International law, transport and commerce: maritime law Books

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

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

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

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

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

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

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

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Book SynopsisThis publication lists all current developments on national legislation, declarations and treaties on maritime jurisdiction that have been adopted since the enactment of the 1982 United Nations Convention on the Law of the Sea. The information is listed by states in alphabetical order and the treaties are included in the chronological order of their adoption.

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