Public international law: law of the sea Books
Kluwer Law International Resolutions and Statements of the United Nations Security Council (1946-2000): A Thematic Guide
£111.72
Kluwer Law International Decisions of the World Court Relevant to the UN Convention on the Law of the Sea: A Reference Guide
£138.32
Taylor & Francis Ltd New Technologies Artificial Intelligence and
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.
£199.50
Taylor & Francis Ltd Transport Documents in Carriage Of Goods by Sea
Book SynopsisBringing a fresh, comparative approach to transport documents used in the carriage of goods by sea, this book covers bills of lading, sea waybills, ship's delivery orders, multimodal transport documents, and electronic transport documents. The book covers historic developments, current conventions, and thoughts for the future on these transport documents; and delves deeply into the legal issues concerning them. It represents a comprehensive compilation of case and statute law from around the world on this subject. In addition to English law, the book covers American, French, German, and Italian laws, as well as the laws of several East Asian jurisdictions (China, Japan, South Korea). Primarily, the book will be of use to maritime law scholars and students, and lawyers who deal with shipping. It may also be of interest to international traders, banks, and ship masters and officers.Trade ReviewThis valuable, scholarly monograph represents a unique study of transport docu>ments in the carriage of goods by sea, contributing immensely and systematically to knowledge and understanding in the respective legal field. The book contains a number of fresh ideas, and in some parts challenges some of the well-established concepts that are considered settled in law. The book is a modern and comprehensive textbook and a valu>able manual for solving theoretical and practical problems for all those who come into contact with transport documents and contracts of carriage of goods by sea. Dr. sc. Vesna Skorupan WolfTable of ContentsABBREVIATIONS PREFACE 1. INTRODUCTION AND HISTORY 2. DEFINITION AND FUNCTIONS OF BILL OF LADING 3. ISSUANCE AND CONTENTS OF THE BILL OF LADING 4. THE BILL OF LADING AS A RECEIPT 5. THE BILL OF LADING AS A CONTRACT 6. BILLS OF LADING UNDER TIME CHARTER 7. BILL OF LADING AS DOCUMENT OF TITLE 8. DELIVERY OF THE GOODS UNDER BILLS OF LADING 9. THE ROLE OF THE BILL OF LADING IN INTERNATIONAL TRADE 10. THE SEA WAYBILL 11. SHIP’S DELIVERY ORDER 12. MULTIMODAL TRANSPORT DOCUMENTS 13. ELECTRONIC TRANSPORT DOCUMENTS 14. FUTURE DIRECTIONS IN THE DEVELOPMENT OF TRANSPORT DOCUMENTS
£166.25
Taylor & Francis Ltd Codification of Maritime Law Challenges
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
£166.25
Taylor & Francis Ltd International Maritime Conventions Volume 1 The
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
£237.50
Taylor & Francis Ltd Offshore Contracts and Liabilities Maritime and
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?
£380.00
Taylor & Francis Inc Shipping Law Handbook
Book SynopsisAnyone who deals with shipping disputes requires access to a mass of source materials. These include international conventions, statutes and statutory instruments, arbitration rules, and the most commonly encountered bills of lading, charterparties, insurance clauses, guarantees and other contracts. Details of the parties to the international conventions are also required. The Shipping Law Handbook collects all this material in one convenient and easy-to-use volume.The Handbook deals with the following areas: arrest, jurisdiction and applicable law; arbitration; limitation of liability; cargo claims; collision; marine insurance; oil pollution; salvage, toward and general average; standard forms. Each section has an introduction which gives a brief overview of the materials included, setting them in their context, and noting probably future developments. The Handbook has been fully revised for this sixth edition. New items include: the European Judgments Regulation (Recast) 2012, the LMAA Terms 2017, the Insurance Act 2015, the York-Antwerp Rules 2016, the Inter-Club Agreement 1996 (amended 2011), Barecon 2017, Congenbill 2016, NYPE 2015 and updated lists of parties to international conventions.The Handbook is a highly practical work, which anyone involved in shipping will wish to keep conveniently to hand. It is an essential reference work for shipping lawyers, arbitrators, P&I Clubs and their correspondents, shipowners, ship masters, agents and brokers.Trade Review...a comprehensive Handbook of the statutes, statutory instruments, international convention, arbitration rules and standard shipping documents most frequently (and generally) relied on in both the study and practice of contentious shipping law....the handbook includes an invaluable introduction for each part on the critical issues arising within the area of practice to which part relates, imparted from the author’s own extensive experience.Whilst the book is firmly focused on practicality and is amed at legal and trade practitioners, it is also a useful source of reference for law students, who often lack an awareness of the ‘real’ shipping world in which the law they are studying is applied. All in all, it provides a superb collection of the materials essential to the busy shipping practitioner’s life and which students coming to this area should be familiar. Susan Hawker, University of Notre Dame, London Law Programme, Warsash Maritime Academy (Solent University: (2019) 25 JIMLTable of ContentsPart A: Arrest, Jurisdiction and Applicable Law Part B: Arbitration Part C: Limitation of Liability Part D: Cargo Claims Part E: Collision Part F: Marine Insurance Part G: Oil Pollution Part H: Salvage, Towage and General Average Part I: Standard Forms
£380.00
Taylor & Francis Ltd Berlingieri on Arrest of Ships Volume II
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
£380.00
Taylor & Francis Ltd Maritime Liabilities in a Global and Regional
Book SynopsisMaritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 13th International Colloquium at Swansea Law School in September 2017. 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 maritime liabilities. The book is set out in two parts:- Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities- Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.Table of ContentsPart 1: Maritime Liabilities: Boundaries and Limitation 1. A future liability convention in the offshore sector - could it be inspired by the tanker oil spill regime? 2. International and national oil pollution regimes: their coexistence in continental Europe after the Erika and Prestige incidents 3. Compensation and liabilities for oil spills from FPSOs and similar storage craft 4. Temporal Limits of the Athens Regime- Potential Conflicts between International and Domestic legal regimes 5. Smart containers: the smarter, the more scope for liability? 6. Wreck Removal – Nairobi and Beyond 7. Safe and Environmentally Sound Ship Recycling – Is There a Case for Liability Claims? 8. Cyber Risk, Liabilities and Insurance In the Marine Sector 9. Is it a ship or not? If not - then what is it? 10. Limitation of Liability: Recent Important Developments in the United Kingdom and other Common Law Jurisdictions 11. The Law of Wrecks and Belgian Limitation 12. Direct Action against Insurers and P & I Clubs Part 2: Enforcement of Maritime Liabilities and Related Issues 13. The Arrest Conventions: An Update Needed? 14. Jurisdiction and applicable law after Brexit 15. International Arbitration and maritime Cross-Border Insolvency: A Sensible Interaction
£380.00
Taylor & Francis Ltd Maritime Law and Practice in China
Book SynopsisA comprehensive treatment of Chinese maritime law and judicial practice, this book covers both substantive law and procedure law of maritime law in mainland China. This is a professional book for both academics and practitioners in the field of maritime law. Including analysis of and comment on judicial practice from the Supreme People's Court, Higher People's Courts and ten maritime courts, as well as a whitepaper of Chinese maritime adjudication for 30 years (1984-2014), this brings to an English-speaking audience for the first time some of the most technical aspects of maritime law. It is therefore an invaluable resource for all those interested in maritime law in China.Trade Review"This is an especially useful book on an increasingly important subject-the application, interpretation and outworking of maritime law in the People's Republic of China (PRC)...The authors must be congratulated on their hard work in pooling together so many PRC cases and weaving them so expertly into the body of legal rules."The Journal of International Maritime Law"[Maritime Law and Practice in China] is comprehensive, well-informed and well-arranged, and will be an important source of information for foreign practitioners in the increasing numbers of maritime cases before the Chinese courts and arbitration tribunals."Ian Gaunt, President of the LMAATable of ContentsPART I: Substantive Maritime LawChapter 1: Introduction to Chinese Maritime LawChapter 2: ShipsChapter 3: Master and SeamenChapter 4: CharterpartiesChapter 5: Bill of Lading- FunctionsChapter 6: Bill of Lading- PartiesChapter 7: Bill of Lading- Obligations, Liabilities, and LimitationsChapter 8: Freight Forwarding and Muiltimodal TransportChapter 9: Carriage of Passengers by SeaChapter 10: Towage ContractsChapter 11: Collision of ShipsChapter 12: Salvage at SeaChapter 13: General AverageChapter 14: Limitation of Liability of Maritime ClaimsChapter 15: Marine InsuranceChapter 16: Marine PollutionChapter 17: Applicable Law and Time LimitsPART II: Maritime Procedure LawChapter 18: Introduction to Chinese Maritime Procedure Law and the Chinese Court SystemChapter 19: Maritime JurisdictionsChapter 20: Preservation of Maritime ClaimsChapter 21: Maritime InjunctionChapter 22: Preservation of Maritime EvidenceChapter 23: Maritime SecurityChapter 24: Procedures for Trail, Constitution of Limitation Fund for Maritime Claim, Recognition and Payment of Debts, Exigence of Maritime LienChapter 25: Conflict of lawsChapter 26: Maritime Arbitration, Conciliation and Recognition and Enforcement of Foreign Arbitration Awards and Foreign JudgmentsAnnex I Maritime Code of the People’s Republic of ChinaAnnex II Special Maritime Procedure Law of the People’s Republic of China
£308.75
Taylor & Francis Ltd Cartner on the International Law of the
Book SynopsisThis unique book rethinks and rewrites the previous edition. It categorises simply the nine interactive legal duties of the shipmaster, analysing and relating them to laws and conventions within a single volume.Cartner on the International Law of the Shipmaster contends that command depends on decision-making, and that shipmasters are not provided sufficient, timely, relevant, and pertinent information for command decisions. The book proposes voyage planning follow the spacecraft model of the USA''s National Aeronautics and Space Administration, providing readers with a metric for command. It constructively criticises the conventions and management and is aimed at reducing catastrophes by focusing on the hitherto elusive human factor in the shipmaster. Cartner proposes that command at sea be its own profession and discipline with those called to it specifically trained in its intricacies; he argues that current ships are not designed to be command-worthy or security-Trade ReviewThis book deals with the legal position of the shipmaster, but also with the future of this position. The current legal position of the shipmaster, as well as the impact of a changing world on the concept, coined as ‘new command at sea for the civil commander’ is a fascinating and not overly explored territory. John A. C. Cartner is exceptionally qualified to write about the present and new command at sea. He is a graduate of the U.S. Merchant Marine Academy at Kings Point, New York, U.S.A, and has commanded vessels conducting international trading. Moreover, he has magisterial degrees in finance and international law, while his doctoral training was in quantitative methods of research. He is a member of the District of Columbia Bar Association and of the Law Society of England and Wales. He has published widely about maritime issues.In July 2022 the book from Captain John A.C. Cartner was published. The name of this comprehensive book is: ‘Cartner on the International Law of the Shipmaster; on the New Command at Sea’. This book is the successor of the book ‘The International Law of the Shipmaster’ (2009) by John Cartner (et al).References to the well-known first edition are made in the new book, which comprises a wide-ranging review of maritime conventions, laws, regulations and jurisprudence governing the shipmaster on board his vessel. This book labels the legal duties of the shipmaster in an appropriate way. Although just released, this book will become a classic work in maritime and shipping law, worldwide.The book is a unique source of reference for the shipmaster by providing a legal background for the decisions he has to make. In addition, maritime lawyers, shipowners, ship operators, P&I Clubs, governmental departments and students may use this distinctive volume as a reliable and extensive handbook. In the first two chapters, Cartner uses and explains the term ‘civil commander’ as a substitute for the shipmaster of a vessel. He describes what a civil command is and must become, while he redefines modern civil command at sea and repositions it for the current and rapidly evolving technological times. The civil commander must be brought into the overall trade and transport system as a partial solution to some of the perplexing problems posed around the current maritime trade system. Two chapters of the book are written about the civil commander as a person and function, while eight chapters deal with duties of this function. The person of the shipmaster is described and explained as well. The shipmaster must be fit, self-competent and command-worthy according to Chapter 8 of the book.The book has some unique points of view, regarding the position of the shipmaster. The insights Cartner provides are very useful aids to the decision-making-process for the modern civil commander at sea. Some of these unique points are described here as an illustration.Cartner states that the civil commander at sea is a specific profession and discipline. He argues that current ships are not designed to be command-worthy or security-worthy and that management ashore should reorder its relationships with shipmasters as tactical managers afloat. Another interesting issue is that Cartner argues that command depends on decision-making, and that nowadays the shipmaster is not always provided with sufficient, timely, relevant, and pertinent information for his command decisions. The book comprises criminalisation of the shipmaster, but also maritime security such as piracy, refugees, stowaways and maritime law enforcement by navies and coastguards.The book proposes to use special developed computer models of precise voyage preplanning and control, with a plan developed by the management ashore supporting the shipmaster at sea for an exact record of every command decision planned and executed for the voyage.One may say that the position of the shipmaster, crossing so many overlapping jurisdictions with different precedence’s, maritime zones and national maritime legislations is one of the most complicated functions from a legal point of view. The book is a great help to analyse the varying legal positions of the shipmaster.The last chapter of the book considers the nearby future of the shipmaster, based upon technological changes. With the current technology the buzzwords are no longer command–communications–computing and cost but command–communications–computing–cost and cover; cover is defence of the vessel. Vessels can be designed with artificial intelligence features, while augmented intelligence may assist commanders in taking decisions. Thus, the civil commander, the command-worthy vessel, complete information and central mission planning and control can eliminate catastrophes and reduce the frequency of disastrous incidents, according to Cartner.This book is an invaluable reference for shipmasters, maritime lawyers, and students of maritime law. The book describes the most relevant international maritime agreements and as most of the national maritime legislations of coastal and flag states originates from these agreements, the book can be used globally. Possessing this book may give some peace of mind knowing that almost all legal knowledge about the shipmaster has been made accessible by this book. Therefore, this complete, influential and trustworthy book can be recommended to all interested in the maritime realm, worldwide. A new classic maritime book has been born.Peter van der KruitThe NetherlandsTable of ContentsPrologue : The Civil Commander, Chapter 1 : THE DUTY OF SELF :Toward the Compleat Civil Commander at Sea, Chapter 2: THE DUTY TO PUBLIC AUTHORITY: The Regulatory Regime of Command at Sea, Chapter 3: THE DUTY TO PRIVATE AUTHORITY: The Private Tactical Mission in Command at Sea, Chapter 4: THE DUTY TO THE VESSEL: The Command-worthy Vessel and Commander at Sea, Chapter 5: THE DUTY TO CARGO: The Duty Safely to Carry and Contain, CHAPTER 6: DUTY TO LIFE, Chapter 7: DUTY TO THE VOYAGE: The Voyage is the Mission, Chapter 8: DUTY TO THE ENVIROMENTS: Air and Ocean, Inside and Out, Ch. 9: EPILOGUE: The Duty to Information and the Steps to Change
£380.00
Taylor & Francis Ltd Marine Cargo Insurance
Book SynopsisThe new edition of this British Insurance Law Association (BILA)-award winning text is the definitive reference source for marine cargo insurance law. Written by an author who was closely involved with the revisions to the Institute Cargo Clauses 2009, the work expertly examines marine cargo insurance by reference to important English and foreign legal cases as well as the Marine Insurance Act 1906. Logically arranged to reflect the structure of the Institute Cargo Clauses, the most widely used standard form of cover, this text offers easy to find solutions for today's busy practitioner. New to this edition: Completely revised to include the Insurance Act 2015 (duty of fair presentation; warranties, fraudulent claims) Brand new chapter on the revised Institute Ancillary and Trade Clauses, including those to be introduced on 1 November 2015 Increased coverage of jurisdictionTable of Contents1. History and Definition of Marine Cargo Insurance 2. Law and Jurisdiction Clauses 3. Open Covers, Policies and Certificates of Insurance 4. Insurable Interest and the Indemnity Principle 5. Good Faith, Non-Disclosure and Misrepresentation and the Duty of Fair Presentation 6. Warranties, Conditions and Exclusions 7. Causation 8. All Risks and Exclusions 9. Named Perils Cover and Insurance for Specific Trades, Commodities and Transits 10. War, Strikes, Terrorism and Rejection Risks 11. Duration of the Insurance 1: The Transit Clause 12. Duration of the Insurance 2: Termination of Carriage and Change of Voyage 13. Claims and Losses 14. Recoverable Expenses and Liabilities: Sue and Labour, Salvage, General Average and Collision Liabilities 15. Measure of Indemnity 16. Subrogation, Double Insurance and Rights of Contribution
£475.00
Taylor & Francis Ltd Modern Law of Marine Insurance Volume 2
Book SynopsisThis volume focuses on current issues affecting the market with regard to marine insurance. Written by a team of leading academics and practitioners, it analyzes the contemporary questions and debates in the law arising out of market practice and provides an up-to-date analysis of the law of marine insurance.Topics covered include:- held covered clauses, incorporation of terms into reinsurance contracts, valued policies, insurable interest, warranties, wilful misconduct, counter-claims by insurers and jurisdiction. It also provides an comparative analysis of the law and practice in Europe, Australia and the USA. Cumulatively the contributions provide a comprehensive statement of the modern law and practice of marine insurance.Table of ContentsChapter 1. Held Covered Clauses Professor D. Rhidian Thomas Chapter 2. Incorporation of Terms into Reinsurance Contracts -Professor Robert Merkin Chapter 3. Valued Policies Professor Howard Bennett Chapter 4. Insurable Interest Nicholas Legh-Jones QC Chapter 5. Warranties Dr. Barry Soyer Chapter 6. Warranties of Seaworthiness Dr. Susan Hodges Chapter 7. Wilful Misconduct Julian Hill Chapter 8. Counter Claims by Insurers Professor Robert Grimes Chapter 9. Jurisdiction Yvonne Baatz Chapter 10. European Marine Insurance Law Professor Marc A Huybrechts Chapter 11. Australian Marine Insurance Law Dr. Sarah Derrington Chapter 12. USA Marine Insurance Law Professor Michael Sturley
£427.50
Taylor & Francis Ltd War, Terror and Carriage by Sea
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
£350.00
Taylor & Francis Ltd Port State Control
Book SynopsisPort State Control, Second Edition is a comprehensive publication dealing with the full implications and regulations of port State control. It provides a detailed analysis of the legal framework relating to port State control, including the most recent developments in this area. It covers not only the regional agreements on port State control and the EU legislation on this subject but also the background of the port State control process, its implications in practice and its effect on the ISM Code and the classification societies.The book covers topics such as: Amendments and changes to the regional port state control systems The addition of an appeal procedure to the Paris MOU Issues related to the ports of refuge and the urgency for authorities to draw up appropriate plans for places of refuge following the recent incidents The ISPS Code for maritime security in the light of newly recognised vulnerability against terrorist attacks Update to Equasis Progress with Qualship regime under US Port State Control system. This book will be an invaluable reference tool for shipping lawyers around the world. Table of ContentsChapter 1. Flag State Control: Background Chapter 2. The International Maritime Organisation (IMO) Chapter 3. Port State Jurisdiction Chapter 4. Introduction to Port State Control and IMO Guidelines Chapter 5. Regional Port State Control Agreements Chapter 6. Port State Control in the UK Chapter 7. The EU Directive on Port State Control Chapter 8. Equasis Chapter 9. The Erika, The Prestige and Effects on International Legislation Chapter 10. Port State Control in the US 11. The International Safety Management (ISM) Code Chapter 12. Classification Societies Chapter 13. Practical Implications of Port State Control
£427.50
Taylor & Francis Ltd Marine Insurance: The Law in Transition
Book SynopsisThe book examines and analyses in depth the specific issues which are currently occupying the marine insurance markets and the law. The London market is currently re-examining its practices and international competitiveness; and the English case law is growing significantly. The issues identified in the book are the “fundamental issues” on which marine insurance law is based, and which are in the process of being re-examined and developed further to respond to the needs of modern insurance practice. They are of wider interest to insurance law in general and the evolution of English law is analysed against the backdrop of legal developments in Europe and Scandinavia.Table of ContentsChapter 1. Trends in the Interpretation of Marine Insurance Contracts Chapter 2. Insurable Interest- Accelerating the Liberal Spirit Chapter 3. Pre-Contractual Duty of Utmost Good Faith- Materiality and Remedies Chapter 4. The Post-Contractual Duties of Good Faith in Marine Insurance Policies: The Search for Elusive Principles Chapter 5. Classification of Terms in Marine Insurance Contracts in the Context of Contemporary Developments Chapter 6. The New London Market Principals' Slip Chapter 7. The International Hull Clauses 2003 Chapter 8. Comparative Marine Insurance Law: Highlighting the Significant Features of Marine Insurance Law in Belgium and Other Selected European Legal Systems Chapter 9. Comparative Lessons Derivable from the Norwegian Marine Insurance Plan 1996 Chapter 10. The Marine Insurance Act 1906: Judicial Attitudes and Innovation - Time for Reform?
£375.00
Taylor & Francis Ltd Reforming Marine and Commercial Insurance Law
Book SynopsisWith reform of warranties, utmost good faith and insurable interest underway, Reforming Marine and Commercial Insurance Law provides a timely and essential analysis of this changing area of marine insurance law. The entire insurance sector is observing and participating in the reform process and this wide interest is reflected in the diversity of extremely high quality contributions to this book. This book evaluates the legal and practical implications of the proposals on commercial and marine insurance contracts. The contributors, from legal practice, the insurance sector, the judiciary and academia, comment critically on the proposals and discuss the viability and future of the reform process.Table of ContentsChapter 1 Insurance Contract Law Reform in England/Wales and Scotland David Hertzell Chapter 2. Pre-Contractual Information Duties and the Law Commissions' Review Martin Bakes Chapter 3. Materiality: The Search for Practicality Alan Weir Chapter 4. The Law Commissions' Proposals and Reinsurance Robert Merkin Chapter 5. A Practitioner's Perspective on Placement Duties of Insurance Brokers and Reflections of the Proposals of the Law Commissions Derrick G. Cole Chapter 6. The Law Commissions' Proposed Reforms of the Law of Warranties in Marine and Commercial Insurance: Will the Cure be Better than the Disease? Richard Aikens Chapter 7. Reforming Insurance Warranties - Are We Finally Moving Forward? Baris Soyer Chapter 8. Reflections on Values: The Law Commissions' Proposals With Respect to Remedies for Breach of Promissory Warranty and Pre-Formation Non-Disclosure and Misrepresentation in Commercial Insurance Howard Bennett Chapter 9. Insurable Interest: A Suitable Case for Treatment? Mark Templeman QC Chapter 10. Utmost Good Faith and the Presentation and Handling of Claims Peter MacDonald Eggers
£300.00
Taylor & Francis Ltd The Evolving Law and Practice of Voyage
Book SynopsisThis addition to the Maritime and Transport Law Library looks at voyage charterparty contracts and addresses complex legal and practical issues arising out of them and their relationship with bills of lading and international sale contracts. It offers insightful discussion on other distinctive features of voyage charterparties, such as deviation, laytime and demurrage, seaworthiness and cancellation clauses, and on the recent case law developments in jurisdiction and arbitration clauses in voyage charterparty contracts.Table of ContentsChapter 1. The Evolving Flexibility of Voyage Chaterparties Professor D. Rhidian Thomas Chapter 2. Jurisdiction and Arbitration Clauses Steven Gee QC Chapter 3. Legal Aspects of the Approach Voyage Richard Lord QC Chapter 4. The Loading Obligations of Voyage Charterers Dr Theodora Nikaki Chapter 5. The Wreck of the Hesperus Revisited: A Review of the Obligations of Seaworthiness in Contracts of Affreightment Charles G.C.H Baker Chapter 6. Dangerous Cargo and "Legally Dangerous" Cargo Robert Gay Chapter 7. Arrival, Readiness and the Commencement of Laytime Simon Rainey QC Chapter 8. The Running of Laytime and Demurrage when a Charterer does not have Sole Use of a Vessel Mark Hamsher Chapter 9. Laytime and Demurrage Clauses in Contracts of Sale- A Survey of the New York Society of Maritime Arbitrators' Awards (1978-2008) and English Case Law Professor Jason Chuah Chapter 10. Bills of Lading and Voyage Charters Professor Francis Reynolds QC Chapter 11. Charterparty Bills of Lading Cargo Interests' Liabilities to the Shipowner Simon Baughen Chapter 12. The Bill of Lading Contracts Under European National Laws (Civil Law Approaches to Explaining the Legal Approaches to Explaining the Legal Position of the Consignee under Bills of Lading) Professor Frank G.M Smeele Chapter 13. Comparative Observations on United States Law and Practice Relating to Voyage Charters LeRoy Lambert Chapter 14. The Impact of Deviation on Contracts of Affreightment Professor Richard Williams Chapter 15. Cancellation Clauses and Repudiatory Breach Professor Michael Furmstron Chapter 16. Frustration in Voyage Charters- Silted-up Backwater or Vital Navigation Resource? Professor Andrew Tettenborn
£375.00
Taylor & Francis Ltd The Rotterdam Rules: A Practical Annotation
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
£446.50
Taylor & Francis Ltd The Carriage Of Goods By Sea Under The Rotterdam
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
£350.00
Bloomsbury Publishing PLC Piracy in Comparative Perspective: Problems,
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
£71.24
Taylor & Francis Ltd Shipbrokers and the Law
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.
£130.00
Edward Elgar Publishing Ltd Law of the Sea
Book SynopsisLaw of the Sea is a collection of foundational and contemporary essays and articles which together, provide a comprehensive overview and analysis of the current law.Trade Review‘This is a judicious selection of some of the leading journal articles on the Law of the Sea published since 1945. It is very useful to have them collected together between the covers of a single book.’ -- Robin Churchill, University of Dundee, UKTable of ContentsContents: Introduction Donald R. Rothwell PART I HISTORY 1. Bernard H. Oxman (2006), ‘The Territorial Temptation: A Siren Song at Sea’ 2. Richard Young (1948), ‘Recent Developments with Respect to the Continental Shelf’ 3. Arvid Pardo (1970), ‘An International Regime for the Deep Seabed: Developing Law or Developing Anarchy?’ 4. Tommy T.B. Koh (1987), ‘The Origins of the 1982 Convention on the Law of the Sea’ PART II MARITIME ZONES 5. Lewis M. Alexander (1983), ‘Baseline Delimitations and Maritime Boundaries’ 6. Tommy T.B. Koh (1987), ‘The Territorial Sea, Contiguous Zone, Straits and Archipelagoes under the 1982 Convention on the Law of the Sea’ 7. Jonathan I. Charney (1985), ‘The Exclusive Economic Zone and Public International Law’ 8. Ted L. McDorman (2002), ‘The Role of the Commission on the Limits of the Continental Shelf: A Technical Body in a Political World’ 9. Michael Byers (2004), ‘Policing the High Seas: The Proliferation Security Initiative’ 10. Alex G. Oude Elferink (2007), ‘The Regime of the Area: Delineating the Scope of Application of the Common Heritage Principle and Freedom of the High Seas’ PART III MARITIME BOUNDARIES 11. Stuart Kaye (1998), ‘The Use of Multiple Boundaries in Maritime Boundary Delimitation: Law and Practice’ 12. Robert W. Smith (2010), ‘Maritime Delimitation in the South China Sea: Potentiality and Challenges’ PART IV FREEDOM OF NAVIGATION 13. K. Hakapää and E.J. Molenaar (1999), ‘Innocent Passage – Past and Present’ 14. Zou Keyuan (1998), ‘Innocent Passage for Warships: The Chinese Doctrine and Practice’ 15. S.N. Nandan and D.H. Anderson (1989), ‘Straits Used for International Navigation: A Commentary on Part III of the United Nations Convention on the Law of the Sea 1982’ PART V ARCHIPELAGIC STATES 16. Charlotte Ku (1991), ‘The Archipelagic States Concept and Regional Stability in Southeast Asia’ PART VI MARINE RESOURCES 17. A.V. Lowe (1986), ‘Reflections on the Waters: Changing Conceptions of Property Rights in the Law of the Sea’ 18. Lewis M. Alexander (1981), ‘The “Disadvantaged” States and the Law of the Sea’ 19. Douglas M. Johnston (1991), ‘Is Coastal State Fishery Management Successful or Not?’ 20. Andrew Serdy (2011), ‘Postmodern International Fisheries Law, or We are all Coastal States Now’ PART VII MARINE ENVIRONMENT 21. Moira L. McConnell and Edgar Gold (1991), ‘The Modern Law of the Sea: Framework for the Protection and Preservation of the Marine Environment’ 22. Erik J. Molenaar (2007), ‘Managing Biodiversity in Areas Beyond National Jurisdiction’ 23. Aldo Chircop (2010), ‘Regional Cooperation in Marine Environmental Protection in the South China Sea: A Reflection on New Directions for Marine Conservation’ 24. David L. VanderZwaag and Ann Powers (2008), ‘The Protection of the Marine Environment from Land-Based Pollution and Activities: Gauging the Tides of Global and Regional Governance’ PART VIII MARINE SCIENTIFIC RESEARCH 25. Marko Pavliha and Norman A. Martínez Gutiérrez (2010), ‘Marine Scientific Research and the 1982 United Nations Convention on the Law of the Sea’ PART IX MARINE REGULATION AND ENFORCEMENT 26. I.A. Shearer (1986), ‘Problems of Jurisdiction and Law Enforcement against Delinquent Vessels’ 27. Erik Jaap Molenaar (2007), ‘Port State Jurisdiction: Towards Comprehensive, Mandatory and Global Coverage’ PART X MILITARY ACTIVITIES 28. Dale G. Stephens (1999), ‘The Impact of the 1982 Law of the Sea Convention on the Conduct of Peacetime Naval/Military Operations’ PART XI DISPUTE RESOLUTION 29. A.O. Adede (1982), ‘The Basic Structure of the Disputes Settlement Part of the Law of the Sea Convention’ 30. Rosemary Rayfuse (2010), ‘The Future of Compulsory Dispute Settlement under the Law of the Sea Convention’ PART XII OCEANS GOVERNANCE 31. Philip Allott (1992), ‘Mare Nostrum: A New International Law of the Sea’ 32. David Freestone (2008), ‘Principles Applicable to Modern Oceans Governance’
£379.00
Edward Elgar Publishing Ltd Polar Law
Book SynopsisIn this informative book, Yoshifumi Tanaka examines the key legal issues within the developing field of polar law through the lens of public international law. He argues that the polar regions are a microcosm of challenges facing the international community today, and emphasises the crucial role of polar law in addressing them.
£115.00
Edward Elgar Publishing Ltd Polar Oceans Governance in an Era of
Book SynopsisForeword by Tony Press and Foreword by Bernie Funston'As climate change thrusts the Arctic and Antarctic towards the top of the global political agenda, this timely collection provides a broad overview of the issues, the options, and the rules and institutions that are already in place.'- Michael Byers, University of British Columbia, Canada and author of International Law and the Arctic'While at opposite ends of the earth, the shared characteristics of the Arctic and Antarctic are identified by this multidisciplinary collection of essays. Both regions need effective, flexible governance - whether through the Antarctic Treaty System or the Arctic Council - if they are to respond to the challenges of commercialization of hydrocarbons, climate change and the marine environment. Internationally recognized scholars grapple with the global politics of the polar regions, the perspectives of the Inuit people and the role of joint development. This invaluable, well-researched and stimulating collection clarifies the geopolitical and socio-economic dynamics of some of the world's most fragile and vulnerable environments.'- Gillian Triggs, Australian Human Rights CommissionThis timely book provides a cutting-edge assessment of how the dynamic ocean regions at the highest latitudes on Earth are being managed in an era of unprecedented environmental change. The Arctic and Southern Oceans are experiencing transformative environmental change as a result of climate change and ocean acidification. As areas of unparalleled environmental, cultural and scientific value, they are crucibles for testing how integrated, eco-systemic governance frameworks can be developed to meet and address volatile environmental, political and economic challenges.Drawing especially on Australian and Canadian experiences in polar oceans management through multilateral global and regional institutions, the book identifies policy options for improving the governance of the Arctic and Southern Oceans. In offering a pioneering 'bipolar' assessment of environmental management at both polar regions, this important book will be an essential resource for policy-makers, scholars and students actively engaged in discussion and debate on the future of polar oceans governance in the Anthropocene.Contributors: R. Davis, M. Doelle, M. Haward, R. Huebert, J. Jabour, R. Abdul Kadir, L. Kriwoken, S. Lalonde, D. Leary, T.L. McDorman, R. Rayfuse, D.R. Rothwell, T. Stephens, D.L. VanderZwaag, M. Weber, S. WrightTrade ReviewAs climate change thrusts the Arctic and Antarctic towards the top of the global political agenda, this timely collection provides a broad overview of the issues, the options, and the rules and institutions that are already in place.'--Michael Byers, University of British Columbia, Canada and author of International Law and the Arctic'While at opposite ends of the earth, the shared characteristics of the Arctic and Antarctic are identified by this multidisciplinary collection of essays. Both regions need effective, flexible governance - whether through the Antarctic Treaty System or the Arctic Council - if they are to respond to the challenges of commercialization of hydrocarbons, climate change and the marine environment. Internationally recognized scholars grapple with the global politics of the polar regions, the perspectives of the Inuit people and the role of joint development. This invaluable, well-researched and stimulating collection clarifies the geopolitical and socio-economic dynamics of some of the world's most fragile and vulnerable environments.'--Gillian Triggs, Australian Human Rights CommissionTable of ContentsContents: Foreword Tony Press Foreword Bernie Funston Preface Map One. Maritime Jurisdiction and Boundaries in the Arctic Region Map Two. Antarctica and the Southern Ocean 1. Polar Oceans Governance: Shifting Seascapes, Hazy Horizons Tim Stephens and David L. VanderZwaag PART I: ENVIRONMENTAL CHANGE IN THE POLAR OCEANS 2. Environmental Change and Governance Challenges in the Southern Ocean Marcus Haward and Julia Jabour 3. Environmental Change in the Arctic Region Lorne Kriwoken PART II: GEOSTRATEGIC DYNAMICS IN THE POLAR OCEANS 4. Rising Temperatures, Rising Tensions: Power Politics and Regime Building in the Arctic Rob Huebert 5. Power Politics in the Antarctic Treaty System Melissa Weber PART III: RESOURCES, ENVIRONMENT, SOVEREIGNTY AND JURISDICTION – BIPOLAR PERSPECTIVES 6. Is Joint Development Possible in the Arctic? Rizal Abdul Kadir 7. From Hydrocarbons to Psychrophiles: The ‘Scramble’ for Antarctic and Arctic Resources David Leary 8. Polar Continental Shelves: Australian and Canadian Challenges and Opportunities Tim Stephens 9. The IMO’s PSSA Mechanism and the Debate over the Northwest Passage Suzanne Lalonde PART IV: DEVELOPING NATIONAL AND FOREIGN POLICY RESPONSES 10. Inuit Perspectives on the Governance in the Canadian Arctic Shelley Wright 11. Arctic Climate Governance: Can the Canary in the Coal Mine Lift Canada’s Head out of the Sand(s)? Meinhard Doelle 12. Coastal State Jurisdiction and the Polar Code: A Test Case for Arctic Oceans Governance? Rosemary Rayfuse 13. Canada, the United States and International Law of the Sea in the Arctic Ocean Ted L. McDorman 14. Middle Powers and Oceans Policy: Australian Perspectives on Antarctic Competition and Cooperation Donald R. Rothwell PART V: THE FUTURE OF POLAR OCEANS GOVERNANCE 15. The Durability of the ‘Antarctic Model’ and Southern Ocean Governance Ruth Davis 16. The Arctic Council and the Future of Arctic Ocean Governance: Edging Forward in a Sea of Governance Challenges David L. VanderZwaag Index
£126.00
Edward Elgar Publishing Ltd The International Tribunal for the Law of the
Book SynopsisThis authoritative guide to the International Tribunal for the Law of the Sea provides a timely assessment of its activities over the past two decades. P. Chandrasekhara Rao and Philippe Gautier?s comprehensive book delivers a detailed and extensive analysis of the Tribunal?s jurisdiction, the procedural rules governing cases before it, and its contribution to the development of the law of the sea. Through a thorough examination of the Tribunal?s judicial practice, as well as referencing primary sources such as treaties and statutes, the authors demonstrate that the Tribunal has fulfilled the role entrusted to it by the United Nations Convention on the Law of the Sea. Utilising a practice-orientated approach, this methodical analysis reveals that the Tribunal has successfully developed its own working methods in handling cases, whilst establishing itself as a judicial institution with the ability to discharge its functions efficiently and cost-effectively, and most importantly, determines that its jurisprudence has contributed to the development of a coherent and progressive interpretation of the law of the sea. Perceptive and meticulous, this book will be an invaluable resource for legal practitioners, as well as for academics, students and researchers interested in the functioning and achievements of the Tribunal.Trade Review‘The International Tribunal for the Law of the Sea: Law, Practice and Procedure is an important and helpful contribution to the literature addressing the law and practice of the ITLOS. Practitioners, in particular, will find that the book is of great assistance in understanding how the ITLOS works and what the procedural and jurisdictional framework for litigation is. There is no doubt that the book will become an indispensable reference work for practitioners and scholars dealing with dispute settlement before the ITLOS and in the law of the sea more generally.’ -- Valentin J Schatz, German Yearbook of International Law‘The book is an important and helpful contribution to the literature addressing the law and practice of the ITLOS. Practitioners, in particular, will find that the book is of great assistance in understanding how the ITLOS works and what the procedural and jurisdictional framework for litigation is. They will find the book accessible and easy to navigate. They will also profit from quick access to the relevant case-law for each of the covered issues. There is no doubt that the book will become an indispensable reference work for practitioners and scholars dealing with dispute settlement before the ITLOS and in the law of the sea more generally.’ -- Valentin J Schatz, German Yearbook of International Law‘The book will prove a valuable tool for academics, practitioners and students with an interest in law of the sea or international dispute settlement. Moreover, with new developments in law of the sea we may see an even greater role played by the Tribunal in disputes relating to that agreement, and this book will prove an invaluable asset.’ -- Mitchell Lennan, Review of European, Comparative and International Environmental Law'Written by a former Judge and President of the International Tribunal for the Law of the Sea and by its Registrar, this is certainly the most authoritative treatise on the Tribunal. It combines the insider's view of two protagonists of the activities of the Tribunal for more than twenty years with a first-rate scholarly approach. The book is a well-structured, tightly written, highly informed and informative treatise on a Tribunal that since its establishment in 1996 has found a relevant place in the map of permanent international adjudicating bodies. Procedural and institutional aspects as well as the contribution made by the Tribunal's case-law are presented in detail and in concise language. I have no doubt that this treatise will become a necessary tool for scholars and practitioners.' --Tullio Treves, Universita degli Studi di Milano, Italy'This book provides a clear, reliable, perceptive, and eminently practical account of the law and practice of the Hamburg Tribunal. It is essential reading for all those involved in the law of the sea and international dispute settlement. The two highly qualified authors (former President and current Registrar) have written what will surely become the first point of reference on the Tribunal, for practitioners and academics alike.' --Sir Michael Wood, Member of the UN International Law Commission'This book will be an indispensable reference for judges, lawyers, and scholars interested in the settlement of international disputes regarding the law of the sea. ''Present at the creation'' of ITLOS, the authors discreetly but generously share with us invaluable insights acquired during their two decades of service to the Tribunal, one as Judge (and President) and the other as Registrar. Text and practice are elegantly interwoven in a coherent explication of the Tribunal's procedure.' --Bernard H. Oxman, University of Miami, School of Law, USTable of ContentsContents: 1. Introduction 2. Institutional Overview 3. Jurisdiction 4. Procedure 5. Contribution to the Development of International Law 6. An Assessment Bibliography Index
£172.00
Edward Elgar Publishing Ltd Managing the Risk of Offshore Oil and Gas
Book SynopsisThis book provides a comprehensive analysis of the international legal dimension of the management of the risk of accidents associated with offshore oil and gas activities. The editors cover the prevention and minimization of harm as well as the post-accident management of loss through liability and compensation arrangements and the processing of mass claims for compensation. While postulating a public international law framework for offshore oil and gas operations globally and exploring critical elements thereof, this book draws heavily on comparative assessments of domestic concepts and approaches, especially as regards offshore safety, liability for and compensation of harm, and mass tort claims procedures. With a team of experts from all over world as contributing authors, the book offers a unique perspective on what remains a pressing international concern: The safety of offshore operations globally and the proper allocation of loss should a major accident occur. Government officials, international civil servants and academics in related fields will find the book a valuable resource.Trade Review‘The editors and authors are to be applauded because they succeed in furnishing any reader with a manageable shortcut to achieve a better understanding of how risks in the offshore oil and gas sector should be addressed (”managed”) properly in the twenty-first century.’ -- Henning Jessen, Ocean YearbookTable of ContentsContents: Introduction The Editors Part I Prevention and Minimization of Harm 1. Corporate Governance and Risk Management Michael Bothe 2. Regulating the Safety of Offshore Oil and Gas Operations a. Performance-Based Regulation and the Development of International Regulatory Uniformity in Offshore Oil and Gas Operations Michael Tsimplis and Wassim Dbouk b. Managing Offshore Safety in the United States after the Macondo Disaster Jacqueline L. Weaver 3. The International Regime of Oil Spill Contingency Planning and Response Erik Røsæg 4. Regional Arrangements for Contingency Planning and Response a. Oil Spill Response in the EU Maria Gavouneli b. Oil Spill Response in the Arctic: the Norwegian-Russian Experience Maria Sydnes and Are Kristoffer Sydnes c. Oil Spill Response in the North American Arctic: Canada, the United States, and Greenland Michael LeVine, Andrew Hartsig, Louie Porta, Chris Debicki, and Amanda Joynt d. Oil Pollution Prevention and Response: The Mediterranean and Other Regional Arrangements Tullio Scovazzi 5. Managing Environmental Risks Through the Terms of Maritime Delimitation and Related Agreements Nigel Bankes Part II Liability and Compensation of Loss 6. Allocating Transboundary Loss from Offshore Oil and Gas Accidents Günther Handl 7. Damage Compensable a. The Recovery of Pure Economic Loss under the Oil Pollution Act: A Unified Test of Causation Vernon Valentine Palmer and Kristoffer Svendsen b. Pure Environmental Damage Peter Wetterstein 8. Punitive Damages Martin Davies 9. The Role of Insurance in Offshore Oil and Gas Operations Özlem Gürses Part III Claims Processing 10. The CLC/Fund Experience Måns Jacobsson 11. Specific Oil Spill Incidents a. The BP-Deepwater Horizon Claims Process Edward F. Sherman b. Compensation Claims arising from the Montara Oil Spill Shane Bosma and Josh Underwood 12. Other Mass Tort Claim Perspectives: Mass Tort Settlements in a European Context Harald Koch and Joachim Zekoll Index
£144.00
Edward Elgar Publishing Ltd The South China Sea Arbitration: The Legal
Book SynopsisBringing together leading experts on the law of the sea, The South China Sea Arbitration provides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China.The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration.This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read.Contributors include: R. Beckman, T. Davenport, E. Franckx, L.Q. Hung, S. Jayakumar, S. Kaye, T. Koh, Y. Lyons, M.H. Nordquist, N. Oral, H.D. Phan, J.A. Roach, C SymmonsTrade Review'This book is one of the most thoughtful contributions to the discussion on the arbitral awards in the South China Sea case. Addressing a case charged with political implications, it examines, with a scholarly approach, some of the most important and controversial issues raised in the Awards. Particular attention is given to the key issue of the meaning of ''rocks'' under article 121 of the UN Convention on the Law of the Sea. More technical legal aspects, often left out in studies on the subject, such as the procedural ones, are also addressed. The authors are well known specialists on the law of the sea working under the wise coordination of some of the top specialists in Singapore's research institutions.' --Tullio Treves, Universita degli Studi di Milano, Italy'The depth and breadth this book brings to the legal issues surrounding the South China Sea Arbitration are unmatched. The contributors explain the various aspects of the disputes (particularly those relating to the status and entitlement of the Spratly Islands' features), analyse the implications for the cooperation in the South China Sea, and the legal ramifications for the order of the oceans established under UNCLOS. This book is thus an essential reading for everyone interested in the current state of art in a field that addresses one of the key legal development with regard to the South China Sea.' --Julien Chaisse, The Chinese University of Hong Kong and Advisory Board Member, Asian Academy of International LawTable of ContentsContents: 1. The South China Sea Arbitration: Laying the Groundwork S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao Duy Phan Part I Jurisdiction and Procedure 2. Jurisdictional Issues in the South China Sea Arbitration Robert Beckman 3. Jurisdiction in the South China Sea Arbitration: Application of the Monetary Gold Principle Stuart Kaye 4. Procedural Issues Arising from China’s Non-Participation in the South China Sea Arbitration Tara Davenport Part II Maritime Entitlements 5. Historic Rights in the Light of the Award in the South China Sea Arbitration: What Remains of the Doctrine Now? Clive R Symmons 6. Determining High-tide Features (or Islands) in the South China Sea under Article 121(1): A Legal and Oceanography Perspective Youna Lyons, Luu Quang Hung and Pavel Tkalich 7. The Arbitral Tribunal’s Interpretation of Paragraph 3 in Article 121: A First But Important Step Forward Erik Franckx 8. UNCLOS Article 121 and Itu Aba in the South China Sea Final Award: A Correct Interpretation? Myron H Nordquist 9. Artificial Islands in the South China Sea: The Legal Regime and Implications of the Award J Ashley Roach Part III Marine Environment 10. The South China Sea Arbitral Award, Part XII of UNCLOS, and the Protection and Preservation of the Marine Environment Nilüfer Oral 11. Rocks Versus Islands: Implications for Protection of the Marine Environment J Ashley Roach Part IV Conclusion 12. Conclusion S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao Duy Phan Index
£111.00
Edward Elgar Publishing Ltd Governing Marine Living Resources in the Polar
Book SynopsisBringing together leading scholars from across a diverse range of disciplines, this unique book examines a key question: How can we best conserve marine living resources in the Polar regions, where climate change effects and human activities are particularly pressing? Part one of this timely book focuses on Antarctica, centring on the evolving work of the Commission for the Conservation of Antarctic Marine Living Resources in managing the marine living resources of the Southern Ocean. Part two explores the multi-level governance regime in the Arctic, analysing the central Arctic Ocean fisheries agreement, the role of the Arctic Council and law and governance in Arctic states. Finally, part three considers some of the new challenges and opportunities, including new technology, bioprospecting and dispute settlement. Providing a comprehensive assessment of the governance regimes of marine living resources in the Polar regions, this book will be of great interest to academics, NGOs, international organizations and government officials, whilst also being a key resource for practitioners working in the fisheries industries. Trade Review‘The book paints a well-rounded picture of the state of play on issues of polar region marine living resource management in the second decade of the twenty-first century.’ -- Andrew Serdy, Ocean Yearbook‘Governing Marine Living Resources in the Polar Regions is one of the first books to comprehensively cover fisheries management in both Polar regions. With its unique concurrent analysis of the Antarctic and Arctic legal regimes, it addresses the question of how governance frameworks can be developed in the polar regions in a manner that effectively reconciles human needs and environmental protection. This book will appeal to both those involved in fisheries management and broader Polar governance and policy. It greatly contributes to the current literature by providing a better understand of the overarching global issues facing both Poles and how they have responded considering their very different governance regimes. As the first book to focus on this area, it synthesises the current understanding of marine living resources at the Poles, and with a unique focus on science and new actors in the Polar regions, highlights the benefits of a circumpolar approach to fisheries management.’ -- Claudia Sosin, Marine Policy‘This book offers a range of interesting insights into contemporary polar oceans marine living resource management.’ -- Tim Stephens, The Polar Journal‘This edited volume on the governance of marine living resources in the polar regions brings together a significant number of scholarly articles by an excellent mix of leading and established researchers and practitioners, as well as promising early-career academics. The research is very timely indeed...There is no doubt that this edited volume succeeds in its objective of providing a broad range of readers with a sound and solid assessment of key features of the governance regimes of marine living resources in the polar regions.’ -- Erik J. Molenaar, The International Journal of Marine and Coastal Law'The polar regions are sentinels for biophysical change, changes that are in turn likely to have a range of impacts on geopolitics, human activities, resource use and environmental management. This book provides a timely and significant assessment of these opportunities and challenges, drawing on insights from experts on the Arctic and Southern Oceans. These perspectives - from science, law and political science - provide a comprehensive assessment of the current state of marine resource management in the polar regions.' --Marcus Haward, University of Tasmania, Australia'The Earth's marine systems are under increasing pressure, nowhere more so than in the polar regions. In this timely volume, a team of knowledgeable analysts assess the capacity of existing Antarctic and Arctic regimes to cope with the resultant governance challenges. This work will be of interest not only to those concerned with the polar regions but also to the broader community of those interested in the fate of the world's marine systems in this era of global change.' --Oran R. Young, University of California, Santa Barbara, USTable of ContentsContents List of contributors vii Foreword by Klaus Dodds xiii Foreword by Karen N. Scott xviii Acknowledgement xxi 1 Introduction 1 Nengye Liu, Cassandra M. Brooks and Tianbao Qin PART I ANTARCTICA 2 The principles of the Convention on the Conservation of Antarctic Marine Living Resources: why its Commission is not a Regional Fisheries Management Organisation 9 Anthony J. Press, Indi Hodgson-Johnston and Andrew J. Constable 3 Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR): implementation of conservation of Southern Ocean marine living resources 30 Keith Reid 4 Geopolitical complexity at the bottom of the world: CCAMLR’s ongoing challenge of adopting marine protected areas 43 Cassandra M. Brooks 5 Inclusive and evidence-based decision-making in CCAMLR: a basis for ensuring compliance? 66 Nils Vanstappen PART II ARCTIC 6 Governance of fisheries in the Central Arctic Ocean: cooperative currents, foggy future 92 David L. VanderZwaag 7 Russia and Arctic fisheries 109 Alexander Sergunin 8 Governing access rights to harvesting marine living resources: the case of the Svalbard Archipelago 138 Sandra Cassotta and Rachel Tiller PART III FUTURE CHALLENGES AND PROSPECTS 9 Frozen robots: autonomous underwater vehicles and unmanned aerial vehicles in the Antarctic: a new tool or a new challenge for sustainable ocean governance? 158 David Leary 10 Bioprospecting in Antarctica: obligations and challenges 177 Ana Fl.via Barros-Platiau, Carina Costa de Oliveira, Gabriela G.B. Lima Moraes and Pierre Mazzega 11 The settlement of disputes concerning conservation of fish stocks in the Arctic and Antarctic high seas: towards comprehensive compulsory jurisdiction? 196 Valentin J. Schatz 12 The future of governing marine living resources in the Polar Regions 222 Nengye Liu and Cassandra M. Brooks Index 229
£104.00
Edward Elgar Publishing Ltd Research Handbook on International Marine
Book SynopsisThis wholly new edition of the Research Handbook on International Marine Environmental Law provides an authoritative examination of international law relating to the protection of the marine environment. Rather than merely revised and updated, this new edition provides completely new and original chapters that critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. Each chapter goes beyond a survey of existing law to identify shortcomings in the legal regime and details further work needed to ensure effective regulation and management of human activities that affect the marine environment.Written by eminent scholars and practitioners, the Research Handbook on International Marine Environmental Law is a vital resource for scholars and government and policy practitioners, as well as for lawyers, policy advisers and advocates who work at intergovernmental organisations and non-governmental organisations that address marine environmental issues.Trade Review‘This second edition of the Research Handbook is a tour de force of the most relevant topics of marine environmental law by global experts in the field. This book is a must read for any practitioners and policymakers who are interested in viable solutions for ocean governance dilemmas where the needs of humans may not be easy to reconcile with the needs of increasingly precarious ocean ecosystems.’ -- Anastasia Telesetsky, California State University, San Luis Obisbpo, US‘The Research Handbook provides a comprehensive analysis of critical issues in international marine environmental law. Ambitious and forward looking, it addresses contemporary concerns, such as biodiversity loss, plastic pollution and climate change, suggesting solutions for coping with these challenges. This is an excellent and highly recommended publication for scholars and practitioners engaged in this crucial field of law.’ -- Tomas Heidar, Vice-President of the International Tribunal for the Law of the SeaTable of ContentsContents: Preface xi PART I MARINE ENVIRONMENTAL LAW IN THE 21ST CENTURY 1 International marine environmental law in the 21st century 2 Rosemary Rayfuse, Aline Jaeckel and Natalie Klein 2 The UN Convention on the Law of the Sea – still relevant to protection of the marine environment? 33 Robin Churchill 3 Fragmentation and coherence in the legal framework for the protection of the marine environment 57 Alexander Proelss PART II LEGAL FRAMEWORKS FOR THE PROTECTION OF THE MARINE ENVIRONMENT 4 Basic principles of international marine environmental law 81 Yoshifumi Tanaka 5 Compliance mechanisms under treaties relating to protection of the marine environment 104 James Harrison 6 Resolving international disputes concerning the marine environment 124 Natalie Klein and Millicent McCreath 7 Mapping progress and challenges for the UNEP Regional Sea Programme for the Mediterranean 150 Nilufer Oral 8 The Indian Ocean region and marine environmental law 172 Erika Techera PART III POLLUTION AND THE MARINE ENVIRONMENT 9 Vessel-source pollution – some key developments 196 Henrik Ringbom 10 Regulating shipping under conditions of uncertainty: The Arctic Ocean and knowledge-based decision-making 218 Tore Henriksen 11 From ocean dumping to marine geoengineering: The evolution of the London Regime 240 Karen N Scott 12 Ocean acidification 264 Ellycia Harrould-Kolieb and Tim Stephens PART IV PROTECTING MARINE BIODIVERSITY 13 Protecting the marine environment of the deep seabed 289 Michael Lodge 14 Protecting marine biodiversity and vulnerable marine ecosystems 311 Rosemary Rayfuse 15 Marine mammals and migratory species 333 Richard Caddell PART V MECHANISMS AND TOOLS FOR PROTECTING THE MARINE ENVIRONMENT 16 Public participation in the governance of deep-seabed mining in the Area 361 Jeff Ardron, Hannah Lily and Aline Jaeckel 17 Marine scientific research and the protection of the seas and oceans 385 Anna-Maria Hubert 18 New technology and the protection of the marine environment 409 Hilde J Woker, Rozemarijn J Roland Holst and Harriet Harden-Davies 19 Implementing environmental impact assessment in areas beyond national jurisdiction: Epistemic, institutional and normative challenges 428 Neil Craik and Kristine Gu 20 Enhancing marine protected areas and marine spatial planning through an ecosystem approach 451 Vasco Becker-Weinberg Index 467
£210.00
Edward Elgar Publishing Ltd Ocean Geopolitics: Marine Resources, Maritime
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
£78.00
Edward Elgar Publishing Ltd Islands, Law and Context: The Treatment of
Book SynopsisThis ground-breaking book challenges legal orthodoxy, presenting an original approach to the treatment of islands in international law. It offers a new perspective on how to define islands in international law, questioning how they differ from other maritime features. It focuses on the contextual factors that bear upon the legal treatment of islands, recognising that, in practice, islands have varied and unequal impacts and arguing that greater focus on context is needed to understand legal outcomes, particularly those concerning maritime boundary delimitation. Addressing the impact of rising sea levels on the interests and rights of islands and the increasing construction of artificial islands, the authors make the case for a major change in approach to the topic.This book offers international lawyers a thought-provoking reappraisal of a vital issue. It will be a useful resource for human geography and international relations scholars wishing to deepen their understanding of a key politically-contested and increasingly pressing debate in international law.Trade Review‘An erudite exploration of the island and international law, which draws on and moves beyond existing scholarship and judicial decisions to provide a modern, contextual and highly original account of islands and a sophisticated, authoritative and compelling assessment of their treatment under the law of the sea.’ -- Karen Scott, University of Canterbury, New Zealand‘The entry into force of the UN Convention on the Law of the Sea has made the legal regime of islands a topical issue in international law. Climate change and sea-level rise contribute to the current interest in the subject. This book adds an important contribution to the existing literature. It pleads for a contextual approach that avoids the strictures of purely textual interpretation that have been a source of difficulty for current literature and judicial decisions.’ -- Tullio Rodolfo Treves, University of Milano, Italy‘In this refreshing and insightful book on islands and the law of the sea, Evans and Lewis convincingly show how and why context matters. Their pithy treatise is instantly accessible and yet exposes hidden influences on how the so-called “legal regime” of islands operates. They provide sharp insights into related questions of sovereignty and delimitation. For good measure, new challenges of climate change and sea-level rise are explored too. I highly recommend this timely and provocative book.’ -- Richard Barnes, University of Lincoln, UKTable of ContentsContents: 1. The ‘regime of islands’ in international law 2. Contrasting islands with other maritime features 3. Definitional elements of an island 4. Islands and the delimitation of maritime zones 5. The contextual approach to islands 6. Conclusion Bibliography. Index
£85.00
Edward Elgar Publishing Research Handbook on the Law of the Sea
Book SynopsisIn light of the contemporary challenges facing the United Nations Convention on the Law of the Sea and its implementing agreements, this Research Handbook explores how issues like climate change, technological developments, and increasing geopolitical instability threaten our seas.
£204.25
Edward Elgar Publishing Ltd The Development of the Law of the Sea Convention:
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
£104.00
Edward Elgar Publishing Ltd Advanced Introduction to Maritime Law
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Written by leading scholar Paul Todd, this Advanced Introduction draws on the author’s decades of experience researching and teaching maritime law, offering a clear and concise introduction to the core areas of the field. In addition to providing a primer on the substance, it explains the worldwide applications of English law, and surveys the sources of law and how to locate them. It also highlights some of the difficulties in interpreting the law and pinpoints which individuals have been instrumental in doing so, and in making and developing the law.Key features include: broad but concise coverage of international sales, carriage of goods by sea, marine insurance and admiralty law the provision of references and citations for further study exploration of the recent and likely future developments for the field. The Advanced Introduction to Maritime Law will be a key resource for students and non-specialist scholars of commercial law, transport law and maritime law, while also appealing to professionals with an interest in expanding their knowledge of the topic.Trade Review‘This short book covers the sort of introductory background and contextual material that often has to be crammed into the first week or so of maritime commercial law courses studied in the UK (in particular). “Maritime Law” is treated broadly so as to include international sales and marine insurance, as well as traditional carriage and Admiralty issues. The book will particularly suit international students, unfamiliar with the common law system, and uses simple, colloquial – sometimes even conversational – language.’ -- Professor Nick Gaskell, University of Queensland, Australia
£98.67
Edward Elgar Publishing Ltd Advanced Introduction to Maritime Law
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Written by leading scholar Paul Todd, this Advanced Introduction draws on the author’s decades of experience researching and teaching maritime law, offering a clear and concise introduction to the core areas of the field. In addition to providing a primer on the substance, it explains the worldwide applications of English law, and surveys the sources of law and how to locate them. It also highlights some of the difficulties in interpreting the law and pinpoints which individuals have been instrumental in doing so, and in making and developing the law.Key features include: broad but concise coverage of international sales, carriage of goods by sea, marine insurance and admiralty law the provision of references and citations for further study exploration of the recent and likely future developments for the field. The Advanced Introduction to Maritime Law will be a key resource for students and non-specialist scholars of commercial law, transport law and maritime law, while also appealing to professionals with an interest in expanding their knowledge of the topic.Trade Review‘This short book covers the sort of introductory background and contextual material that often has to be crammed into the first week or so of maritime commercial law courses studied in the UK (in particular). “Maritime Law” is treated broadly so as to include international sales and marine insurance, as well as traditional carriage and Admiralty issues. The book will particularly suit international students, unfamiliar with the common law system, and uses simple, colloquial – sometimes even conversational – language.’ -- Professor Nick Gaskell, University of Queensland, Australia
£22.95
Edward Elgar Publishing Ltd Research Handbook on Ocean Governance Law
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
£210.00
Liverpool University Press The South China Sea Arbitration: Understanding
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.
£52.25
ISTE Ltd and John Wiley & Sons Inc Governance of Seas and Oceans
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
£125.06
United Nations The law of the sea: a select bibliography 2016
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
£25.46
United Nations The United Nations Convention on the Laws of the
Book SynopsisTo commemorate, in 2022, the fortieth anniversary of the adoption and opening for signature of the 1982 United Nations Convention on the Law of the Sea, this publication reflects on the Convention's successful contribution to the promotion of the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment. The publication focuses on the historical achievements of the Convention
£22.46
United Nations Maritime delimination in the Indian Ocean:
Book SynopsisOpposite pages bear duplicate numbering
£6.95
NUS Press Building a New Legal Order for the Oceans
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
£27.86
Taylor & Francis Ltd Shipping and the Environment
Book SynopsisFrom the time it was first published in 1998, Shipping and the Environment has been the leading text on international and US law and practice in this field. Written by renowned legal and insurance practitioners with over 100 years of combined specialist experience, including first-hand knowledge of many major incidents, it is not only a comprehensive reference work but an abundant source of introductory material and practical insights, all explained with a clarity appreciated by lawyers and non-lawyers alike in a broad international readership. While updating its core subjects of pollution from ships, wreck removal and dumping at sea, this enlarged text extends into other modern areas including pollution from offshore operations after Deepwater Horizon, plastics released into the sea, recycling of vessels, polar operations, and the fast-changing restrictions on carbon emissions from ships, as well as safety threats such as cyberattacks, terrorism and modern forms of piracy.Table of ContentsPART I – INTRODUCTION, 1. THE ENVIRONMENTAL ASPECTS OF SHIPPING, PART II - LIABILITY AND COMPENSATION FOR OIL POLLUTION DAMAGE, 2. COMPENSATION FROM THE SHIPOWNER UNDER THE CIVIL LIABILITY CONVENTION 1992, 3. COMPENSATION FROM THE INTERNATIONAL OIL POLLUTION COMPENSATION FUNDS, 4. OIL POLLUTION – THE POSITION IN THE UNITED STATES, 5. POLLUTION FROM OFFSHORE OPERATIONS AND CRAFT, 6. POLLUTION FROM SHIPS’ BUNKERS, PART III – COMPENSATION FOR DAMAGE BY HAZARDOUS AND NOXIOUS SUBSTANCES, 7. HNS DAMAGE AND THE HAZARDOUS AND NOXIOUS SUBSTANCES CONVENTION 2010, 8. HNS DAMAGE – THE POSITION IN THE UNITED STATES, PART IV – ADMISSIBILITY AND ASSESSMENT OF CLAIMS, 9. CLAIMS – GENERAL PRINCIPLES, 10. CLEAN-UP OPERATIONS AND OTHER PREVENTIVE MEASURES, 11.DAMAGE TO PROPERTY, 12. ECONOMIC LOSS, 13. DAMAGE TO NATURAL RESOURCES AND COSTS OF RESTORATION, PART V – THE LAW RELATING TO PARTICULAR PARTIES, 14. SALVORS, 15. CHARTERERS AND CARGO OWNERS, 16. SHIP MANAGERS, OPERATORS AND ASSOCIATED PARTIES, 17. THE OWNERS OF COLLIDING SHIPS, 18. PILOTS AND MARITIME AUTHORITIES, 19. SHIP FINANCIERS, 20. P&I CLUBS AND OTHER LIABILITY INSURERS, 21. HULL AND CARGO INSURERS, PART VI – LIMITATION OF LIABILITY, 22. LIMITATION OF LIABILITY FOR POLLUTION AND HNS DAMAGE, PART VII – PREVENTION, REDUCTION AND CONTROL OF DAMAGE TO THE MARINE ENVIRONMENT, 23. INTERNATIONAL RULES TO PREVENT POLLUTION FROM SHIPS, 24.PREVENTION OF POLLUTION FROM SHIPS IN THE UNITED STATES, 25. THE RESPONSE TO AN INCIDENT – INTERNATIONAL CONVENTIONS, 26. THE RESPONSE TO AN INCIDENT – THE POSITION IN THE UNITED STATES, 27. REMOVAL OF WRECKS AND DUMPING AT SEA, 28. SHIPMENT OF WASTE AND DISMANTLING OF VESSELS, 29. ENFORCEMENT OF RULES TO PREVENT POLLUTION, 30. CRIMINAL LIABILITY FOR POLLUTION FROM SHIPS, APPENDIX, INDEX
£999.99
Taylor & Francis The Handbook of Maritime Economics and Business
a huge range and FREE tracked UK delivery on ALL orders.
£304.00
Taylor & Francis Ltd Inland Waterway Transport
Book SynopsisThis book analyses the European legal framework on inland water transport in light of the most recent legislation adopted and how the main Member States of Central Western Europe have implemented it.Specifically, the book provides an innovative tool of analytical and systematic study of the various legislative EU measures that regulate the inland waterways transport sector, as well as for the comparative study and analysis of the relevant measures of implementation adopted by the afore-mentioned Member States. Each EU legislative measure is first explained in general terms and then commented on in detail with a specific analysis of the most significant articles, following a precise logical sequence of the topics; the corresponding national implementing measures are also examined in detail* describing any different ways of transposing the EU regulation, also with regard to any differences in approach by the Member States relative to the possibility of any derogations or exemptTable of ContentsAbout The Author, Table Of Cases, Table Of Legislation, Preface, Chapter 1 Introduction, Chapter 2 The Design And Construction Of Inland Waterway Vessels, Chapter 3 Navigability Licences For Inland Waterway Vessels And Their Reciprocal Recognition, Chapter 4 Professional Qualifications Of The Crew In Inland Navigation And Their Recognition, Chapter 5 The Organisation Of Working Time In Inland Water Transport, Chapter 6 Inland Water Transport Of Passengers And Goods In The Eu Market, Chapter 7 Inland Water Transport Of Dangerous Goods, Chapter 8 Navigation Safety And Environmental Protection, Appendix List Of State Aid Cases In The Eu Inland Water Transport Sector
£199.50
Taylor & Francis Ltd Perils of the Seas and Inherent Vice in Marine Insurance Law
a huge range and FREE tracked UK delivery on ALL orders.
£128.25
