political economy of port security, this book presents a unique outlook on the social, economic and political factors that shape organized crime and governance. Advancing the research agenda, this text bridges the divide between global and local, and theory and practice.Table of ContentsIntroduction 1 Ports: Economy, Institutions and Society 2 Policing Complex Criminality in and Through Major Seaports 3 Governance of Security in Ports 4 The Future of Port Security Conclusion
£43.19
Nova Science Publishers Inc Coast Guard Programs: Implementation,
Book SynopsisChapter 1 examines the implementation of certain Coast Guard programs, including those involving performance monitoring, the Services Capital Investment Plan, and commercial fishing vessel safety. Chapter 2 discusses Coast Guard and maritime transportation programs. Chapter 3 reviews the fiscal year 2019 budget request for the Coast Guard and maritime transportation programs.
£163.19
Nova Science Publishers Inc Regulatory and Legislative Issues for the
Book SynopsisThe purpose of the legislation discussed in chapter 1 is to do the following: support national defense and the United States Merchant Marine by authorizing the Maritime Administration (MARAD) for fiscal year (FY) 2019, including the National Security Multi-Mission Vessel Program; implement Department of Transportation (DOT) Office of Inspector General (OIG) recommendations to improve protections and incident reporting related to sexual assault and harassment; improve merchant mariner training for cadets by providing additional opportunities for on-the-job experience via the Sea Year program and by supporting State Maritime Academy training vessels; and create new opportunities for domestic ship recycling by streamlining the import process. Chapter 2 discusses the National Marine Sanctuary Act, which grants the Secretary of Commerce the authority to designate areas of additional restriction and management over areas in Americas oceans and Great Lakes and their unique conservation, cultural, or historic significance. Federal agencies respond to abandoned and derelict vessels (ADV) in accordance with federal law, interagency agreements, and funding availability. Chapter 3 reviews actions federal and state agencies have taken to address ADVs in U.S. waterways. This chapter examines (1) key factors that guide how federal agencies respond to ADVs; (2) the extent federal agencies track ADVs and their expenditures for responding to them; and (3) actions states have taken to address ADVs and the factors they cite as affecting their efforts. On January 1, 2020, new, more stringent maritime emission regulations are scheduled to take effect for all ocean-going vessels as reported in chapter 4.
£163.19
Nova Science Publishers Inc The Global Law of the Sea: Baselines and Boundary
Book SynopsisSome years ago, while a Senior Lecturer-in-Law at BPP University, one of my Master of Laws' students asked if he could write a dissertation in Maritime Law. He wanted to do a survey of the rules of both Admiralty Law and the Law of the Sea. The department contained no specialist in either of these fields, and I taught neither. As he could not be dissuaded from this plan, I had to undertake a rapid, informal, self-directed learning programme in the subjects in order to gain sufficient professional skill to be able to supervise, and, later, assess the dissertation. His project was surprisingly good -- and I had my first contact with rules concerning territorial seas, contiguous zones, exclusive economic zones, continental shelves and high seas. My interest in these topics grew and, eventually, flourished in the project of this monograph. The book covers the laws in the United Nations Convention on the Law of the Sea 1982 that concern baselines and boundary delimitation, together with cases which relate to these topics. There is also a major input to the monograph from procedural matters pertaining to the International Court of Justice, the International Tribunal for the Law of the Sea and arbitration under Annex VII to the Convention, with an example case provided for each of these mechanisms. As States Parties to the Convention may make a Declaration under its Article 287 for the settlement of their disputes by one or more of these methods -- together with special arbitration under Annex VIII to the Convention for four issues specified therein -- this Article, together with the methods and the remainder of Part XV of the Convention, are core material for a systematic review of the Law of the Sea. In instances in which it is possible, comparisons are made between: (i) the United Nations Convention on the Law of the Sea and its predecessors, i.e., the Geneva Conventions from 1958, and (ii) the rules of the International Court of Justice and those of the International Tribunal for the Law of the Sea. In essence, the Convention builds upon its precursory instruments, which tend to be simpler than the former, and the procedural rules for the International Tribunal for the Law of the Sea are similar or identical to those of the International Court of Justice, other than a few provisions that are new or materially modified from the terms of the Court, but with the necessary changes from the latter being made. The cases at this level are fewer than in black-letter subjects of the law, but tend to be complex and, for the legal scholar, very interesting. This is especially true of the South China Sea Arbitration, which was a judgment of pioneering brilliance from an Annex VII arbitral tribunal composed of one academic and four experienced judges, to which a substantial literature has-in the short period since this case's resolution -- been devoted. The very best of luck with your reading!Table of ContentsList of Tables; Preface; List of Abbreviations; An Introduction to the United Nations Convention on the Law of the Sea; An Introduction to the Cases of the International Court of Justice, the International Tribunal for the Law of the Sea, and International Arbitrations; Baselines and Boundary Delimitation; Bibliography; About the Author; Index.
£163.19
Lawbook Exchange, Ltd. The Rhodian Sea-Law: Edited from the Manuscripts
£44.70
![The Law of War and Neutrality at Sea [1957]](//bookcurl.com/cdn/shop/files/9781584775829.jpg?v=1758725507&width=645)
Lawbook Exchange, Ltd. The Law of War and Neutrality at Sea [1957]
£45.55
£56.00
Beard Books Admiralty and Maritime Law Abridged Edition
£82.65
Taylor & Francis Inc Dictionary of Shipping Terms
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
£123.50
Nova Science Publishers Inc Selected Issues in Maritime Law & Policy: Liber
Book Synopsis
£159.74
Naval Institute Press Farwell's Rules of the Nautical Road
Book SynopsisProfessional mariners, military and civilian, from cadets to captains, will find this book's thorough commentary on the rules of the road and its analysis of numerous collision cases in which the courts construed and applied those rules an invaluable reference. Farwells' Rules of the Nautical Road continues to provide maritime attorneys professional insight into how the rules apply in context and offers rigorous analysis of their application by courts and administrative tribunals For nearly eighty years, this book has been viewed as the indispensable collision law reference work.This new edition of Captain Farwell's venerable reference on the nautical rules of the road preserves the carefully crafted wisdom on the first edition, published in 1941 while providing up-to-date information to help the modern mariner understand how those rules are being interpreted and applied today.The ninth edition includes: Updated coverage of the rules by incorporating previous amendments to the 1972 COLREGS and the U.S. Inland Rules.Describes the International Maritime Organization's ongoing regulatory scoping project examining issues raised by the introduction of Maritime Autonomous Surface Ships (MASS), while noting the as-yet unanswered COLREGs compliance challenges such vessels will faceIntegrates the watchstander qualifications and requirements imposed by the STCW Convention and Code, the SOLAS Convention and by U.S. Navy and U.S. Coast Guard directives.Incorporates equipment and watchkeeping requirements from the U.S. Navigation Safety Standards Updates collision cases from the US, UK, and Canadian courts, and adds relevant interpretations and decisions from Coast Guard Law Bulletins and Coast Guard Decisions.Analyzes several well-publicized collisions that occurred since publication of the eighth editionUpdates coverage of the narrow channel rule, taking particular note of the difficulties in determining where the rule applies.Updates the materials on the look-out and risk of collision responsibilities to address integrated bridge systems, automatic identification systems, voyage data recorders, and the increasingly "active" role of VTS.Trade ReviewI was very pleased to see this cornerstone reference updated to reflect the 2017 collisions involving USS John S. McCain and USS Fitzgerald among the many examples and illustrations. The authors do a great job providing context, history, and using real life experiences to drive home the mandate that professional mariners know these rules cold. They can literally mean the difference between life and death at sea."—Capt. John P. Cordle, USN (Ret.), Former Commanding Officer of USS Oscar Austin (DDG 79) and USS San Jacinto (CG-56) and Navy League John Paul Jones Award Winner"In this new edition of Farwell's Rules of the Nautical Road, Professor Allen and Commander Allen have once again preserved and updated the definitive analysis of the collision regulations. It continues to be the essential reference for maritime attorneys litigating collision cases."—Alan M. Weigel, maritime attorney, Blank Rome LLP
£56.00
Naval Institute Press Naval Law: Justice and Procedure in the Sea
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.
£67.50
Naval Institute Press International Law for Seagoing Officers
Book SynopsisThe seventh edition of this Blue and Gold Series book brings clarity and context to international law for the seagoing professional. This book is the only work that addresses the international law of the sea from the perspective of the United States. For those who operate on, under and over the sea, international law can sometimes be as complex as it is important. Written by the same former seagoing officer and maritime law professional who authored the current edition of Farwell's Rules of the Nautical Road, this book was designed to bring clarity and context to international law for the seagoing professional. Following an introduction to public international law and a short history of the law of the sea, the book describes the rules that apply in ports and in the adjacent maritime zones, including the territorial sea, exclusive economic zone, archipelagic waters, and the high seas. A highlight of the book are the chapters that focus on subjects of greatest interest to the seagoing professional, including military and intelligence activities in the maritime domain, maritime law enforcement activities and the use of force at sea. The appendices include the text of the 1982 UN Convention on the Law of the Sea and the U.S. Senate's "understandings" of key provisions of the convention. Whether an academy cadet, a midshipman, a seasoned commanding officer, or master mariner, readers of this thorough and timely book will be rewarded with a far greater understanding of the international laws that govern ships and mariners at sea. New in this edition: - Over a dozen new cases by courts and arbitration panels interpreting UNCLOS, including the South China Sea dispute between the Philippines and China. - Coverage of Commercial Seafarer protections under Maritime Labor Convention. - Global Responses to the Mediterranean Migrant Crisis. - Coverage of the law protecting our vital submarine cables. - Expanded coverage of unmanned and autonomous vessels and aircraft. - Coverage on vessel health safety and quarantine measures applicable in the COVID-19 Pandemic. - A new chapter surveying issues the U.S. Senate should consider in any decision regarding ratification of UNCLOS. - A new appendix setting out the U.S. Navy and Coast Guard policies on sovereign immunity of government vessels and aircraft.
£111.75
West Academic Publishing Maritime Law
Book SynopsisThe fourth edition of this law school casebook, like the first three, focuses on modern admiralty practice. The selected cases and materials discuss current issues faced by a maritime lawyer, in addition to the historical bases and evolution of those issues. This fourth edition includes new and significant cases, including maritime contracts, seaman status, and punitive damages.
£264.60
Bloomsbury Publishing PLC Chalmers' Marine Insurance Act 1906
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
£204.25
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
£103.55
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
£124.45
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
£109.25
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
£105.00
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
£192.85
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
£415.15
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
£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
£21.80
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
Taylor & Francis Ltd Pollution at Sea: Law and Liability
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
£356.25
Taylor & Francis Ltd Marine Insurance Clauses
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
£403.75
Taylor & Francis Ltd Modern Law of Marine Insurance Volume 2
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
£427.50
Taylor & Francis Ltd Limitation of Liability for Maritime Claims
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.
£498.75
Taylor & Francis Ltd Port State Control
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
£427.50
Taylor & Francis Ltd Commencement of Laytime
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
£356.25
Taylor & Francis Ltd Marine Insurance: The Law in Transition
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?
£356.25
Taylor & Francis Ltd Legal Issues Relating to Time Charterparties
Book SynopsisLegal Issues Relating to Time Charterparties addresses all the major questions and issues that arise in connection with time charterparties, examining them in a logical manner, progressively tracing the subject from the creation to the termination of the contract. All the salient legal aspects of time charterparties are examined, with the law analysed in its commercial context, particularly in relation to the various ways in which time charterparties may be used in shipping and international trade.Table of ContentsChapter 1. Standard Forms- The BIMCO Experience Chapter 2. Construing Terms in Time Charterparties- Beginning of a New Era or Business as Usual Chapter 3. Ascertaining the Charter Period Chapter 4. Safe Port Clauses Chapter 5. Seaworthiness and the Hong Kong Fir Decision Chapter 6. Indemnities in Time Charters Chapter 7. Time Charterparty Hire: Issues Relating to Contractual Remedies for Default and Off-Hire Clauses Chapter 8. Assignees of Hire: How Far Can They Ignore Charterer's Claims Against Owners Chapter 9. Time Charterparties and Bills of Lading Chapter 10. Clauses Paramount in Time Charters Chapter 11. War, Terror, Piracy and Frustration in a Time Charter Context Chapter 12. Termination of Rights under Time Charters Chapter 13. The Allocation of Cargo Claims Between Owners and Charterers in Nype Charterparties Chapter 14. Containerisation, Slot Charters, and the Law Chapter 15. Damages for Breach of Time Charter: Some Recent Developments Chapter 16. The Effectiveness of Liens as a Self-Help Remedy
£332.50
Taylor & Francis Ltd Reforming Marine and Commercial Insurance Law
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
£285.00
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
£356.25
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