International law, transport and commerce: maritime law Books

Book SynopsisPia Rebelo is lecturer at The City Law School, London, UK.

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Book SynopsisThis work will be a useful guide for those who look for rules and practice on the relations between neighboring States in the absence of maritime boundaries. This book attempts to clarify the legal issues of exploitation of oil, gas and fisheries resources, and jurisdictional conflicts with regard to marine scientific research and protection of the marine environment in disputed areas.Table of ContentsAcknowledgements, Abbreviations, Table of Maps, Table of Cases, Introduction, Chapter 1: What Makes Maritime Delimitation Difficult?, Chapter 2: Which Law Governs in the Absence of Maritime Boundaries?, Chapter 3: Practice on Provisional Arrangements in Disputed Areas, Chapter 4: Troubled Waters in North East Asia, Chapter 5: Lessons from the Fragile Provisional Regime in North East Asia, Conclusion, Appendix, Selected Bibliography.

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Book SynopsisThe economic health of the global economy is directly tied to international energy policies, and none are more important than those of Russia, which is now the world’s largest petroleum export nation. At the same time, oil and gas are finite resources and new sources of supply must be found. It is certain that the Arctic will be one of the areas of greatest interest. Wherever the energy resource originates, the law of the sea regime will be critical in the movement from source to market.Table of ContentsPreface, Note by the Editors, Introduction and Welcoming Remarks, John Norton Moore, Director, Center for Oceans Law and Policy, H.E. Anatoliy L. Kolodkin Judge, International Tribunal of the Law of the Sea, Keynote Addresses, Current and Emerging Issues in the Law of the Sea, H.E. Satya N. Nandan, Keynote Address, V. Peresupkin, Panel I: Global Perspectives, John Norton Moore, Moderator, Russian Maritime Policy and Energy Resources, Payel Dzubenko, Current Oceans Policy: United States Perspectives, Margaret F. Hayes (presented by Myron H. Nordquist), The Law of the Sea Convention: A View from the U.S. Senate, Michael J. Mattler, Panel II: International Law and Regional Energy Issues, H.E. Anatoliy L. Kolodkin, Moderator, China’s Energy Policies and the Law of the Sea, Kuen-chen Fu, Problems of International Law Legislation for Exploration, and Transportation of Energy Resources by the Sea in Light of Terrorist Activity, Boris A. Smuslov, Transportation of Energy Resources and the Turkish Policy in the Black Sea Straits, Vladimir S. Kotliar, Legal Aspects of Russian Perspectives on Continental Shelf Issues in the Arctic Areas, Alexander S. Skaridov and Mariya A. Skaridova, Panel III: Scientific Aspects of Energy Exploration and Exploitation at Sea, Barbara Moore, Moderator, The Concept of the International Transfer of Good Practice as an Environmental Policy Component in Major Offshore Oil and Gas Developments: A Perspective from Environmental Science, William Ritchie, Challenges of Collecting Law of the Sea Data in the Arctic, Larry Mayer, Martin Jakobsson and John Hall, Panel IV: Legal, Environmental and Technical Aspects of Energy Transportation, Nilüfer Oral, Moderator, The Turkish Straits, Oil Transportation and Turkish Policy, Nilüfer Oral, Cooperation Between Vessel Traffic Services (VTSs) in the Black Sea, Robert Hofstee and Ozkan Poyraz, Oil Spill Contingency Planning and Technical Cooperation of the Black Sea Region, John Østergaard, Industry Approach to Energy Transportation and Protection of the Marine Environment, Kjell Landin, Panel V: Legal Aspects of Energy Development and Distribution, Myron H. Nordquist, Moderator, Energy Development and Distribution – What Can the Law Do?, Paul B. Stephan, A Conflict of Interest for Russia: Offshore Oil vs. the Problems of Environmental Regulation, Richard N. Dean and Michael P. Barry, Legal Status of Caspian Sea Exploration and Production Issues, Armen V. Safaryan, Energy Policy and International Royalty: A Dormant Servitude Relevant for Arctic Offshore Development, Aldo Chircop, Panel VI: New Challenges in the Arctic Region, Sverrir Haukur Gunnlaugsson, Moderator, Consequences of Rapid Arctic Climate Changes, Alexander Klepikov, Alexander Danilov and Victor Dmitriev, Arctic Biodiversity: Challenges and Opportunities for Monitoring, Aevar Petersen, Monitoring Environmental Change in the Arctic with an Emphasis on Russia, Lars Otto Reiersen, Panel VII: Legal and Scientific Aspects of the North Sea Passage, Alexander S. Skaridov, Moderator, Climate Change and the Northern Sea Route: An Icelandic Perspective, Thor Edward Jakobsson, New Illusions of a Northwest Passage, Franklyn Griffiths, Coming to the Arctic: Oil, Ships and UNCLOS Plus Risk and Research, George B. Newton, Concluding Remarks, John Norton Moore.

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Book SynopsisThe recent surge in piracy attacks off the coast of Somalia has triggered an international response which is unprecedented in terms of the number of actors involved. The International Response to Somali Piracy presents a comprehensive treatment of the international response to Somali piracy, exploring current initiatives to counter the piracy threat, both operationally and legally. Moreover, the book analyzes the regional and broader international context within which these initiatives are taken, and identifies the challenges and opportunities for international cooperation on fighting piracy at sea. This volume brings together experts from a great variety of different backgrounds and disciplines.Table of Contents1. Introduction: The International Response to Somali Piracy, Bibi van Ginkel and Frans-Paul van der Putten 2. More than Just Pirates: Closing the Space for Somali Pirates through a Comprehensive Approach, Roger Middleton 3. The Failed State and Regional Dimensions of Somali Piracy, J. Peter Pham 4. Operational Challenges to Counterpiracy Operations off the Coast of Somalia, Kees Homan and Susanne Kamerling 5. Coping with Piracy: The European Union and the Shipping Industry, Per Gullestrup and May-Britt U. Stumbaum 6. The Legal Challenges in Fighting Piracy, Douglas Guilfoyle 7. The Interplay between Counterpiracy and Indian Ocean Geopolitics, James R. Holmes 8. Conclusion: Challenges and Opportunities, Bibi van Ginkel and Frans-Paul van der Putten List of abbreviations Index

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Book SynopsisThe law and policy for the Arctic are increasingly of international interest, largely due to the melting of the Arctic ice cap. Challenges of the Changing Arctic: Continental Shelf, Navigation, and Fisheries includes contributions from global specialists dealing with the geomorphologic context, maritime delimitation and specialized topics raised by promising oil and gas prospects, particularly in the extensive continental shelf presented by Russia to the Commission on the Limits of the Continental Shelf. Arctic shipping has entered a novel, untested phase with keen interest in the opening of ice free shipping lanes and proposed regulatory regimes. Fish in the North Atlantic are moving north disrupting historic fishing patterns as well as traditional fish stocks. Agreements on the allocation of shared fish stocks pose significant management challenges. Both littoral and non-littoral user nations are concerned with maritime security as well as search and rescue preparations given the anticipated increased use of the Arctic Ocean. These and many other of the most pressing issues are addressed in this important volume, making it a must-read for all those interested in environmental law and the law of the sea.Table of ContentsSetting the Context 1. Notes on Challenges of the Changing Arctic: Continental Shelf, Navigation, and Fisheries Liv Holmefjord 2. The Arctic and the Present Geopolitical Situation Hans Corell Part I Arctic Continental Shelf 3. The Arctic Continental Shelf and Its Evolving Morphologic Context Larry Mayer 4. The Law and Politics of the Lomonosov Ridge Michael Byers 5. The Delimitation of the Continental Shelf Beyond 200 Nautical Miles in the Arctic Ocean: Recent Developments, Applicable Law and Possible Outcomes Alex G. Oude Elferink 6. Probabilistic Risk Assessment: Concepts and Applications Dennis Bley Part II Arctic Continental Shelf Petroleum 7. Russia’s Energy Policy in the Arctic Region and China’s Opportunities Kuen-chen Fu 8. A Sustainable Approach to the Arctic Erik Haaland 9. Environmental Aspects of Hydrocarbon Exploration in the Arctic Stephen A. Macko Part III Arctic Shipping 10. Arctic Shipping - Still Icy Knut Einar Skodvin 11. Necessary Conditions for the Commercialization of Arctic Shipping Sung Woo LEE 12. Arctic Navigation: Recent Developments J. Ashley Roach 13. Comparison of Arctic Navigation Administration between Russia and Canada Leilei ZOU Part IV Other Arctic Related Topics 14. Finding Refuge in the Exceptional: Using Public Morality as a Basis for Managing Natural Resources in the Arctic Elizabeth Whitsitt 15. The Changing Arctic and an Adaptive Approach to the Protection of Arctic Marine Ecosystems Guifang (Julia) XUE and Yu LONG 16. Arctic Governance: Reflections on the Evolving Tableau of EU Law and Policy Measures Ronán Long 17. A Note on Arctic Ocean Regional Governance Ted L. McDorman Part V Changing Fisheries: Northeast Atlantic and Arctic Ocean 18. Changes in Distribution and Migration of Fish Stocks in the Northeast Atlantic Ocean Due to Climate Variations Jóhann Sigurjónsson 19. International Regulation of Central Arctic Ocean Fisheries Erik J. Molenaar 20. Assertion of Entitlement to Shared Fish Stocks Bjørn Kunoy Part VI Regional Fisheries Management: Agreements on Allocation of Shared Fish Stocks 21. Freedom of Fishing on the High Seas, and the Relevance of Regional Fisheries Management Organisations (RFMOs) Stefán Ásmundsson 22. Allocation of Fishing Rights: Principles and Alternative Procedures Tore Henriksen 23. Managing Shared Migratory Stocks: the Case of the Atlantic Mackerel Rögnvaldur Hannesson Part VI I Related Law of the Sea Issues 24. UNCLOS Dispute Settlement Regime and Arctic Legal Issues Robert Beckman 25. Russian Maritime Security Law along the Northern Sea Route: Giving Shape to Article 234 in the Law of the Sea Convention James Kraska 26. Comments on the Three-stage Approach of Maritime Delimitation Chuanxiang SUN

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Book SynopsisIn 2000, the case brought by Australia and New Zealand against Japan's unilateral experimental fishing programme for southern bluefin tuna controversially failed to reach the merits for lack of the arbitral tribunal’s jurisdiction. It was widely supposed that it would ultimately have failed anyway because of international courts’ reluctance to consider scientific matters, the dispute's underlying cause being the parties' scientific disagreements regarding both the tuna stock itself and the nature and risks of the experiment. In 2014, however, the ICJ decided in Australia's favour the case against Japan's scientific whaling, based on flaws in the design of that experiment. Reviewing the tuna experiment's evolving design, the propositions it was to (dis)prove and the use Japan intended for that proof, Andrew Serdy suggests that similar factors were at play in both disputes and that a similar outcome of the tuna case, though not inevitable, would have been amply justified.Trade Review"Serdy’s monograph re-examines the merits of the Southern Bluefin Tuna case (Australia and New Zealand v. Japan), in which an arbitral tribunal constituted under Annex VII of the 1982 United Nations Convention on the Law of the Sea (the LOSC) declined to proceed to the merits on the basis that it lacked jurisdiction. [..] The monograph draws the reader’s attention to the new perspectives that the Whaling case provides concerning the judicial review of allegedly scientific programmes targeting marine living resources." - Valentin Johannes Schatz, Research Associate, Chair of Public International Law, University of TrierTable of ContentsThe Other Australia/Japan Dispute on Living Marine Resources: Inferences on the Merits of the Southern Bluefin Tuna Arbitration in Light of the Decision in the Whaling Case Andrew Serdy Faculty of Business, Law and Art University of Southampton 1 Introduction 2 The Whaling case judgment 3 Southern bluefin tuna: the fish 4 Historical overview of the Japanese SBT fishery 5 First interactions 6 The state of the stock 7 The first quotas and their subsequent reduction 8 Gestation of the dispute – interpretation of CPUE 9 Impasse in the CCSBT 10 Japan’s experimental fishing 11 The relevant law identified in the Statements of Claim 12 The ITLOS hearing and Order 13 The parties’ arguments before the Annex VII Arbitral Tribunal 14 The Annex VII Arbitral Tribunal’s Award on jurisdiction 15 Resolution of the dispute a The SBT Scientific Research Program b Japanese commercial catch affected by the ITLOS Order c The new-old quota of 2003 16 Issues left unresolved because the case did not go to the merits a Possible damaging admissions by Japan in the Indian Ocean Tuna Commission b Best scientific evidence (design of the experimental fishing programme and analysis of its results) c The allegation that Japan’s experimental fishing was commercially motivated d Decision-making in the CCSBT and the duty of cooperation e The relationship between conservation and optimum utilisation 17 Concluding observations APPENDIX SBT fishery science Maximum sustainable yield – the surplus production model of fisheries Virtual population analysis Scientific advice to managers

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Book SynopsisIn Sustainable Ocean Resource Governance an international group of eminent authors offer perspectives on the legal interface between sustainable economic growth, effective marine resource management and urgent environmental protection of the sea by addressing three key issues: deep sea mining, marine energy generation, and seabed pipeline and cable systems. In light of the sectoral nature of current ocean governance and the existing patchwork of management arrangements for the oceans, this book gives insights in search for a coherent and consistent sustainability approach.Table of ContentsForeword: Really a Sea Change – In Search for a Coherent and Consistent Sustainability Approach List of Contributors Part 1: Sustainable Ocean Resource Governance – The Wider Horizons 1 Opening Address  Vladimir V. Golitsyn 2 Sustainable Production of Offshore Renewable Energy: A Global Perspective  Gabriele Goettsche-Wanli 3 Sustainable Energy Generation from the Oceans  Henning Jessen 4 International Environmental Law, Sustainable Generation of Energy from the Ocean and Small Island Developing States in the Pacific  David Kenneth Leary 5 Realization of Sustainable Management/Development under the Law of the Sea Convention?  Rüdiger Wolfrum 6 Toward Sustainable Management of Marine Natural Resources  Yoshifumi Tanaka 7 Sustainable Management of Ocean Ecosystems: Some Comments  David Freestone Part 2: Sustainable Ocean Resource Governance – The Specific Fields of Application 8 The Area: Common Heritage of Mankind, Sponsoring States of Convenience and Developing States  Edwin Egede 9 State Practice in Deep Seabed Mining: The Case of the People’s Republic of China  Keyuan Zou 10 Multinational Corporations and International Environmental Liability: International Subjectivity and Universal Jurisdiction (Backs and Forths after Kiobel)  Pablo Ferrara 11 OSPAR and Coastal State Encroachment on High Seas Submarine Cab le Freedoms  Douglas R. Burnett Index

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Book SynopsisInternational Maritime Security Law by James Kraska and Raul Pedrozo defines an emerging interdisciplinary field of law and policy comprised of norms, legal regimes, and rules to address today's hybrid threats to the global order of the oceans. Worldwide shipping commerce, fishing fleets, pleasure craft, and coastal states are exposed to the menace of offshore terrorism, weapons of mass destruction, piracy, smuggling, robbery, marine insurgency and anti-access threats. Land-based institutions and maritime constabulary forces operate within an increasingly integrated network that blends elements of humanitarian law, human rights law, criminal law, and law of the sea, with inspection regimes, commercial enterprise, and marine safety and environmental stewardship. The new authorities fuse together a global maritime partnership among states, international organizations and commercial interests to protect the maritime commons from the most dangerous risks and hazards.Trade Review"The book is a major reference work not only for lawyers, but for anyone with an interest in maritime security. Without doubt, this will be a main resource for the discussion of all legal aspects of maritime security for years to come." - Christian Bueger, Cardiff UniversityTable of ContentsChapter 1: Introduction to Maritime Security Law 1.1. Introduction 1.2 What is Maritime Security Law? 1.3 Building a Public Order of the Oceans 1.4 Conclusion Chapter 2: American Maritime Security Policy and Strategy 2.1 Introduction 2.2 U.S. Maritime Security Policy 2.3 National Strategy for Maritime Security 2.4 National Strategy for Global Supply Chain Security 2.5 U.S. Maritime Strategy for Homeland Security 2.6 Cooperative Strategy for 21st Century Sea Power Chapter 3: European Maritime Strategy and Policy 3.I North Atlantic Treaty Organization 3.2 European Union 3.3 Chiefs of European Navies Maritime Operational Concept 3.4 U.K. Future Maritime Operational Concept Chapter 4: Peacetime Zones and Control Measures 4.I Temporary Suspension of Innocent Passage 4.2 Offshore Installation Safety Zones 4.3 World-Wide Navigational Warning Service 4.4 Aeronautical Information Services Chapter 5: Marine Environmental Protection and Control Measures 5.1 The Marine Environment 5.2 Particularly Sensitive Sea Areas 5.3 Ships’ Routeing, Vessel Traffic Services, and Ships’ Reporting 5.4 Mandatory Ship Reporting (United States) 5.5 Marine Mammals Chapter 6: U.S. Safety and Security Zones and Airspace Control Measures 6.1 Introduction to U.S. Zones 6.2 Jurisdiction over the Navigable Waters of the United States 6.3 Safety Zones 6.4 Security Zones Chapter 7: Sea Power, Grand Strategy, and Freedom of the Seas 7.1 Seapower and Grand Strategy 7.2 U.S. Freedom of Navigation Program Annex 1: National Security Decision Directive 20 (1982) Annex 2: National Security Decision Directive 265 (1987) Annex 3: National Security Directive 49 (1990) Annex 4: Presidential Decision Directive 32 (1995) Annex 5: U.S. Freedom of Navigation Challenges 1995-2003 Chapter 8: Freedom of Navigation in the Law of the Sea 8.1 Baselines 8.2 Internal Waters 8.3 Territorial Sea 8.4 Straits Used for International Navigation 8.5 Contiguous Zone 8.6 Exclusive Economic Zone 8.7 Continental Shelf 8.8 High Seas Chapter 9: Excessive Maritime Claims: Territorial Seas, Straits, and Archipelagos 9.1 Introduction 9.2 Illegal Straight Baselines 9.2.1 Libya’s “Line of Death” in the Gulf of Sirte 9.3 Excessive Claims over the Territorial Sea and Contiguous Zone 9.4 Excessive Claims over Straits Used for International Navigation 9.5 Excessive Claims over Archipelagic Sea Lanes Chapter 10: Security Claims in the Exclusive Economic Zone 10.1 Security Claims in the Exclusive Economic Zone 10.2 China’s Oceans Law and the EEZ 10.3 North Korea’s Military Zone 10.4 Military Activities in the EEZ Chapter 11: Flashpoint: South China Sea 11.1 The Political Seascape and Regional Stability 11.2 American Security Relationships and the South China Sea Chapter 12: Securing the Marine Transportation System 12.1 Threats to International Ship and Port Facility Security 12.2 The Law of the Sea and the IMO 12.3 Exclusive Flag State Jurisdiction 12.4 The ISPS Code 12.5 Maritime Domain Awareness Chapter 13: Port and Port Facility Security 13.1 Ports in the Global Transportation System 13.2 Port State Control 13.3 Port Facility Security 13.4 Port State Control Certifications and Documents 13.5 Questionnaire for Designated Authorities 13.6 Security Checklist for Port Facility Operators Chapter 14: Ship and Ship Operator Security 14.1 Shipping Company Responsibilities 14.2 Checklist for Shipping Companies 14.3 Ship Security 14.4 Checklist for Ship Security Personnel 14.5 Yachts and other Non-SOLAS vessels Chapter 15: Global Authorities to Counter Drug Trafficking 15.1. International Law and the Trade in Illegal Drugs 15.2 The Multilateral Treaty Framework 15.3 International Maritime Organization 15.4 UN Basic Principles on the Use of Force Chapter 16: Regional Authorities to Counter Drug Trafficking 16.1. Regional Cooperation in Countering Maritime Drug Trafficking 16.2 Caribbean Regional Maritime Agreement 16.3 Caribbean Basin Security Initiative 16.4 Organization of American States Model Operating Procedure 16.5 The Paris Pact Initiative 16.6 Republic of the Philippines National Coast Watch System 16.7 Mérida Initiative 16.8 The Central America Regional Security Initiative Chapter 17: U.S. Maritime Counterdrug Law 17.1 Maritime Drug Law Enforcement Act 17.2 Drug Trafficking Vessel Interdiction Act 17.3 Foreign Narcotics Kingpin Designation Act 17.4 U. S. Coast Guard Authorities 17.5 Department of Defense Legal Authorities Chapter 18: U.S. International Maritime Counterdrug Policy 18.1 The U.S. Policy and Operational Framework 18.2 U.S. Bilateral Maritime Counterdrug Instruments 18.3 Conclusion 18.4 U.S. Maritime Law Enforcement Instruments Chapter 19: Migrant Smuggling at Sea 19.1 Transnational Threat of Irregular Migration 19.2 Law of the Sea Convention 19.3 Transnational Organized Crime Convention 19.4 Migrant Smuggling Protocol 19.5 IMO Initiatives 19.6 Duty to Assist 19.7 Salvage Conventions 19.8 International Convention for the Safety of Life at Sea 19.9 International Convention on Maritime Search and Rescue 19.10 Refugee Convention 19.11 The U.S. Experience in Law and Practice 19.12 Conclusion Chapter 20: Maritime Piracy and Armed Robbery at Sea 20.1 The Historical Roots of the Law of Piracy 20.2 Contemporary Law of Maritime Piracy 20.3 Counter-piracy Operations Chapter 21: Maritime Terrorism and Weapons of Mass Destruction at Sea 21.1 Prevalence of Maritime Terrorism 21.2 Non Proliferation Treaty 21.3 Coastal State and Flag State Jurisdiction 21.4 Cases on the Use of Force in Shipboarding 21.5 UN Security Council 21.6 Proliferation Security Initiative 21.7 Can the NPT Survive? Chapter 22: Commentary on the Convention on the Suppression of Unlawful Acts against the Safety of Maritime Navigation 22.1 Convention on the Suppression of Unlawful Acts (SUA) 22.2 2005 Convention 22.3 2005 Protocol (Safety of Fixed Platforms) Chapter 23: Irregular Naval Warfare and Blockade 23.1 Irregular Naval Warfare 23.2 Quarantine 23.3 Cordon Sanitaire 23.4 Neutrality and Maritime Blockade 23.5 Blockade in Non-International Armed Conflict Chapter 24: Security Council Maritime Enforcement 24.1 Rhodesia Sanctions and the Beira Patrol (1965) 24.2 The Maritime Blockade of Iraq (1990-91) 24.3 Former Republic of Yugoslavia Armaments Embargo (1991-96) 24.4 Haiti Sanctions (1994) 24.5 Libya Embargo (2011) Index

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Book SynopsisThe Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction. The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.Trade Review"This space where fewer men have walked than on the moon is crucially important for human societies. If it is becoming the object of growing industrial appetites, it is also the crucible of a life that is as surprising as it is fragile and which undoubtedly holds part of our future. To manage it is therefore a priority, to avoid destroying it before even knowing it. This book allows us to take stock, with the hindsight that the scientific approach offers us. We need to welcome it." - Isabelle Autissier, sailor, navigator, writer, President of WWF-France "This book will be an indispensable tool for future legal research. It covers, with a contemporary legal and multi-disciplinary approach, the seabed beyond and within national jurisdiction focusing more on the regimes than on the limits of the seabed zones. Environmental aspects, new utilizations and conflicting uses of the seabed play an important role. Unusually, domestic practice is also considered. The book shows that the on-going negotiation on biodiversity beyond national jurisdiction cannot be seen in isolation. The Norwegian and international team of authors and the editor have done an outstanding work on a very topical subject." -Tullio Treves, Former judge of the International Tribunal for the Law of the Sea, Professor Emeritus, State University of Milan, ItalyTable of ContentsPreface  Rolf Einar Fife List of Illustrations List of Abbreviations Notes on Contributors Introduction: The Law of the Seabed  Catherine Banet part 1: Defining the Seabed 1 Characterizing the Seabed: a Geoscience Perspective  Alvar Braathen and Harald Brekke 2 Deep-Sea Ecosystems: Biodiversity and Anthropogenic Impacts  Eva Ramirez-Llodra 3 A Short Human History of the Ocean Floor  Håkon With Andersen part 2: Delimitation of Jurisdiction Over the Seabed and Right to Its Resources 4 Setting Maritime Limits and Boundaries: Experiences from Norway  Harald Brekke 5 The Seabed in the High North – How to Address Conflicts?  Alexander S. Skaridov 6 Current Human Impact on Antarctic Seabed Environment and International Law  Y.E. Brazovskaya and G.F. Ruchkina part 3: Exploitation of Non-Living Resources from the Seabed beyond National Jurisdiction 7 Commercial Mining Activities in the Deep Seabed beyond National Jurisdiction: the International Legal Framework  Joanna Dingwall 8 Framework Legislation for Commercial Activities in the Area  Erik Røsæg 9 Maritime Security and Deep Seabed beyond National Jurisdiction  Edwin Egede part 4: Exploitation of Marine Biodiversity and Living Resources on the Seabed beyond National Jurisdiction 10 The Rights to Genetic Resources beyond National Jurisdiction: Challenges for the Ongoing Negotiations at the United Nations  Tullio Scovazzi 11 Marine Genetic Resources: a Practical Legal Approach to Stimulate Research, Conservation and Benefit Sharing  Morten Walløe Tvedt 12 Deep-Sea Bottom Fisheries and the Protection of Seabed Ecosystems: Problems, Progress and Prospects  Richard Caddell part 5: Principles Applicable to Sovereign States When Exploiting Seabed Resources within National Jurisdiction 13 Review of National Legislations Applicable to Seabed Mineral Resources Exploitation  Saul Roux and Catherine Horsfield 14 European Union Law and the Seabed  Finn Arnesen, Rosa Greaves, and Alla Pozdnakova 15 China’s Domestic Law on the Exploration and Development of Resources in Deep Seabed Areas  Chelsea Zhaoxi Chen 16 Implementation of Article 82 of the United Nations Convention on the Law of the Sea: the Challenge for Canada  Aldo Chircop part 6: Building, Operating and Removing Installations on and under the Seabed 17 The Use of Sub-Seabed Transboundary Geological Formations for the Disposal of Carbon Dioxide  Nigel Bankes 18 Decommissioning of Offshore Installations: a Fragmented and Ineffective International Regulatory Framework  Seline Trevisanut 19 Re-using (Nearly) Depleted Oil and Gas Fields in the North Sea for CO2 Storage: Seizing or Missing a Window of Opportunity?  Martha M. Roggenkamp 20 International Investment Law and the Regulation of the Seabed  James Harrison 21 Navigating Legal Barriers to Mortgaging Energy Installations at Sea – the Case of the North Sea and the Netherlands  Jaap J.A. Waverijn part 7: Conflicting Uses or Coexistence, Resolving Mechanisms and Protection Regimes: Towards a More Integrated Approach 22 Crossing the Sectoral Divide: Modern Environmental Law Tools for Addressing Conflicting Uses on the Seabed  Rosemary Rayfuse 23 Commercial Arrangements and Liability for Crossing Pipelines, Power Cables and Telecom Cables (Connectors) on the Seabed  Lars Olav Askheim 24 Balancing Competing Interests When Building Marine Energy Infrastructures: the Case of the Nord Stream Pipelines  David Langlet 25 Liability and Compensation for Activities in the Area  Kristoffer Svendsen

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Book SynopsisCooperation and Engagement in the Asia-Pacific Region brings together contributions from leading experts around the world in the law of the sea. The volume addresses topics such as regional cooperation, protection and preservation of the marine environment, freedom of navigation, sustainable fisheries, and future cooperation within the important Asia-Pacific region. This book provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.Table of ContentsPreface Acknowledgments List of Illustrations Featured Remarks Reflections on the Status and Prospects for Deep Seabed Mining in 201  Michael Lodge Reflections on the Past 25 Years of Ocean Law and Policy  David A. Balton Maritime Autonomous Surface Ships in International Law: New Challenges for the Regulation of International Navigation and Shipping  Aldo Chircop Part 1 Spotlight on Regional Cooperation 1 Military Cooperation and International Custom in the Asia-Pacific Region  John G. Hannink 2 Peace through Joint Marine and Cruise Tourism in the Disputed South China Sea Islands: Opportunities and Challenges  Yann-huei Song 3 Multilateral Cooperation in Resolving or Managing International Issues  Helmut Tuerk 4 Jurisdictional and Substantive Aspects in the Application of unclos<\sc> Article 83(3) in Recent International Decisions  Xinjun Zhang Part 2 Protection and Preservation of the Marine Environment 5 Candy and Poisons: Protecting Marine Environments While Meeting Societal Needs  Daniel Rittschof 6 The Duty to Cooperate in the Protection and Preservation of the Marine Environment  Chie Kojima 7 Environmental Impact Assessments in Protection and Preservation of the Marine Environment  Tianbao Qin and Fang Hou 8 Increasing Challenges to the Future Marine Environment  Stephen A. Macko Part 3 Freedom of Navigation 9 Freedom of Navigation: Where to Go When Political Agenda Overshadows Legal Substance  Nong Hong 10 An Archival History of the Creation and Early Implementation of the Freedom of Navigation Program  James Kraska 11 Military Activities in Foreign Exclusive Economic Zones: Identification and the Application of Law  Xinmin Ma 12 Freedom of Navigation: Practices of Vietnam  Lan-Anh T. Nguyen Part 4 Straits Governance, including Malacca/Singapore 13 The International Straits Regime: Notes on Uncertainties and “Other” Straits in the Northeast Asia-Pacific Region  Ted L. McDorman 14 Passage through Indonesian Waters on Routes Used for International Navigation  Robert Beckman and Dita Liliansa Part 5 Search and Rescue 15 Towards the Establishment of a Search and Rescue Cooperation Mechanism in the South China Sea: Regulatory Framework, Challenges and Prospects  Yubing Shi 16 Understanding the Challenge: Mass Rescue Operations at Sea  Richard Button and Tom Gorgol 17 Models for Maritime Coordination in the South China Sea: Effective National-level Coordination  Brian Wilson Part 6 Sustainable Fisheries 18 Combating iuu<\sc>: the Driving Force behind Development of International Fisheries Law?  Kuan-Hsiung Wang 19 What’s in a Name: the Importance of Distinguishing between “Fisheries Crime” and iuu<\sc> Fishing  Kathryn Youel Page and Alexis J. Ortiz Part 7 Marine Biodiversity of Areas beyond National Jurisdiction (bbnj) 20 Negotiating a New Marine Biodiversity Instrument: Reflections on the Preparatory Phase from the Perspective of the European Union  Ronán Long and John Brincat 21 bbnj: Developments since Yogyakarta  J. Ashley Roach Index

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Book SynopsisIn the late twentieth century, as the United Nations struggled to come up with a new legal system for the oceans, one woman saw the opportunity to promote radical new ideas of justice and internationalism. Ocean governance expert Elisabeth Mann Borgese (1918–2002) spent decades working with the United Nations Law of the Sea Convention. Throughout this sprawling series of global conferences, she navigated allegiances and enmities, intrigues and setbacks, fighting determinedly to develop a just ocean order. Featuring extensive research and new interviews with Mann Borgese’s colleagues and family, this book explores timeless questions of justice and international collaboration and asks whether the extraordinary drive and vision of a single person can influence the course of international law.Table of ContentsForeword Preface Acknowledgments List of Figures Introduction part 1 Elisabeth Mann Borgese’s Introduction to World and Ocean Governance 1918–67 1 Elisabeth Mann Borgese’s Introduction to World Governance  1 Elisabeth Mann Borgese’s Life in Time-Lapse  2 Making Connections – An Intellectual Love with Giuseppe Antonio Borgese  3 The Chicago Committee to Frame a World Constitution  4 A New World Constitution  5 From Secretary to Academic  6 Retreat to Italy  7 The Center for the Study of Democratic Institutions in Santa Barbara 2 Reordering the Oceans  1 How Free Are the Oceans?  2 Moving Towards a New Law of the Sea  3 Nation States Reach Out for Territory in the Oceans  4 Access to Resources Makes Ocean Governance a Pressing Issue Post-War  5 Preparing for the First Convention on Ocean Governance  6 unclos i – Defining Legal Concepts, 1958  7 unclos ii – Failing to Fill Out Legal Concepts, 1960 part 2 Preparing for the Law of the Sea Convention 1967–73 3 The Maltese Initiative Changes Ocean Governance  1 Dipping into the Oceans – A Letter to Santa Barbara  2 A Person of Rare Vision?  3 Arvid Pardo – From Political Prisoner to Diplomat  4 The Maltese Initiative – Did Pardo Really Do It Single-Handedly?  5 Arvid Pardo’s Interest in Ocean Governance  6 Malta Prepares the Seabed Proposal  7 The Seabed Committee Is Born 4 Pacem in Maribus – A Think Tank for Ocean Questions  1 Can Santa Barbara Become a Think Tank for Ocean Questions?  2 Pacem in Maribus – An Ambitious Undertaking  3 Reaching Out to the Seabed Committee  4 Discussions and Achievements of Pacem in Maribus  5 Defining Pressing Ocean Governance Problems 5 ‘The Ocean Regime’ and the ‘Draft Ocean Space Treaty’  1 A Holistic Treaty – Elisabeth Mann Borgese’s ‘The Ocean Regime’  2 An Ocean Regime through Participation  3 From Ocean Regime to World Regime?  4 Arvid Pardo’s Convictions and Visions for the Future  5 The Maltese ‘Draft Ocean Space Treaty’ 6 Rise and Decline of Headquarters  1 Malta’s Struggle for Direction  2 Dom Mintoff – A Stumbling Block for Elisabeth Mann Borgese and Arvid Pardo?  3 Arvid Pardo’s Demotion from Ambassador to Seabed Delegate  4 Big Plans for Malta – Establishing the International Ocean Institute  5 Dreaming about the Headquarters of the Ocean Regime on Malta  6 Review of Networks and Re-Grouping to Face unclos iii part 3 Negotiating the Law of the Sea 1973–82 7 unclos iii – Haves against Have-Nots  1 The World Order Complicates Ocean Governance Negotiations  2 The Structure of the Negotiations – Solving a Giant Jigsaw Puzzle through Consensus  3 Navigating Interests – Groups as the Unofficial Structure of unclos iii  4 Entering the Conferences – The International Ocean Institute Gains Non-Governmental Organisation Status  5 A Piece for the Ocean Puzzle – How to Design an International Machinery to Govern the Ocean Floor?  6 Malta’s Failed Attempt to Regain Importance  7 Final Fall-Out with Malta over the International Seabed Authority 8 A Strong International Machinery for the Seabed Outside National Jurisdiction?  1 Non-Governmental Organisations Struggle at the Convention  2 Moving over to the Austrian Delegation  3 How to Exploit the Seabed?  4 Preparing for the Sixth Session in 1977  5 Reviving a Corpse? – Attempts to Reintroduce Rejected Concepts  6 Secret Changes to the Draft Treaty in Favour of the Developing Countries  7 New Strategies and Alliances for Landlocked and Geographically Disadvantaged States  8 Austria Loses Faith – An Era of Instability 9 To Rescue What Is Left to Rescue  1 A New Headquarters in Halifax  2 Austria’s Report on Jens Evensen’s Intersessional Meeting – Visions Falling Apart  3 Losing the President of the Law of the Sea Convention Causes a Crisis  4 United States Retreat Stalls the Negotiations  5 Elisabeth Mann Borgese’s appeal to act without the United States  6 Why the Rush to Finalise the Convention in 1980?  7 Moving on in Halifax – The Second International Ocean Institute  8 Shedding Crocodile Tears? A Law of the Sea without the United States part 4 Can the Common Heritage of Mankind Be Rescued? 1982–94 10 1994 Agreement and the Boat Paper Crisis  1 The Life of the Convention after 1982  2 The Boat Paper – A Betrayal of the Task?  3 The Law of the Sea Kidnapped by Villains in 1994  Conclusion  1 Elisabeth Mann Borgese as the ‘realist of tomorrow’  2 The origins of Mann Borgese’s Internationalist Ideals  3 Arvid Pardo and a Meeting of Ideals  4 The Time Was Ripe – Political and Technological Development in the Mid-Twentieth Century  5 Common Heritage or Common Property  6 The Idea in Action though Institution-Building  7 Elisabeth Mann Borgese’s Legacy  8 Epilogue – The Future of Ocean Governance – What Is Next? Archival Material Bibliography Index

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Book SynopsisThis book is the first of its kind to explore the problems inherent in the unification of maritime law. Featuring contributions from leading experts at European maritime law research centres, it considers international conventions, current maritime practice, standard forms and recently adopted or drafted national codifications of maritime law from the codification point of view.The book is divided into four parts which represent different views on the main topic. Part I gathers chapters dedicated to different aspects and methods of unification of maritime law on a global scale, as well as several specific issues of maritime law from the regulatory point of view. Part II of the book consists of those papers that centre around the issue of transport of goods. Part III is dedicated to codifications of carriage of passengers, cruise law and leisure navigation. Finally, Part IV addresses national codifications of maritime law.Codification of Maritime Law: Challenges, Possibilities and Experience seeks to provide common ground for future unification of maritime law, which makes the book useful both for private and public maritime lawyers and statesâ maritime administrations worldwide.Table of ContentsPart I General Remarks 1.Codification: Problems of Differing Legal Cultures 2. Codification and Unification of Maritime Law: Friends or Foes? 3. Unification of Maritime Law – A Failed Strategy? 4. Codification by Treaty of Private Maritime Law from the Perspective of a Public International Lawyer 5. Codification – Best Left to States or to Someone Else? 6. Successes and Failures of Uniform Maritime Law Instruments: Is There Room for a New Approach? 7. The Gap Between EU And EEA Law: Opportunities and Threats of EEA Consolidation 8. The Maritime Labour Convention: A Code of Minimum Rights and Maximum Impact Part II Codification Issues in Transport of Goods by Sea 9. The Rotterdam Rules Codification and International Trade – Harmony or Discord 10. Sea Transport Documents in Banks’ Hands - Bridging the UCP with Commercial Shipping Law 11. The Challenges Of ICTs in the Shipping Sector Among International Uniform Law, Codification and Lex Mercatoria: The Electronic Bill Of Lading 12. The Future of the Regulation of the Contract for the Multimodal Carriage of Goods in the Context of the Rotterdam Rules 13. Regulation of the Multimodal Carrier’s Liability Regime with a Special Focus of Selected National Maritime and Transport Laws Part III Codification in the Area of Carriage of Passengers and Leisure Navigation 14. The Role of Sailing and Leisure Navigation in the Codification of Maritime Law (in the Framework of the Spanish Maritime Navigation Law of 2014) 15. Yacht Codes – A Solution to the Problem of Equivalent Safety Standards for Large Yachts 16. Claims for Personal Injuries by Cruise Ship Passengers under International and EU Regimes Part IV National Codifications of Maritime Law 17. Maritime Law Codification in Japan: Elements Considered and Those Not Considered 18. Codification of Maritime Law: The Experience of Spain 19. The Interrelations between Compulsory Insurance of Shipowners for Maritime Claims and the Shipowner’s Limitation of Liability: A Case of Lack of Coordination in Italy Among Disciplines of Different but Complementary Subjects 20. Recent Maritime Law Codifications - Reasons and Scope. The Polish Perspective as Compared with Other Chosen Jurisdictions

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Book SynopsisThis book covers in one handy volume all the major topics associated with ship operations. Carefully, co-ordinated to ensure breadth, relevance and lack of overlap, the topics covered are addressed by authors are the very top of their profession, whether in legal practice or academia, and are presented in a manner which is topical and clear. Part I offers a detailed and critical analysis of issues of contemporary importance concerning new liability regimes and developments. Part 2 discusses how parties, in particular ship operators, attempt in contemporary practice to allocate their risks concerning ship operations. Part 3 evaluates the legal position of those involved in more back office' operations. The book provides an invaluable guide to recent legal and practical developments and offers a comprehensive, well-informed and thoroughly practical guide on what is a very complex and developing area of law. It will therefore be of great use to legal practitioners and administrators of sTable of ContentsPart 1- Emerging Legal Problems and Liabilities for Ship Operators Chapter 1- Sanctions and Money Laundering – Associate Professor George Leloudas Institute of International Shipping and Trade Law, Swansea University Chapter 2- Criminal Liability of Seafarers and Operators- Professor Henrik Ringbom Scandinavian Institute of Maritime Law, Oslo University Chapter 3- Cyber Problems- The Tort Liabilities That Can Be Incurred by Shipowners and Operators Due to Inadequate Cyber Security- Daniel Martin, Partner, HFW, London Chapter 4- Cyber Risks and Insurance- Professor Barış Soyer, Director, Institute of International Shipping and Trade Law, Swansea University Chapter 5- Insolvency Difficulties – Professor Andrew Tettenborn, Institute of International Shipping and Trade Law, Swansea University Chapter 6- Liability for Wrongful Arrest – Sir Bernard Eder Arbitrator, 4 Essex Court, International Judge of the Singapore International Commercial Court, Acting Judge of the Eastern Caribbean Supreme Court Chapter 7- Liability for Wrongful Arrest Euro Style– Associate Professor Frank Stevens Erasmus University Law School, The Netherlands Chapter 8- Electromagnetic Fields and Navigation: On Board Safety in the Radar- Professor Olivier Cachard, University of Lorraine, France Part 2- Ship Operations in a Contractual Context Chapter 9- A New GENCON: Transforming A Standard Charter for the Modern World- John Weale, Fednav, Montreal Chapter 10- Time Charterers’ Employment Orders and Shipowners’ Rights of Indemnity- Professor Simon Baughen, Institute of International Shipping and Trade Law, Swansea University Chapter 12- New BIMCO Clauses and Risk Allocation (Cyber, Piracy, Sulphur) – Professor Richard Williams, Institute of International Shipping and Trade Law, Swansea University Part 3- Back Office Ship Operations Chapter 13- Bunkers – Who Pays When Things Go Wrong? Simon Rainey QC, Quadrant Chambers, London Chapter 14- Contemporary Legal Issues Concerning Ship Managers – Daniel Jones, Clyde & Co, London Chapter 15- Ship Management Agreements for Autonomous Ships – Grant Hunter, Chief Officer for Legal and Contractual Affairs, BIMCO

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Book SynopsisThe book is concerned with the harmonisation of maritime safety legal systems in Europe. It describes maritime safety legal systems in selected European countries as well as maritime safety issues from the perspective of the International Maritime Organisation, European Union, and European Free Trade Association. Distinguished scholars from Europe's leading maritime law academic centres present national perspectives of maritime safety systems, questioning whether the adopted national solutions guarantee the compatibility with IMO and EU legal regime, as well as assessing the global and EU system. Moreover, the book seeks to provide some answers as to whether the IMO goals on maritime safety are adequate in light of current safety challenges and how to achieve higher level of enforcement of internationally-recognised maritime safety standards. It will be of great assistance to those readers who need to familiarize themselves with current problems inherent in maritime safety, whether that be lawyers, scholars, professional mariners, or national institutions.Chapter 14 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license. Table of Contents1. Implementation of IMO treaties into the domestic legislation. Implementation and enforcement as the key to effectiveness of international treaties; 2. The EU Maritime Safety Rules: Raising the Bar within Europe and Beyond; 3. Maritime safety from the perspective of the EEA EFTA countries; 4. Maritime safety in Belgium – An Overview of the Legal Framework; 5. Maritime Safety – Croatian Legal Framework; 6. French rules concerning maritime safety and security; 7. German Maritime Safety laws: Comprehensive but Complicated 8. Brief reflections on the regulation and implementation of maritime safety in the U.K.; 9. Maritime Safety - Greece; 10. The Italian legal framework on maritime safety: recent developments and future perspectives; 11. An overview of the maritime safety laws in Malta; 12. Comparative maritime safety – Netherlands; 13. Norway – playing it safe; 14. Taking maritime safety seriously – the Polish perspective; 15. Maritime safety and security in Spain; 16. Maritime safety in Turkey

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Book SynopsisOil and natural gas, which today account for over 60% of the worldâs energy supply, are often produced by offshore platforms. One third of all oil and gas comes from the offshore sector. However, offshore oil and gas installations are generally considered intrinsically vulnerable to deliberate attacks. The changing security landscape and concerns about the threats of terrorism and piracy to offshore oil and gas installations are major issues for energy companies and governments worldwide. But, how common are attacks on offshore oil and gas installations? Who attacks offshore installations? Why are they attacked? How are they attacked? How is their security regulated at the international level? How has the oil industry responded? This timely and first of its kind publication answers these questions and examines the protection and security of offshore oil and gas installations from a global, industry-wide and company-level perspective. Looking at attacks on offshore instTrade Review"A recent addition to Informa’s Marine and Transport Law Library, this is rather a terrific book. Yes, it will be of abiding interest to international and environmental lawyers, but the clarity of the author’s prose style will make it accessible, not to mention fascinating, to everybody and anybody interested in this subject which, according to author Mikhail Kashubsky, has hitherto been surprisingly neglected." - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers, United KingdomTable of Contents1: Offshore Petroleum Security Context2: Offshore Assets and Operations3: Offshore Security Threats4: Offshore Targets Selection Considerations5: Legal Status of Offshore Installations6: Pre-9/11 International Regulatory Framework7: Post-9/11 International Regulatory Responses8: International Oil and Gas Industry Responses9: Conclusions

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Book SynopsisFor the first time, this unique text brings together all private international maritime law conventions alongside expert commentary and analysis. Truly global in approach, the book covers each of the nineteen conventions currently in force, all scrutinised by this internationally-acclaimed author. It also examines important maritime conventions not yet in force, including the topical Rotterdam Rules.Split into three convenient volumes, this comprehensive resource provides a thorough treatment of both wet and dry shipping treaties, combining breadth of coverage with depth of analysis. In this first volume, the author covers conventions dealing with the Carriage of Goods and Passengers by Sea, in particular:- International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924 and its Protocol of 1968 and 1979 (Hague-Visby Rules)- United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules)-Trade ReviewComprehensive, authoritative and scholarly, this book should eventually occupy pride of place in the library of every lawyer and advisor in maritime law. - Phillip Taylor and Elizabeth Taylor, both Richmond Green Chambers, 2014Table of ContentsPart 1: Carriage of Goods by Sea 1. International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading 1924 (Hague-Visby Rules) 2. United Nations Convention on the Carriage of Goods by Sea, 1978 ("Hamburg Rules") 3. United Nations Convention on International Carriage of Goods wholly or partly by Sea 2008 (Rotterdam Rules) Part 2: Carriage of Passengers by Sea 4. Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea 1974 and Protocol of 2002

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Book SynopsisWritten by a team of top academics and highly-experienced legal practitioners, this is a very complex area of law. It provides both a critical analysis on contemporary legal issues concerning offshore contracts, and an in-depth account of the numerous liability regimes inherently connected to offshore operations. Key features of Offshore Contracts and Liabilities: Detailed insight into contemporary legal issues concerning offshore contracts, including Supplytime and Heavycon In-depth analysis of the current liability regimes with clear reference to contemporary industry practice Thorough examination of the current state of the law from national, regional and international perspectives Up-to-date coverage of hot topics such as liability for offshore installations, knock-for knock agreements in offshore contracts and recently-developed new standard forms, such as Windtime. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwideTrade ReviewOverall, this is a very fine book which is indispensable reading for any practitioner active within the field and which will also be of great interest to students and scholars of maritime law, energy law or the law of commercial contracts. - Greg Gordon, University of AberdeenTable of ContentsPart 1- Offshore Contracts Chapter 1. BIMCO’s Offshore Contracts Chapter 2. Key Aspects of New WINDTIME Form Chapter 3. HEAVYCON 2007: Liabilities, Exceptions, Indemnities Chapter 4. Knock for Knock Clauses in Offshore Contracts- The Fundamental Principles Chapter 5. The Construction of Mutual Indemnities and ‘Knock for Knock’ Clauses Chapter 6. Consequential Loss Exclusion Clauses in Offshore Contracts: The Need for Greater Clarity Chapter 7. Excluding Consequential Damages Chapter 8. Wilful Misconduct and Gross negligence Exclusions in ‘Knock for Knock’ Provisions in Offshore Contracts Chapter 9. Knock for Knock- The P & I Perspective Chapter 10. Standard Contracts Used in the Offshore Insurance Sector: Clear and Unambiguous? PART 2- Offshore Liabilities Chapter 11. Pollution from Offshore Rigs and Installations- UK Law Chapter 12. Norwegian Perspective with regard to Liability Regimes Concerning Oil Rigs and InstallationsChapter 13. Offshore Injury- Whose Jurisdiction, What Law? Chapter 14. Marine Spatial Planning- An Incoming Tide of Opportunity or Liability?

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Book SynopsisThis book explains the definition, concepts, practices and procedures of Free Zone operations; how they are created, how they operate, and their benefits to the global and national economy.Readers will be able to understand why Free Zones exist, their role in the development and maintenance of international trade, and how they contribute to national and global economic development and wellbeing, especially in developing nations. The author explains the processes in the establishment of Free Zones, and how government legislation and initiatives assist in this process. The book comprehensively but accessibly covers the topics of Freeports, Free Zones, Export Processing Zones (EPZs) and Special Economoic Zones (SEZs), as well as issues such as Customs requirements, Free Zone law and government initiatives, including the new UK Freeport initiative. It analyses the role of such Zones in global economic development and considers the challenges and issues related to Free Zone develoTable of ContentsPart 1 1. Introduction and Background 2. Free Zone History and Overview 3. Overall Definition and Purpose 4. Fiscal and Legal Status 5. Specific Zone Definitions, Location and Comparisons 6. Customs Clearance 7. Rules of Origin and Freeports 8. Business Clustering and Economic Development 9. Tax Incentives, Duty Deferral Savings and the Supply Chain 10. Financial and Service Free Zones 11. WEPZA 12. Free Zone Security and Risk 13. The Political Perspective 14. Sustainability and the Future 15. Challenges and Secrets to Success 16. The UK Perspective 17. Conclusions Part 2: Specific Global Free Zone Examples 1. North America 2. Latin America 3. Middle East and North America (MENA) 4. European Union 5. Russia 6. Asean (South-East Asia) 7. China 8. UK Freeport Initiatives Appendix 1. UK Free Zones: Proposed Guidelines Appendix 2. UK Freeport Operations Applicant Questionnaire

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Book SynopsisNow it its second edition, The Law of Yachts and Yachting is a comprehensive treatise on the law relating to yachts and provides its readers with a thorough analysis of maritime law as relevant to the superyacht sector. Written by a team of leading yachting practitioners and researchers, it covers the legal issues arising during the life of a yacht. The book is written for the legal practitioner, yacht-broker and manager concerned with the operation of professionally crewed yachts including financing, registration, chartering, insurance, compliance and casualty management.Key Features -The only practitioners' book on the area It covers all major aspects of yachting law in a single book The Law of Yachts and Yachting is highly comprehensive - despite its main focus on contract and tort law, it contains references to public law and international law and practice References to case law, English, foreign and internationalAppendicTrade Review'...an important contribution to the understanding of how English law is applied to this industry sector, and indeed should be on the shelf of every solicitor, every barrister and every arbitrator who purports to advise or adjudicate on disputes arising out of the construction, the ownership, the design or the operation of yachts.'John Leonida, The Journal of International Maritime LawTable of Contents1. Yacht-Building Contracts 2. Yacht Registration 3. Value Added Tax and Yachts 4. Yacht Finance 5. Insurance Legislation and Contracts 6. Employment and Manning 7. Yacht-Brokers 8. Yacht Chartering and the MYBA Form 9. Mooring 10. Sale and Purchase under the MYBA Form 11. Yacht Codes: Safety and Compliance for Superyachts 12. Accidents at Sea 13. The Recycling of Yachts

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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 1999 Arrest Convention, volume II 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 analysinTrade 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 QC, The Journal of International Maritime LawTable of Contents1. History of the 1999 Arrest Convention2. Implementation of the Convention 3. Scope of application of the Convention4. Definitions of Arrest, Person, Claimant and Court5. The Maritime claims6. Powers of arrest7. Jurisdiction on the merits and recognition and enforcement of judgments 8. Arrest of the Ship in Respect of Which the Claim is Asserted and Arrest of Sister Ships9. Right of Rearrest and Multiple Arrest10. Release of the Ship from Arrest and release of the security11. Liability for Wrongful Arrest

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Book SynopsisThis book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 12th International Colloquium at Swansea Law School in September 2016. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding charterparties. The book is set out in three parts. -Part I offers a detailed and critical analysis of issues of contemporary importance concerning time charters. -Part 2 carries out a similar analysis with regard to voyage charterparties. -Part 3 deliberates issues common to both type of charterparties. Offering critical analysis of contemporary legal issues on charterparty contracts, this book considers recent legal and practical developments and is therefore essential reading for both professional and academic readers wiTable of ContentsPart 1 Issues Concerning Time Charterparties 1. ‘Interrupting the Lifeblood’: The Owner’s Remedies for Non-Payment of Hire After Spar Shipping Simon Rainey Qc 2. Off-Hire Clauses – Recent Developments Jonathan Webb And Brian Perrott. 3. Of Terrorists, Pirates, Foul Weather and Other Perils to International Trade: The Commercial Allocation of Risk Under Time Charters, With Particular Reference to Issues of Maritime Security Nigel Cooper Qc 4. Bunkers and Charterparties George Arghyrakis 5. Enhancing Standardisation And Legal Certainty Through Standard Charterparty Contracts – The Nype 2015 Experience Dr Theodora Nikaki And Professor Barış Soyer 6. Damages for Underlap in Time Charters: Three Subversive Suggestions Professor Andrew Tettenborn 7. Cargo Liabilities Under The New York Produce Exchange Time Charter and The Inter-Club Agreement John Weale Part 2 Issues Concerning Voyage Charterparties 8 How Much Flexibility Is There in a Voyage Charter? – An Eclectic Cornucopia! Professor Richard Williams 9. A Continental Perspective on The Interpretation of Voyage Charterparties By Arbitrators: The Example of The Synacomex Charter Professor Dr Olivier Cachard 10. Delay and Demurrage in Tanker Charters Professor Simon Baughen 11. Damages for Repudiation of Voyage Charters: Lessons Learned from The Mtm Hong Kong Jason Robinson Part 3 Issues Common to Both Charterparties 12. Who Is Responsible for Loading, Stowage and Discharging? Who Bears the Risk? Andrew Preston 13. Clauses Paramount Professor Yvonne Baatz 14. Charterparties and the Modern Law of Penalties Professor Gerard Mcmeel 15 Contracts of Affreightment Paul Herring.

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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

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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

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

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

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