Download or read book Theory Law and Practice of Maritime Arbitration written by Eva Litina and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.

Download or read book Regulatory and Legislative Issues for the Maritime Administration written by Cornelius Wolfe and published by Nova Snova. This book was released on 2019-04-19 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of the legislation discussed in chapter 1 is to do the following: support national defense and the United States Merchant Marine by authorizing the Maritime Administration (MARAD) for fiscal year (FY) 2019, including the National Security Multi-Mission Vessel Program; implement Department of Transportation (DOT) Office of Inspector General (OIG) recommendations to improve protections and incident reporting related to sexual assault and harassment; improve merchant mariner training for cadets by providing additional opportunities for on-the-job experience via the Sea Year program and by supporting State Maritime Academy training vessels; and create new opportunities for domestic ship recycling by streamlining the import process. Chapter 2 discusses the National Marine Sanctuary Act, which grants the Secretary of Commerce the authority to designate areas of additional restriction and management over areas in Americas oceans and Great Lakes and their unique conservation, cultural, or historic significance. Federal agencies respond to abandoned and derelict vessels (ADV) in accordance with federal law, interagency agreements, and funding availability. Chapter 3 reviews actions federal and state agencies have taken to address ADVs in U.S. waterways. This chapter examines (1) key factors that guide how federal agencies respond to ADVs; (2) the extent federal agencies track ADVs and their expenditures for responding to them; and (3) actions states have taken to address ADVs and the factors they cite as affecting their efforts. On January 1, 2020, new, more stringent maritime emission regulations are scheduled to take effect for all ocean-going vessels as reported in chapter 4.

Download or read book Maritime Law in Motion written by Proshanto K. Mukherjee and published by Springer Nature. This book was released on 2020-01-23 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers’ affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.

Download or read book Maritime Law written by Yvonne Baatz and published by CRC Press. This book was released on 2014-10-24 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, this authoritative guide covers all of the core aspects of maritime law in one distinct volume. Maritime Law is written by a team of leading academics and practitioners, each expert in their own field. Together, they provide clear, concise and fully up-to-date coverage of topics ranging from bills of lading to arrest of ships, all written in an accessible and engaging style. As English law is heavily relied on throughout the maritime world, this book is grounded in English law whilst continuing to analyse the key international conventions currently in force. Brand new coverage includes: Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) The coming into force of the 2006 Maritime Labour Convention and the Merchant Shipping Regulations 2014 The approval of the 2012 edition of the Norwegian Sale Form Regulation 100/2013 heavily amending Regulation 1406/2002 establishing the European Maritime Safety Agency Greater detail on piracy in the Public International Law chapter and discussion of the M/V Louisa, ARA Libertad and Arctic Sunrise cases in the International Tribunal for the Law of the Sea Expanded sections in the marine insurance chapter Analysis of recent cases including Golden Ocean Group Ltd v Salgaocar Mining Industries PVT Ltd; Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG and Griffon Shipping Ltd. v Firodi Shipping Ltd. This book is a comprehensive reference source for students, academics, and legal practitioners worldwide, especially those new to maritime law or a particular field therein.

Download or read book The Republic Afloat written by Matthew Taylor Raffety and published by University of Chicago Press. This book was released on 2013-03-04 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years before the Civil War, many Americans saw the sea as a world apart, an often violent and insular culture governed by its own definitions of honor and ruled by its own authorities. The truth, however, is that legal cases that originated at sea had a tendency to come ashore and force the national government to address questions about personal honor, dignity, the rights of labor, and the meaning and privileges of citizenship, often for the first time. By examining how and why merchant seamen and their officers came into contact with the law, Matthew Taylor Raffety exposes the complex relationship between brutal crimes committed at sea and the development of a legal consciousness within both the judiciary and among seafarers in this period. The Republic Afloat tracks how seamen conceived of themselves as individuals and how they defined their place within the United States. Of interest to historians of labor, law, maritime culture, and national identity in the early republic, Raffety’s work reveals much about the ways that merchant seamen sought to articulate the ideals of freedom and citizenship before the courts of the land—and how they helped to shape the laws of the young republic.

Download or read book Merchant Marine and Shipping Acts and Other Laws Relating to the United States Maritime Commission written by United States and published by . This book was released on 1940 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Shipping Law written by G. P. Pamborides and published by Martinus Nijhoff Publishers. This book was released on 1999-05-19 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The combination of the Port State Control system that is currently in operation and the tactics employed by the International Maritime Organization (IMO) for the introduction of rules and regulations for safety and pollution prevention at sea, led to the establishment of a system which has the potential to bring about significant changes. These changes extend beyond the area of safety and pollution prevention, reaching areas lying entirely beyond the scope of IMO, and actually affecting directly private maritime law. The relevant provisions of the law of the sea are outlined, in order to define the legal framework within which the regulation process for matters of safety and pollution prevention may operate. Special reference is made to the development of the concept of Port State Control and its emergence as a new, alternative method of enforcement under the guidance of IMO. The study focuses on the modus operandi of IMO and critically evaluates the tactics employed by the organization in pursuing its ends. The book also examines the practices employed by influential port states in enforcing international regulations, and it assesses the reactions of smaller states with large registries, as well as the different sectors of the industry to these developments. These developments will lead to new legislation in the contracting states, with the potential of changing the principles of private maritime law. The author also draws attention to the impact that the ISM Code and the STCW '95 may have on issues of private maritime law, through an analysis of the use of English maritime case law. The book is intended for all involved in shipping law - carriers, shipowners, ship managers, marine insurers, port managers, and others.

Download or read book Maritime Security Program written by United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on Surface Transportation and Merchant Marine and published by . This book was released on 1996 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Maritime Legislation consolidation of Shipping Laws Restricting Cargo Preference Shipments to U S Vessels written by United States. Congress. Senate. Committee on Commerce. Subcommittee on Merchant Marine and Fisheries and published by . This book was released on 1966 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Committee Serial No. 89-70. Considers S. 3446, to consolidate and reorganize maritime statutes and programs; S. 2600, to prevent vessels built and rebuilt outside the U.S. or under foreign documentation from participating in preferred cargo trade.

Download or read book European Union Maritime Safety Policy and International Law written by Henrik Ringbom and published by BRILL. This book was released on 2008 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive international law analysis of the European Uniona (TM)s maritime safety legislation. This is a relatively novel field of activity of the EU, but its development has been very rapid. Since 1993, over 40 acts of EU law have been adopted, dealing with a variety of subjects, such as port State control, classification societies, vessel traffic management, ship construction, environmental protection and pollution sanctions. This legislation is analysed from the point of international law, notably the law of the sea and the international maritime conventions. Regional legislation in a field that is traditionally regulated primarily by means of international conventions is bound to create tensions with the related international conventions and with well-established principles of international law. This study assesses how the EU has acted as a flag State, port State and coastal State and measures the trends in this development against the international legal framework. More detailed legal analyses are offered for specific aspects of EU legislation that are considered to be particularly interesting from an international law point of view. The relationship between EU law and international law within the internal EU legal system is also analysed from the specific perspective of maritime safety law.

Download or read book Codification of Maritime Law written by Justyna Nawrot and published by Informa Law from Routledge. This book was released on 2021-08-02 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores 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 national codifications of maritime law from the codification point of view.

Download or read book Routledge Handbook of Maritime Regulation and Enforcement written by Robin Warner and published by Routledge. This book was released on 2015-08-27 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: With advances in technology and maritime transport, human use of the ocean now extends beyond the traditional activities of navigation and fishing. Emerging activities such as bioprospecting, deep seabed mineral and hydrocarbon exploration and exploitation, offshore renewable energy developments and marine scientific probes of deep sea areas challenge the applicability of maritime law and policy in new ways. This handbook examines current regulatory and enforcement instruments and mechanisms for different sectors of maritime activity. Covering various jurisdictions, its specially commissioned chapters are authored by some of the world’s foremost authorities on maritime law, and offer unique perspectives on maritime law, policy and practice. This highly relevant collection is organised into four parts: • International Law Considerations in Maritime Regulation and Enforcement • Role of States and other International Actors in Maritime Regulation and Enforcement • Regulation and Enforcement in Different Maritime Sectors • Current Issues and Future Challenges This comprehensive reference work will be of interest to scholars and students of maritime law, practitioners and non-lawyers interested in the regulation of offshore areas, as well as policy-makers.

Download or read book Maritime Law in New Zealand written by Bevan Marten and published by . This book was released on 2016 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Despite the New Zealand economy's near total reliance on shipping, Maritime Law in New Zealand is the first book dedicated to its subject. It provides the wider context in which maritime law issues are dealt with in the New Zealand legal system, as well as valuable guidance on the extensive international law sources that characterise this field.Maritime Law in New Zealand pulls together the various strands of legislation and jurisprudence into one extensive analysis with a distinct focus on application in the New Zealand territorial zone. Divided into nine chapters, the book provides clarity around New Zealand's complex Maritime Transport Act 1994, and discusses its interaction with related legislation such as the Resource Management Act 1991. Topics like the admiralty jurisdiction and maritime law's distinctive civil liability regimes are placed in a wider context, drawing on other legal systems to highlight similarities, as well as areas in which New Zealand has taken a different path.Applicable to those dealing with maritime issues in a commercial, criminal or regulatory context, Maritime Law in New Zealand will be a valuable resource for domestic and international legal practitioners, academics, marine insurers, ports and all whose business involves the sea."--Back cover.

Download or read book American Maritime Cases written by and published by . This book was released on 1924 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Index of Current Regulations of the Maritime Administration Maritime Subsidy Board National Shipping Authority written by United States. Maritime Administration and published by . This book was released on 1964 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Navigation Rules written by United States. Coast Guard and published by Skyhorse Publishing Inc.. This book was released on 2011 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: For anyone who owns a boat, this is the handbook for you. Included are all of the official government rules and regulations that must be followed by anyone out on the water. This book will prepare you for head?on situations, avoiding collisions, using, distress signals, and will inform you of all the up?to?date water regulations. Whether you?re in a jam or just relaxing at sea, Navigation Rules will teach and prepare you for anything and everything you may encounter while on your boat.

Download or read book Maritime Law written by Christopher Hill and published by Taylor & Francis. This book was released on 2017-09-25 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maritime Law is an exhaustive introduction to this complex area of law. The book is ideal for newcomers and experienced professionals requiring an update on the general principles and case law. • Charterparties chapter • Passengers chapter • Salvage – includes developments in case law and introduction of new Lloyd’s Open Form Salvage Agreement • Sale of ship and shipbuilding contracts • Collisions • Oil pollution – Convention on bunker spills