Public international law: law of the sea Books

Book SynopsisIn an era of turbulent ocean geopolitics, where environmental concerns and resource extraction are increasing interest in who owns what at sea, this timely book examines the international politics involved in how states delineate ownership and rights in the ocean. Analysing why some states settle their maritime boundary disputes and why others erupt into conflict, Andreas Østhagen uses the innovative approach of combining international law and international relations theory to examine four countries and their maritime disputes: Australia, Canada, Colombia and Norway. With a focus on marine resources, chapters unpack the dispute dynamics concerning offshore oil and gas, fisheries, and strategic security concerns. Through an examination of what led these states to settle their disputes, this innovative book delineates the wider political and legal factors behind boundary-making at sea and aims to improve the way that society resolves ocean conflicts. Navigating the complexities of international law and conflict resolution at sea, this book will prove a thought-provoking read for students and scholars of geopolitics and law. With ocean-governance an increasingly pressing matter on the political agenda of international negotiations such as UN Climate Change conferences, it will also prove an informative resource for officials engaged in ocean affairs, geopolitics, and the law of the sea.Trade Review‘In exploring the question of why states succeed, and fail, to resolve their maritime disputes, Andreas Østhagen provides a nuanced and comprehensive analysis of the various factors – political, legal, economic, even symbolic – that hamper or promote successful outcomes. This interdisciplinary lens of analysis yields new and important insights, making the volume an indispensable reference work for future research.’ -- Suzanne Lalonde, Université de Montréal, Cana‘Østhagen makes good use of a study of efforts to settle boundary disputes to illuminate the complex mix of factors leading to success or failure in individual cases. In the process, he helps us to understand why cooperation is difficult to achieve in international society where states are sensitive to appearances as well as to more objective indicators of their relative standing.’ -- Oran R. Young, University of California, Santa Barbara, US‘Combining international political and legal perspectives, Ocean Geopolitics offers fresh and timely insights on both the challenges and opportunities involved in the resolution of ocean boundary disputes – increasingly urgent issues spanning the global ocean. Highly recommended.’ -- Clive Schofield, World Maritime University (WMU), Sweden‘Andreas Østhagen’s book provides us with a panoramic map of the world’s maritime boundary disputes. After reading Andreas’ book carefully, readers will learn that although the governance tools and mechanisms for resolving maritime disputes are not perfect and not everyone is satisfied with the way disputes are handled, in general governments and people around the world still express their hope for peace by their patience to solve these problems. Andreas Østhagen's book reminds us that to achieve a more lasting peace and the stability of the oceans, the world needs a more integrated governance approach.’ -- Yang Jian, Shanghai Institutes for International Studies (SIIS), ChinaTable of ContentsContents: Preface 1. Sea of troubles 2. States, borders and maritime boundaries 3. Explaining maritime boundary dispute settlement 4. Australia – the oceanic continent 5. Canada – in the shadow of the hegemon 6. Colombia – through the Caribbean labyrinth 7. Norway – looking to Russia and the Arctic 8. Legal context and precedent 9. Oil and gas and public perception 10. Security and fisheries 11. The future of boundary disputes at sea Bibliography Index

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Book SynopsisThis ground-breaking book challenges legal orthodoxy, presenting an original approach to the treatment of islands in international law. It offers a new perspective on how to define islands in international law, questioning how they differ from other maritime features. It focuses on the contextual factors that bear upon the legal treatment of islands, recognising that, in practice, islands have varied and unequal impacts and arguing that greater focus on context is needed to understand legal outcomes, particularly those concerning maritime boundary delimitation. Addressing the impact of rising sea levels on the interests and rights of islands and the increasing construction of artificial islands, the authors make the case for a major change in approach to the topic.This book offers international lawyers a thought-provoking reappraisal of a vital issue. It will be a useful resource for human geography and international relations scholars wishing to deepen their understanding of a key politically-contested and increasingly pressing debate in international law.Trade Review‘An erudite exploration of the island and international law, which draws on and moves beyond existing scholarship and judicial decisions to provide a modern, contextual and highly original account of islands and a sophisticated, authoritative and compelling assessment of their treatment under the law of the sea.’ -- Karen Scott, University of Canterbury, New Zealand‘The entry into force of the UN Convention on the Law of the Sea has made the legal regime of islands a topical issue in international law. Climate change and sea-level rise contribute to the current interest in the subject. This book adds an important contribution to the existing literature. It pleads for a contextual approach that avoids the strictures of purely textual interpretation that have been a source of difficulty for current literature and judicial decisions.’ -- Tullio Rodolfo Treves, University of Milano, Italy‘In this refreshing and insightful book on islands and the law of the sea, Evans and Lewis convincingly show how and why context matters. Their pithy treatise is instantly accessible and yet exposes hidden influences on how the so-called “legal regime” of islands operates. They provide sharp insights into related questions of sovereignty and delimitation. For good measure, new challenges of climate change and sea-level rise are explored too. I highly recommend this timely and provocative book.’ -- Richard Barnes, University of Lincoln, UKTable of ContentsContents: 1. The ‘regime of islands’ in international law 2. Contrasting islands with other maritime features 3. Definitional elements of an island 4. Islands and the delimitation of maritime zones 5. The contextual approach to islands 6. Conclusion Bibliography. Index

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Book SynopsisThe UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century. Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS. This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation, and its practical approach will capture individuals working for relevant international organizations and NGOs. Contributors include: N. Bankes, L. Bautista, A. Chircop, R. Churchill, M.D. Evans, A. Jaeckel, Ø. Jensen, S. Lee, R. Lewis, M.L. Mcconnell, A. Serdy, K.E. SkodvinTrade Review‘The Development of the Law of the Sea Convention represents a collective effort in filling the gap left in academic discussion. This book offers an in-depth appraisal of the impacts and contributions of international courts and tribunals to the development of UNCLOS since its entry into force in 1994. The book is timely, authoritative and thought- provoking. It will be of great interest to a wider readership, not only scholars and students working in the fields of public international law and the law of the sea, but also practitioners and relevant international organizations and institutions.’ -- Zhiguo Gao, Ocean Yearbook'The contribution of international courts to aspects of the law of the sea other than maritime delimitation is rarely studied. The present volume fills this lacuna, illustrating how judges and arbitrators have shaped the law and interpreted often ambiguous provisions of UNCLOS in important and controversial fields such as fisheries, islands, deep seabed mining, the ''genuine link'', hot pursuit, and historic rights. This fine work by an international team of experts throws light on topical issues of the law of the sea and on the role of international judges and arbitrators.' --Tullio Treves, Former Judge, The International Tribunal for the Law of the SeaTable of ContentsContents: Preface xi 1 General introduction 1 Øystein Jensen 2 The regime of islands 14 Sir Malcolm D. Evans and Reece Lewis 3 Revealing a mosaic: international jurisprudence concerning the non-fisheries elements of the exclusive economic zone regime 48 Robin Churchill 4 Legislative and enforcement jurisdiction of the coastal state with respect to fisheries in the exclusive economic zone 73 Nigel Bankes 5 Managing transboundary fish stocks for sustainability 104 Andrew Serdy 6 Obligations of flag states in the exclusive economic zone 139 Aldo Chircop 7 Deep seabed mining 168 Aline Jaeckel 8 ITLOS and the tale of the tenacious ‘genuine link’ 190 Moira L. McConnell 9 Hot pursuit 216 Knut E. Skodvin 10 Historic rights 244 Seokwoo Lee and Lowell Bautista 11 Reflections 262 Øystein Jensen Index 268

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Written by leading scholar Paul Todd, this Advanced Introduction draws on the author’s decades of experience researching and teaching maritime law, offering a clear and concise introduction to the core areas of the field. In addition to providing a primer on the substance, it explains the worldwide applications of English law, and surveys the sources of law and how to locate them. It also highlights some of the difficulties in interpreting the law and pinpoints which individuals have been instrumental in doing so, and in making and developing the law.Key features include: broad but concise coverage of international sales, carriage of goods by sea, marine insurance and admiralty law the provision of references and citations for further study exploration of the recent and likely future developments for the field. The Advanced Introduction to Maritime Law will be a key resource for students and non-specialist scholars of commercial law, transport law and maritime law, while also appealing to professionals with an interest in expanding their knowledge of the topic.Trade Review‘This short book covers the sort of introductory background and contextual material that often has to be crammed into the first week or so of maritime commercial law courses studied in the UK (in particular). “Maritime Law” is treated broadly so as to include international sales and marine insurance, as well as traditional carriage and Admiralty issues. The book will particularly suit international students, unfamiliar with the common law system, and uses simple, colloquial – sometimes even conversational – language.’ -- Professor Nick Gaskell, University of Queensland, Australia

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Written by leading scholar Paul Todd, this Advanced Introduction draws on the author’s decades of experience researching and teaching maritime law, offering a clear and concise introduction to the core areas of the field. In addition to providing a primer on the substance, it explains the worldwide applications of English law, and surveys the sources of law and how to locate them. It also highlights some of the difficulties in interpreting the law and pinpoints which individuals have been instrumental in doing so, and in making and developing the law.Key features include: broad but concise coverage of international sales, carriage of goods by sea, marine insurance and admiralty law the provision of references and citations for further study exploration of the recent and likely future developments for the field. The Advanced Introduction to Maritime Law will be a key resource for students and non-specialist scholars of commercial law, transport law and maritime law, while also appealing to professionals with an interest in expanding their knowledge of the topic.Trade Review‘This short book covers the sort of introductory background and contextual material that often has to be crammed into the first week or so of maritime commercial law courses studied in the UK (in particular). “Maritime Law” is treated broadly so as to include international sales and marine insurance, as well as traditional carriage and Admiralty issues. The book will particularly suit international students, unfamiliar with the common law system, and uses simple, colloquial – sometimes even conversational – language.’ -- Professor Nick Gaskell, University of Queensland, Australia

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Book SynopsisThis authoritative Research Handbook offers wide-ranging coverage of both traditional and emerging topics dealing with the regulation of ocean space and highlights the key academic debates around ocean governance. It provides a formidable interface between the 1982 UNCLOS Convention and the international law regulating ocean governance, while influencing its further evolution through suggestions for future research in the field.The Research Handbook on Ocean Governance Law demonstrates that governance of natural resources is instrumental for international peace and security, and that humankind’s well-being and its very resilience is intrinsically linked to the good governance of the ocean’s natural resources. Contributions from leading experts in the field include an innovative combination of both legal doctrine and case studies, with chapters looking into issues such as human rights, sustainability, maritime trafficking and terrorism.Providing a comprehensive and integrated approach towards ocean governance law, this important book will be an ideal resource for academics, researchers and students interested in environmental and international law. Legal advisors and policy makers working closely with ocean and maritime affairs will also find this a useful reference.Trade Review‘A welcome addition to the Elgar series of Research Handbooks in Environmental Law, this text is compelling and timely. Dealing with both familiar territory and emergent themes of contemporary interest and concern, the book is curated expertly. It provides a diverse and detailed examination of the socio-economic, as well as doctrinal, drivers and outcomes of the law and policy in what is becoming increasingly contested space. It is a valuable addition to the literature on this burgeoning area of contemporary interest and importance and is certainly well worth the attention of anyone involved in work related to the oceans.’ -- Jason Lowther, Environmental Law Review‘This timely Handbook provides a sweeping survey of the fragmented and fast-changing ocean governance seascape. Detailed guidance is offered for navigating the legal complexities surrounding five topics: maritime jurisdictional zones; marine environmental protection including pollution controls and conservation of living resources; implementation of an integrated approach; governance in support of the Blue Economy; and maritime security.’ -- David Vanderzwaag, Canada Research Chair in Ocean Law and Governance‘The authors and editorial team led by Professor Simone Borg have produced an outstanding Research Handbook on Ocean Governance Law. Based on their experience and expertise, leading colleagues have tackled key issues of ocean governance law. This has resulted in a Research Handbook with enormous added value for students, academics and practitioners.’ -- Kurt Deketelaere, KU Leuven, Belgium and University of Helsinki, FinlandTable of ContentsContents: Foreword xiv David Joseph Attard Preface and acknowledgements xvi List of abbreviations xvii Introduction to the Research Handbook on Ocean Governance Law 1 Simone Borg, Patricia Mallia Vella de Fremeaux and Felicity G. Attard PART I THE BLUE SPACE 1 A 50-year reflection on global ocean governance for protection of the marine environment 10 Nilüfer Oral 2 Maritime zones in international law 24 Danilo García Cáceres 3 Airspace, sovereignty and ocean governance 47 Roberto Cassar 4 Marine scientific research as a tool for ocean governance 59 Norman A. Martínez Gutiérrez 5 Dispute settlement and ocean governance 72 Vladyslav Lanovoy PART II THE BLUE PLANET 6 The International Convention for the Prevention of Pollution from Ships (MARPOL) 91 Malgosia Fitzmaurice 7 Land-based sources of marine pollution and dumping at sea 109 Meagan Wong and Niccolò Lanzoni 8 Ocean pollution from plastics 128 Jyothi Thomas 9 Noise pollution in the marine environment 151 Georgia Veldeki 10 Conservation of living marine resources 162 Elda Kazara-Belja PART III THE INTEGRATED APPROACH FOR SUSTAINABLE OCEAN GOVERNANCE 11 Ocean governance in an era of climate change 179 Simone Borg 12 Implementing the ecosystem approach through area-based management 205 Daniela Diz 13 The interaction between an Agreement on Biodiversity Beyond National Jurisdiction and the law of the sea 220 David M. Ong PART IV THE BLUE ECONOMY 14 Towards a more inclusive, systemic and multi-regulatory Blue Economy: the case of offshore wind energy 267 Sandra Cassotta 15 Advancing a sustainable Blue Economy – case study: fisheries governance in the Indian Ocean 283 Erika Techera 16 The submarine cable systems and landing stations in international law 295 Danilo García Cáceres 17 Carriage of goods by sea 316 Richard L. Kilpatrick, Jr. 18 The cultural heritage at sea 325 Ángeles Jiménez García-Carriazo PART V THE HUMAN SEA 19 Piracy and armed robbery 337 Andrew Mallia 20 Maritime terrorism and trafficking in weapons of mass destruction 348 John Hursh 21 Smuggling of migrants and trafficking in persons by sea 363 Patricia Mallia Vella De Fremeaux and Felicity G. Attard 22 Human rights at sea 381 Irini Papanicolopulu Bibliography 396 Index

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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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Book SynopsisThis fourth edition addresses certain developments, including the 1996 Protocol to the 1976 Limitation Convention, which have come into effect since publication of the previous edition. The chapters on limitation of liability for passenger claims and in relation to the carriage of goods have been updated, as has the chapter on limitation regimes worldwide. The book also focuses upon the practicalities of seeking to limit by reference to case law and procedural rules.Table of ContentsPART A: A COMMENTARY ON THE 1976 LIMITATION CONVENTION AND OTHER RELEVANT REGIMES 1. INTRODUCTION 2. HISTORICAL OVERVIEW OF LIMITATION IN THE UNITED KINGDOM 3. THE 1976 LIMITATION CONVENTION AND ITS 1996 PROTOCOL, 4. LIMITATION: PASSENGER CLAIMS, 5. ATHENS PROTOCOL 2002, 6. LIMITATION: CARRIAGE OF GOODS, PART B: COUNTRY ANALYSIS FOR LIMITATION OF LIABILITY FOR MARITIME CLAIMS.

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Book SynopsisWar, Terror and Carriage by Sea provides a comprehensive legal analysis of the law and practice relating to the impact of war or war related risks, terrorism and piracy on international commercial shipping. It includes a detailed review of: • International Hull Clauses, the Institute War and Strikes Clauses, and by the P&I Associations and War Risk Associations in respect of war, war related, terrorist and associated risks • The impact of the threat oroccurrence of such risks on international carriage by sea including a review of the principal time and voyagecharter forms • A detailed review of the December 2002 amendments to the SOLAS 1974 Convention and the regulations and provisions contained in the ISPS CodeTable of ContentsChapter 1. War and the Law Chapter 2. Civil War and Civil Commotion Chapter 3. Hostilities and Warlike Operations Chapter 4. Revolution, Rebellion and Insurrection Chapter 5. Terrorism Chapter 6. Hull and Machinery Cover Chapter 7. War Risks and Related Perils under the Hull Cover Chapter 8. Insured Perils under the Institute War and Strike Clauses Chapter 9. Capture and Seizure Chapter 10. Restraint Chapter 11. Detainment Chapter 12. Any Terrorist or any Person Acting Maliciously or from a Political Motive Chapter 13. Other Perils and Exclusions in the War Risk Cover Chapter 14. Duty of Good Faith Chapter 15. War and Frustration Chapter 16. War and Port Safety Chapter 17. War Risks Clauses Chapter 18. War Cancellation Chapter 19. Requisition Chapter 20. War Related Exceptions Chapter 21. Additional War Risk Premium Chapter 22. Terrorism- The International Response - Part 1 Chapter 23. Terrorism - The International Response - Part 2

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Book SynopsisPort State Control, Second Edition is a comprehensive publication dealing with the full implications and regulations of port State control. It provides a detailed analysis of the legal framework relating to port State control, including the most recent developments in this area. It covers not only the regional agreements on port State control and the EU legislation on this subject but also the background of the port State control process, its implications in practice and its effect on the ISM Code and the classification societies.The book covers topics such as: Amendments and changes to the regional port state control systems The addition of an appeal procedure to the Paris MOU Issues related to the ports of refuge and the urgency for authorities to draw up appropriate plans for places of refuge following the recent incidents The ISPS Code for maritime security in the light of newly recognised vulnerability against terrorist attacks Update to Equasis Progress with Qualship regime under US Port State Control system. This book will be an invaluable reference tool for shipping lawyers around the world. Table of ContentsChapter 1. Flag State Control: Background Chapter 2. The International Maritime Organisation (IMO) Chapter 3. Port State Jurisdiction Chapter 4. Introduction to Port State Control and IMO Guidelines Chapter 5. Regional Port State Control Agreements Chapter 6. Port State Control in the UK Chapter 7. The EU Directive on Port State Control Chapter 8. Equasis Chapter 9. The Erika, The Prestige and Effects on International Legislation Chapter 10. Port State Control in the US 11. The International Safety Management (ISM) Code Chapter 12. Classification Societies Chapter 13. Practical Implications of Port State Control

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Book SynopsisCommencement of Laytime is the only in-depth examination and discussion concerning the most important financial aspect of laytime which can affect all voyage charter parties and international contracts for the sale of goods. The information is presented in a style which is readable by ship operators, traders and other lay persons as well as legal professionals.Table of ContentsIntroduction- General Requirements of English Law Chapter 1. Arriving at the Agreed Destination Chapter 2. Special Clauses Relevant to Arriving at the Destination Chapter 3. Breaches of Contract/Damages Relevant to Arriving at the Destination: Implied Terms Chapter 4. Readiness Chapter 5. Special Clauses/Breaches of Contract/ Damages Relevant to Readiness (Including Draught and Bills of Lading and Fault of Owners) Chapter 6. Notice of Readiness Including Relevant Special Clauses and Acceptance of Notice of Readiness Chapter 7. Miscellaneous Matters

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Book SynopsisThe book examines and analyses in depth the specific issues which are currently occupying the marine insurance markets and the law. The London market is currently re-examining its practices and international competitiveness; and the English case law is growing significantly. The issues identified in the book are the “fundamental issues” on which marine insurance law is based, and which are in the process of being re-examined and developed further to respond to the needs of modern insurance practice. They are of wider interest to insurance law in general and the evolution of English law is analysed against the backdrop of legal developments in Europe and Scandinavia.Table of ContentsChapter 1. Trends in the Interpretation of Marine Insurance Contracts Chapter 2. Insurable Interest- Accelerating the Liberal Spirit Chapter 3. Pre-Contractual Duty of Utmost Good Faith- Materiality and Remedies Chapter 4. The Post-Contractual Duties of Good Faith in Marine Insurance Policies: The Search for Elusive Principles Chapter 5. Classification of Terms in Marine Insurance Contracts in the Context of Contemporary Developments Chapter 6. The New London Market Principals' Slip Chapter 7. The International Hull Clauses 2003 Chapter 8. Comparative Marine Insurance Law: Highlighting the Significant Features of Marine Insurance Law in Belgium and Other Selected European Legal Systems Chapter 9. Comparative Lessons Derivable from the Norwegian Marine Insurance Plan 1996 Chapter 10. The Marine Insurance Act 1906: Judicial Attitudes and Innovation - Time for Reform?

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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 SynopsisThis fourth edition is a detailed but easy-to-follow account of the constitution, workings and daily practice of protection and indemnity clubs. Designed to be a practical reference source for anyone who is in any way involved with mutual insurance, it offers comprehensive guidance on the complex area of P&I Clubs. The new fourth edition has been fully revised and updated since the last edition was written in 1999. New areas emphasised in the fourth edition include: • Piracy • Charterers’ liability insurance • Defence Cover • Disputes concerning the Inter-Club Agreement • Enforceability of arbitration agreements in the Club’s Rules. • The Club’s obligation to (i) make direct payments under certificates, (ii) pay death/ personal injury claims in the event of a member’s insolvency, and (iii) make indivisible personal injury claims.Table of ContentsChapter 1. Introduction and History Chapter 2. Structure of a Modern P&I Club Chapter 3. Directors and Managers Discretion Chapter 4. Entry Chapter 5. The Contract of Membership Chapter 6. Club Membership Chapter 7. Underwriting Chapter 8. Calls and Club Funds Chapter 9. Introduction to P&I Cover Chapter 10. Risks Covered Chapter 11. Warranties and Club Cover Chapter 12. General Exceptions and Limitation to Club Cover Chapter 13. Claims: The Role of the Club Chapter 14. Security: Club Letters of Undertaking Chapter 15. The Inter-Club Nype Agreement Chapter 16. The Club's Right of Subrogation Chapter 17. Direct Action Against P&I Clubs Chapter 18. Notification of Claims Chapter 19. The Member's Duty to Sue and Labour Chapter 20. The "Pay to be Paid" Rule Chapter 21. Disputes and Jurisdiction Clauses Chapter 22. Duration of Club Cover Chapter 23. Termination of Club Membership Chapter 24. P&I Clubs Reinsurance and the International Group of P&I Clubs Chapter 25. Charterers' P&I Cover Chapter 26. Defence Cover Chapter 27. Direct Liability Under International Convention Certificates Chapter 28. Recommended Clauses

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Book SynopsisThis book is based on papers presented at the Sixth International Colloquium organised by the Institute of International Shipping and Trade Law, Swansea University, in September 2009. The sixteen contributions have been written by a team of international experts who collectively submit the newly proposed Rotterdam Rules to asustained, penetrative and comprehensive analysis. The scale of the Rotterdam Rules is staggeringly wide, as also are their detail and complexity, and coming to a full understanding of the provisions and implications ofthe Rules represents a challenge even to those experienced in the law and practice of commercial shipping. This book examines virtually all aspects of the Rules and will provide an effective, reliable and readable guide to everyone seeking a complete grasp of the Rules.Table of ContentsChapter 1. The Emergence and Application of the Rotterdam Rules Chapter 2. From Treaty to Trial- The Implementation of the Rotterdam Rules Chapter 3. Interpreting the International Sea-Carriage Conventions: Old and New Chapter 4. Freedom of Contract and the Rotterdam Rules: Framework for Negotiation or One-Size Fits-All? Chapter 5. Minimal Music: Multimodal Transport Including a Maritime Leg under the Rotterdam Rules Chapter 6. The Duties of Carriers under the Conventions: Care and Seaworthiness Chapter 7. Package Limitation as an Essential Feature of the Modern Maritime Transport Treaties: A Critical Analysis Chapter 8. Exclusions of Liability Chapter 9. Misdelivery Claims under Bills of Lading and International Conventions for the Carriage of Goods by Sea Chapter 10. Some Remarks on the Allocation of the Burden of Proof under the Rotterdam Rules as Compared to the Hague (Visby) Rules Chapter 11. Duties of Shippers and Dangerous Cargoes Chapter 12. Deck Cargo: Safely Stowed at Last or Still At Sea? Chapter 13. Transport Documents under the International Conventions Chapter 14. Electronic Documents and the Rotterdam Rules Chapter 15. Impact of the Rotterdam Rules on the Himalaya Clause: The Port Terminal Operators' Case Chapter 16. Jurisdiction and Arbitration

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Book SynopsisThe South China Sea Arbitration, which marks the first time that the Philippines and China have been parties to a compulsory dispute settlement procedure, is a landmark legal case. The Tribunal tackled head-on critical issues in the interpretation and application of the UN Convention on the Law of the Sea that other international courts have failed to address, particularly the compatibility of historic rights with the Convention, the identification of maritime features as permanently submerged or above water at high-tide, and the distinction between features that are fully entitled to maritime zones and those that are not. In addition, the Tribunal also had to decide on issues as diverse as near-collisions at sea, illegal fishing of giant clams and sea turtles, and the destruction of fragile coral reefs resulting from island-building. The Tribunals task was rendered arduous by Chinas refusal to appear before it. In these circumstances, understanding the Tribunals decisions is a challenging undertaking. Chinas public relations campaign targeting the proceedings raised issues that the layperson could readily grasp, notably African states support for its non-appearance, the integrity of the judges, and the validity of arbitral awards. Understanding the Awards and Debating with China aims to facilitate understanding of the South China Sea Arbitration by presenting detailed summaries of the two Arbitral Awards. The author rebuts the questionable claims raised by Chinas public relations campaign and highlights Chinas covert actions during the proceedings.

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Book SynopsisThe governance of seas and oceans, defined as all forms of social participation in decision-making on the marine environment, is here mainly from a legal perspective view with the Law of the Sea as a determinant. The book presents the main aspects of maritime law and the history of its construction. The exploitation of living resources, minerals and marine energy reserves, maritime transport, marine ecosystems disturbance by a vessel traffic constantly increasing, are included.Table of ContentsForeword xi Chapter 1. Transformations in International Law of the Sea: Governance of the “Space” or “Resources”? 1Florence GALLETTI 1.1. Introductory remarks 1 1.2. The importance of marine spaces in International Law of the sea 2 1.2.1. Definitions of International Law of the sea: a keystone of the governance of maritime spaces 2 1.2.2. Marine spaces considered by law: the interest of qualifying maritime zones 4 1.2.3. Development of legal control over certain marine spaces: a phenomenon both ancient and renewed 6 1.2.4. Maritime zones near and far from coasts: a distinction established between systems of sovereigntyand those of jurisdiction 9 1.3. Place accorded to resources located at sea in the International Law of the Sea 15 1.3.1. Separate treatment for non-living marine resources and fished living marine resources 15 1.3.2. Biological resources at the heart of the overlap between environmental law, biological diversity law, the Law of the Sea and fishing law 20 1.3.3. Indirect treatment of resources through ecosystem quality conservation policies 29 1.4. Conclusion 33 1.5. Bibliography 34 Chapter 2. The Governance of the International Shipping Traffic by Maritime Law 39Cécile DE CET BERTIN and Arnaud MONTAS 2.1. Introduction 39 2.1.1. Meaning and definition of maritime law 40 2.1.2. Fundamental principles of maritime law 40 2.1.3. General sources of maritime law 41 2.2. Legal instruments of governance: institutions and sources of maritime transport law 45 2.2.1. Development of international regulations 46 2.2.2. European maritime transport regulations 56 2.3. Legal results of governance: maritime contracts 61 2.3.1. Maritime chartering contracts 61 2.3.2. Maritime transport contracts 63 2.3.3. Maritime insurance 69 2.4. Bibliography 75 Chapter 3. Marine Pollution: Introduction to International Law on Pollution Caused by Ships 77Véronique LABROT 3.1. Introduction 77 3.2. Preventing pollution by ships 79 3.2.1. Spatial preconditions: acknowledgment of protected maritime zones 79 3.2.2. Safe routes: the organization of maritime traffic in question 83 3.2.3. Clean routes: design and management of the ships in question 86 3.3. Intervention in the event of accidents or risk of accidents 94 3.3.1. Preparedness via the OPRC convention 95 3.3.2. From the 1969 IMO convention on intervention to article 221 of UNCLOS 96 3.4. Reparations in the event of damage caused by pollution 98 3.4.1. The prioritizing of reparations for pollution by hydrocarbons 98 3.4.2. The IMO Civil Liability Convention and FIPOL 1992 100 3.5. Bibliography 105 Chapter 4. Management and Sustainable Exploitation of Marine Living Resources 107Annie CUDENNEC and Olivier CURTIL 4.1. European policy on the sustainable exploitation of marine living resources 107 4.1.1. The European Union and the sustainable exploitation of marine living resources: a long and complicated history 108 4.1.2. Fundamental principles of common fisheries policy 116 4.1.3. Definition of an economic framework for sustainable exploitation of marine biological resources 126 4.2. French policy on sustainable exploitation of marine living resources 134 4.2.1. Fundamental principles of French policy 135 4.2.2. Instruments of French fishery policy 148 4.3. Bibliography 157 Chapter 5. Marine Renewable Energies: Main Legal Issues 159Nicolas BOILLET and Gaëlle GUEGUEN-HALLOUET 5.1. Introduction 159 5.2. French policy for the development of marine renewable energies: foundations and instruments 162 5.2.1. The international and European foundations for the development of renewable energies 162 5.2.2. The planned and scheduled development of MRE 168 5.3. The gradual development of a legal framework for ocean renewable energy 177 5.3.1. Access to the marine renewable energies market 177 5.3.2. A legal framework that leads to many uncertainties 192 5.4. Conclusion 198 5.5. Bibliography 199 Chapter 6. Socio-economic Evaluation of Marine Protected Areas 203Frédérique ALBAN, Jean BONCOEUR and Jean-Baptiste MARRE 6.1. Introduction 203 6.2. Methods 207 6.2.1. Project analysis methods 207 6.2.2. Methods for measuring non-market values 212 6.2.3. Bioeconomic models 217 6.3. Difficulties and adaptations 221 6.3.1. Difficulties in measuring non-market values 221 6.3.2. Difficulties in implementing operational bioeconomic models of MPAs 224 6.4. Use of socio-economic evaluation of MPAs in practice 227 6.5. Bibliography 230 Chapter 7. Integrated Management of Seas and coastal areas in the Age of Globalization 235Yves HENOCQUE and Bernard KALAORA 7.1. Introduction 235 7.2. The context for integrated management practices 236 7.2.1. From coastal heritage to the planet ocean 236 7.2.2. A forward-thinking international impetus 239 7.2.3. How do coastal and maritime areas lend themselves to the globalization game? 241 7.2.4. The third forgotten path: common pool resources 242 7.3. The ecosystem approach: dynamic interactions between societies and ecosystems 245 7.4. Multi-dimensionality and expertise 249 7.5. Linkage of scales and concepts 252 7.6. Where do we stand on integrated management of the sea and coastal areas? 254 7.6.1. Climate change, destitution and the increased vulnerability of ecosystems 254 7.6.2. Persistent poverty and inequality in many parts of the world 255 7.6.3. Increasing threat of insecurity 256 7.6.4. Impacts of the global financial crisis 256 7.6.5. Unfair trade of marine products, the absence of capabilities and effective structures for theredistribution of benefits 257 7.7. Toward new challenges and new forms of governance 258 7.7.1. National strategies for integrated management of the sea and coastal areas 260 7.7.2. Implementation of the ecosystem approach for integrated management of areas beyond national jurisdictions 268 7.7.3. Hurdles to overcome 270 7.7.4. Size and limits of global expertise 272 7.8. Conclusion 273 7.9. Appendix: some proposals for global governance of seas and coastal areas 275 7.9.1. Strategic requirements at national and local levels 275 7.9.2. Strategic orientations at a regional level 276 7.9.3. Strategic operations for areas outside of national jurisdiction 276 7.10. Bibliography 277 Chapter 8. Ocean Industry Leadership and Collaboration in Sustainable Development of the Seas 281Paul HOLTHUS 8.1. Ocean industry sustainability: challenges and opportunities 281 8.2. Status and trends in economic use of marine space and resources 282 8.2.1. Shipping 283 8.2.2. Offshore oil and gas 284 8.2.3. Fisheries 286 8.2.4. Aquaculture 287 8.2.5. Offshore wind and ocean energy 288 8.2.6. Marine, coastal and cruise tourism 289 8.3. Catalyzing international ocean business leadership and collaboration 290 8.4. Smart oceans–smart industries: industry leadership to build ocean knowledge 292 8.5. Ocean industry leadership and collaboration for a sustainable ocean future 295 8.6. Bibliography 295 List of Authors 297 Index 299

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Book SynopsisThis new work presents a comprehensive approach to an age old disruption of the order of the oceans that was known to ancient Greece, Persia, the first Indian Empire, the Han Dynasty of China and the early European maritime powers. Many of the norms proscribing piratical acts that are codified in contemporary international law are vestiges of those earlier periods. Yet contemporary maritime piracy is more complex and intense. The International Maritime Bureau of the International Chamber of Commerce reported 439 reports of actual piracy attacks in 2011, most Somali based, and a higher number of attempts. This book presents perspectives on the problem by contributors from four continents, diverse legal cultures, and multiple disciplines. This volume appraises piracy from the comparative perspectives of those disciplines and from the standpoint of key participants in the social processes that are plagued by piracy-mariners, navies, ship owners and operators, policy makers and lawyers. Decision-making and operational measures cannot be separated from piracy's origins and continuing social impact. Thus the contributors bring clarity to the problem through the lenses of history, development, law, maritime security, fisheries, economics and ocean commerce. Maritime piracy initiatives are generating a great number of operational and institutional counter-measures and the diversity of stakeholder interests often complicates proposed solutions. Against that backdrop the contributors examine strategies - the range of available modalities to address and correct the problem - through the lenses of naval power, port state control, penal systems and development. And they appraise law - both national and international authoritative decision-making - viewing state practice, international regulations, tribunal judgments, custom and international conventions from the comparative perspectives of Africa, India, England, France and the United States. Piracy in Comparative Perspective is a collaboration of the Centre for Maritime and Oceanic Law (CDMO) of the University of Nantes (France) and the Center for Oceans and Coastal Law of the University of Maine School of Law (United States), prepared under the direction of Professor Charles H. NORCHI and Dr. Gwenaële PROUTIERE-MAULION.Table of ContentsThe Piracy Problem: The Puntland Perspective The President of Puntland State of Somalia His Excellency Abdirahman Mohamed MOHAMUD (FAROLE) Introduction Piracy in Comparative Perspective I. The Problem and the Trends 1. The Enemy of All Mankind Dominique GAURIER 2. Plague of Pirates – A Primer Tom TULLOCH 3. The Tuna Fishery and Piracy E. CHASSOT, P. GUILLOTREAU, D. KAPLAN, T. VALLÉE 4. Concerns, Consequences, and Resolutions to Somali Piracy Martin MURPHY II. Participants and Perspectives 5. Seafarers: Piracy Protection Patrick CHAUMETTE 6. Shipowners: the Piracy Challenge Simon DELFAU 7. The Shipping Industry and Piracy Arthur BOWRING and Alexander MCKINNON 8. The Indian Subcontinent and Counter-Piracy: The Indian Perspective Fozia NAZIR LONE 9. Perspectives From Central and West Africa Claude KIRONGOZI ICHALANGA III. Strategies 10. Comparative Counter-Piracy Strategy: European, American, African, and Asian Approaches James KRASKA 11. Operation Atalanta Cédric LEBOEUF 12. Port State Control Z. OYA ÖZÇAYIR 13. The Global Insurance Industry Poomintr SOOKSRIPAISARNKIT 14. The Role of Media and Communications Edward GIRARDET IV. Law 15. Challenges of Jurisdiction and Prosecution Michael J. STEPEK 16. The New French Law on Piracy Valérie BORÉ EVENO 17. United States Law on Piracy Timothy STEIGELMAN 18. A Holistic Approach to Piracy: Toward a Public Order of Human Dignity through Corporate Social Responsibility Gwenaële PROUTIÈRE-MAULION Conclusion Piracy and the Public Order of the Oceans Charles H. NORCHI

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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 SynopsisCompiled by the United Nations Office of Legal Affairs, this bibliography covers 20 subject categories based on the major topics of the United Nations Convention of the Law of the Sea. It is intended for the use of those interested in ocean affairs and the law of the sea matters in general and in the UN Convention on the Law in the Sea

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Book SynopsisOpposite pages bear duplicate numbering

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Book SynopsisThe most important of Tommy Koh's writings on the Law of the Sea are brought together in Building a New Legal Order for the Oceans. As the president of the third United Nations Conference on the NUS Convention on the Law of the Sea (UNCLOS), he shares his unique perspective on the UNCLOS negotiation process, and the concepts, tensions and intentions that underlie today's Law of the Sea. There could be no better guide to this aspect of international law than Koh.UNCLOS contains the modern law of the sea. It has been called a constitution for the oceans. It contains many new concepts of international law, such as, the Exclusive Economic Zone, Archipelagic State, Straits Used for International Navigation, Transit Passage, Archipelagic Sealane Passage, the Common Heritage of Mankind. Koh explains these and other concepts.Peace at sea is made possible by UNCLOS. Koh discusses current threats to maritime security. He explains the intricacies of the disputes in the South China Sea. What can be learned from the success of UNCLOS? How can we build on that success, and manage the new tensions that arise in the Law of the Sea?Trade Review“The great merit of the publication lies in the fact that a better classification of UNCLOS as an outstanding milestone in the development of the law of the sea is made possible…. The discussion of a number of disputed issues [helps] to better understand the regulations concerned and facilitate their interpretation and application.” - Connections Journal

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