Jurisprudence and general issues Books

Book SynopsisNew Technologies, Artificial Intelligence and Shipping Law in the 21st Century consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 14th International Colloquium at Swansea Law School in September 2018. Written by a combination of top academics and highly experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding new technology and shipping.The book is set out in three parts: Part I offers a detailed and critical analysis of issues that are emerging, and those that are likely to emerge, from the use of advanced computer technology, particularly at the contracting process and in the context of issuing trading documents. Part 2 focusses on artificial intelligence and discusses the contemporary issues that will emerge once autonomous ships and similar crafts are put to use in the world's oceanTable of ContentsTable of cases. Table of legislation. Notes on editors and contributors. Foreword. Preface. Part 1 Effect of New Technologies on Contracting in Shipping Practice. Chapter 1 Blockchain and Smart Contracts in Shipping and Transport: A Legal Revolution is About to Arrive? Francesco Munari. Chapter 2 Smart Contracts - The BIMCO Experience Grant Hunter. Chapter 3 Can Commercial Law Accommodate New Technologies in International Shipping? Michael Sturley. Chapter 4 Electronic Signature in Shipping Practice Erik Røsæg. Chapter 5 Pinning Down Delivery: Glencore v. MSC and the Use of PIN Codes to Effect Delivery Simon Rainey. Part 2 Artificial Intelligence and Shipping. Chapter 6 Autonomous Shipping and Maritime Law Paul Dean and Henry Clack. Chapter 7 BOTPORT Law - The regulatory Agenda for the Transition to Smart Ports Erik van Hoydonk. Chapter 8 Autonomous Vessels and Third Party Liabilities - The Elephant in the Room Barış Soyer. Chapter 9 Shipping - Product Liability Goes High-Tech Andrew Tettenborn. Chapter 10 Who is the Master Now? Regulatory and Contractual Challenges of Unmanned Vessels Simon Baughen. Chapter 11 Carrier Liability for Unmanned Ships. Goodbye Crew, Hello Liability Frank Stevens. Part 3 Legal Tech and Its Impact on Shipping and Insurance. Chapter 12 Impact of Technology on Disclosure in Shipping Litigation Peter MacDonald-Eggers. Chapter 13 Insurance and Artificial Intelligence: Underwriting, Claims and Litigation Simon Cooper. Index.

Read more less

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

Read more less

Book SynopsisWritten by a leading proponent of the philosophy and ethics of healthcare, this volume is filled with thought-provoking and frequently controversial ideas and arguments. Accessibly written, it provides readers with a timely contribution to the current literature on medical ethics, in which the concept of subjectivity is a key issue characterizing current medical humanities.Examining the critical assumption that scientifically-demonstrable facts will remove all uncertainty, the author argues that ethical dimensions of clinical practice do not always arise from undisputed facts, but that they are sometimes to be found at the level of the determinations of the facts themselves.Firmly placing the patient back on centre stage, without underestimating the crucial role which science plays in modern medicine, this volume is an excellent account of ethics and science in healthcare and their proper place in assessing and meeting people's health needs.Table of Contents1. What are we really doing to patients? 2. Radical disagreement and cultural dissonance 3. Mystery in Sugery 4. Equitable Health Care 5. Is infertility a health need? 6. The child's interests in assisted reproduction 7. Qualifying as a person 8. Are animals our equals? 9. Patients and research 10. Ethics, nanotechnologies and health 11. Imagination and medical education

Read more less

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

Read more less

Book SynopsisVolume 21 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1- 20 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law.Table of ContentsA selection of articles featuring jurisprudential, historical, textual and comparative analysis of issues in Jewish law.

Read more less

Book SynopsisA refund guarantee is an essential component of almost every shipbuilding project, without which the buyer will be unwilling or unable to proceed. There is no standard form of refund guarantee in universal usage, and both the form and substance of refund guarantee instruments vary widely from case to case. The ambiguity or uncertainty of the meaning of refund guarantee instruments, against a backdrop of a sharp downturn in the shipping markets, has led to numerous disputes in recent years concerning refund guarantees, which have been the subject of a number of important decisions of the English Courts. This is the first English law text book dedicated to the subject of refund guarantees. It provides essential guidance as to the issues arising and the pitfalls to be avoided. It analyses the specimen form of guarantee annexed to Bimco's NEWBUILDCON form, and covers topics such as the circumstances in which the liability of the guarantor may be discharged, and when a builTable of Contents Introduction Definitions and characteristics Contractual and statutory requirements Construction Aids to construction of demand instruments and guarantees Presumption against the imposition of primary liability Authority of signatory Local approvals The BIMCO NEWBUILDCON – Standard Newbuilding Contract – Part II, Annex A (iii) Refund Guarantee Introduction Clause 1 Definitions Clause 2 Guarantor’s Obligation Clause 3 Indulgence, delay, amendment or variation Clause 4 Duration Clause 5 Dispute Clause 6 No counterclaim or set-off Clause 7 Currency Clause 8 Assignment Clause 9 Governing law and jurisdiction Clause 10 Notices Clause 11 Immunity Clause 12 - 14 Approvals and authorisations Guarantees issued on behalf of the buyer Guarantees issued on behalf of the builder Parent guarantees and letters of comfort Assignment and novation Material variation of the underlying contract Anti-discharge provisions Discharge of the surety Vitiating elements in the contract of suretyship Making demand Restraining payment Enforceability of an English Court judgment / London arbitration award

Read more less

Book SynopsisThis book provides a comprehensive and coherent legal analysis of the impact of fraud on the position of various parties to a marine insurance contract, as well as the cover provided by standard marine policies. The issues under discussion in this invaluable guide are also equally relevant in the context of non-marine insurance contracts. Helpfully divided into two parts; the first part deals with the impact of fraud committed by parties to an insurance contract i.e. the assured, brokers and insurers.The second part analyses the extent to which standard marine policies cover the fraudulent and dishonest activity of third parties to an insurance contract.This book will be of huge practical assistant to practitioners specialising in marine insurance as well as insurance generally, and to professionals, academics and post-graduate students. Table of ContentsPart 1 Chapter 1. General Overview of Fraud in Marine Insurance Chapter 2. Fraud Committed by the Assured at the Outset Chapter 3. Fraud Committed by the Assured at the Post-Contractual Stage Chapter 4. Fraud Committed by the Insurer Chapter 5. Fraud Committed by Independent Agents of the Parties Chapter 6. Potential Impact of Law Reform Part 2 Chapter 7. Impact of Fraud and Other Dishonest Activity on Insurance Coverage

Read more less

Book SynopsisThis book explores from an English law and Institutional perspective the various types of injunctive relief that are available to a party before and during arbitral proceedings. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted. It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act 1996 and section 37 of the Senior Courts Act 1981. It also provides an in-depth analysis of case law and the emerging trends in this area of arbitration, as well as the powers of arbitrators under the ICC and LCIA Rules to grant such relief and other remedies that might be available to a party seeking to uphold an arbitration agreement. This book will be a vital reference tool for practitioners, arbitrators and postgraduate students.Trade Review‘…impressively manages to cover a huge number of important and difficult topics in the space of 150 pages. In doing so, it imposes a useful framework on a multitude of overlapping issues. It summarises key developments and identifies uncertainties for the future.’ David Owen QC, 20 Essex StreetTable of ContentsChapter 1: Arbitration Agreements Chapter 2: Anti-Suit Injunctions and Arbitration Chapter 3: Anti Suit Injunctions and the Brussels Regulation Chapter 4: Procedure and Jurisdiction Chapter 5: Anti Suit Injunctions and Arbitrators Chapter 6: Injunctions and the Arbitration Act 1996 Chapter 7: Anti-Arbitration Injunctions Chapter 8: Damages and Alternative Remedies

Read more less