Download or read book Responsibility and Accountability in Maritime Law written by Simon Daniels and published by Informa Law from Routledge. This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminalisation of seafarers has been observed as a growing phenomenon for more than forty years, presenting a picture of increasing liability upon the Master even though their responsibilities remain essentially unchanged in generations of maritime law. Because of the demand by society to find someone to blame for environmental and human loss, there is a constant flow of cases, which serve to confirm the phenomenon but offer no solutions to defend the innocent. The structure of the maritime environment in which they work has changed dramatically, as evidenced by the complex evolution of fleet ownership and management, leaving the Master with diminished management influence. This book has been written in a format which meets the needs of lawyers, academics and maritime professionals, with the aim to analyse the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation, identifies the constituent problems in such criminal accountability. Each chapter relies heavily on case studies to illustrate how the laws which reflect national policy underpinning those priorities are applied in practice. This structure enables an understanding the problems in the criminal process, with a view to offering options for solutions. The book is directly relevant to a broad range of parties that includes lawyers, academics, P & I clubs, seafarers, shipowners, managers and agents, and national and international seafaring unions.
Download or read book Responsibility and Accountability in Maritime Law written by Simon Daniels and published by Taylor & Francis. This book was released on 2022-04-04 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminalisation of seafarers has been observed as a growing phenomenon for more than forty years, presenting a picture of increasing liability upon the Master even though their responsibilities remain essentially unchanged in generations of maritime law. Because of the demand by society to find someone to blame for environmental and human loss, there is a constant flow of cases, which serve to confirm the phenomenon but offer no solutions to defend the innocent. The structure of the maritime environment in which they work has changed dramatically, as evidenced by the complex evolution of fleet ownership and management, leaving the Master with diminished management influence. This book has been written in a format which meets the needs of lawyers, academics and maritime professionals, with the aim to analyse the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation and identifies the constituent problems in such criminal accountability. Each chapter relies heavily on case studies to illustrate how the laws which reflect national policy underpinning those priorities are applied in practice. This structure enables an understanding of the problems in the criminal process, with a view to offering options for solutions. The book is directly relevant to a broad range of parties which includes lawyers, academics, P & I clubs, seafarers, shipowners, managers and agents, and national and international seafaring unions.
Download or read book Maritime Work Law Fundamentals Responsible Shipowners Reliable Seafarers written by Iliana Christodoulou-Varotsi and published by Springer Science & Business Media. This book was released on 2007-10-18 with total page 834 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of international maritime labour law - both as a component of - ternational maritime law, and in socio-political and economic terms - has been recognised by the IMO International Maritime Law Institute for a number of years. Indeed, the Institute has annually organised a course on maritime labour law with the participation of inter alia the International Maritime Organization, the - ternational Labour Organization, the International Transport Workers’ Federation, and the German Shipowners’ Association. It was therefore a great pleasure when the authors invited me to introduce their forthcoming monograph on Maritime Work Law Fundamentals: Responsible S- powners Reliable Seafarers. As the title suggests, a fundamental challenge of this branch of international maritime law is to achieve a balance between the interests of the two main stakeholders. Institutionally, the effort to achieve this balance dates back a number of decades with its genesis mainly found in the work of the International Labour Organization. It has to be said that whilst this effort achieved great progress, it has led to a haphazard, plethora of legal instruments.
Download or read book Responsibility and Liability in the Maritime Context written by Peter Ehlers and published by Lit Verlag. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Seminar on responsibility and liability in the maritime context, papers of which are published in this volume, dealt with the rules of the law of the sea and of maritime law governing these issues in order to realize similarities and differences in both fields of law which constitute the law of maritime affairs. Participants of the Seminar, which took place in July 2008 in the Premises of the International Tribunal for the Law of the Sea, were scholars and associates of the International Max Planck Research School for Maritime Affairs (IMPRS) and students of the Law Faculty, University of Hamburg.
Download or read book Maritime Work Law Fundamentals written by Iliana Christodoulou-Varotsi and published by Springer. This book was released on 2016-05-01 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of international maritime labour law - both as a component of - ternational maritime law, and in socio-political and economic terms - has been recognised by the IMO International Maritime Law Institute for a number of years. Indeed, the Institute has annually organised a course on maritime labour law with the participation of inter alia the International Maritime Organization, the - ternational Labour Organization, the International Transport Workers Federation, and the German Shipowners Association. It was therefore a great pleasure when the authors invited me to introduce their forthcoming monograph on Maritime Work Law Fundamentals: Responsible S- powners Reliable Seafarers. As the title suggests, a fundamental challenge of this branch of international maritime law is to achieve a balance between the interests of the two main stakeholders. Institutionally, the effort to achieve this balance dates back a number of decades with its genesis mainly found in the work of the International Labour Organization. It has to be said that whilst this effort achieved great progress, it has led to a haphazard, plethora of legal instruments."
Download or read book Pollution at Sea written by Baris Soyer and published by Taylor & Francis. This book was released on 2013-06-07 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sharp, informed and thoroughly practical guide to contemporary and developing issues relating to sea pollution, prepared by leading academics and practitioners with everyday hands-on experience. Pollution at Sea focuses on a number of the vital private law issues – compensation, insurance, contract and tort – thrown up by contemporary developments in the law of pollution. The book also intends to offer a critical analysis on emerging public law concepts, such as the legal position of seafarers from the perspective of criminal law in cases of pollution and the impact of port state control as a pollution control mechanism. Pollution at Sea is divided into three parts: 1. Private Law Liability Regimes 2. Rights and Liabilities of Particular Parties 3. The Impact of Public Law on the Actors Concerned In part 1; various liability regimes are dissected, including those which have been under the spotlight in recent years. This section has particular international appeal, and many of the regimes discussed are based at least in part on international conventions, agreements or practices. In part 2; the impact of pollution at sea on third parties is considered, with respect to the legal position of parties that might be perused either by the victims of pollution incidents or in some cases by the parties liable by way of a recourse action. Finally in part 3; recent relevant developments, particularly in the realm of public law are covered.
Download or read book Ship Operations written by Baris Soyer and published by Taylor & Francis. This book was released on 2020-12-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers in one handy volume all the major topics associated with ship operations. Carefully, co-ordinated to ensure breadth, relevance and lack of overlap, the topics covered are addressed by authors are the very top of their profession, whether in legal practice or academia, and are presented in a manner which is topical and clear. Part I offers a detailed and critical analysis of issues of contemporary importance concerning new liability regimes and developments. Part 2 discusses how parties, in particular ship operators, attempt in contemporary practice to allocate their risks concerning ship operations. Part 3 evaluates the legal position of those involved in more ‘back office’ operations. The book provides an invaluable guide to recent legal and practical developments and offers a comprehensive, well-informed and thoroughly practical guide on what is a very complex and developing area of law. It will therefore be of great use to legal practitioners and administrators of ship operations worldwide, as well as students in this area and academics associated with maritime law generally.
Download or read book Admiralty and Maritime Law written by Robert Force and published by . This book was released on 2004 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph introduces federal judges to admiralty and maritime law, including both general maritime and statutory law. The author examines the rules relating to jurisdiction and procedure that are peculiar to this field. Topics include areas relating to commercial law, such as charter parties, carriage of goods, and marine insurance. The Carriage of Goods by Sea Act, the Pomerene Act, and the Harter Act receive extensive treatment. The monograph explains the body of law dealing with maritime personal injury and death, including damages and seamen's remedies, the Jones Act, and the Longshore and Harbor Workers' Compensation Act. Collision, towage, pilotage, salvage, limitation of liability, maritime liens, and general average are also covered.
Download or read book Shipping and the Environment written by Colin de la Rue and published by Taylor & Francis. This book was released on 2022-12-30 with total page 2443 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 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. With a highly readable introductory chapter amounting to a book within a book, this is a volume of great importance to all whose work or studies are concerned with marine environmental affairs, whether in government, international bodies, industry, technical organizations, the professions, environmental NGOs, the academic world or other walks of life.
Download or read book Environmental Norms in Maritime Law written by Tsimplis, Michael and published by Edward Elgar Publishing. This book was released on 2021-12-07 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book examines the reform of maritime law under the influence of environmental principles and the effects of these changes in the legal relationships between maritime stakeholders. Providing an integrated assessment of the use of environmental principles in the governance of shipping and maritime law, it argues that normative barriers supported by short term financial interests, the balance of power between states and the technocratic character of the IMO are delaying necessary changes to support sustainable development and thus endanger the marine environment.
Download or read book Modern Maritime Law Volume 2 written by Aleka Mandaraka-Sheppard and published by CRC Press. This book was released on 2013-12-17 with total page 1019 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique title examines in depth issues of jurisdiction, maritime law and practice from a modern perspective and highlights the importance of risk management with a view to avoiding pitfalls in litigation or arbitration and minimising exposure to liabilities. The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities. The second volume tackles the substantive maritime law with a particular emphasis on risk and liabilities, and analyses issues of contract, tort and criminal law, causation and remoteness of damages. Key features of Volume Two include: An analysis of the regulatory regime, new EU and IMO safety at sea legislation, reforming practices for flag states and recognised organisations, vetting, codes of good practice, and International Conventions. An explanation of the Rules of attribution of liability, the impact of the ISM Code upon liabilities, including criminal, corporate manslaughter, and the new Directive for ship-source pollution. Important developments in areas including: Ship-managing risks, best endeavours and fiduciary duties Mortgagees risks and economic torts New BIMCO standard terms of contracts Ship-sale risks – including sale ‘as is’ and ‘as she was’ Shipbuilding risks – guarantees and performance bonds New trends on wrongful acts of employees, collisions and measure of damages, salvage issues, environmental salvage, and towage contracts Piracy risks cases and general average New perspectives on risks and liabilities of port authorities Pollution liabilities, including trends of prosecution of class societies and charterers and new limits of liability under International Conventions Purchase Volumes 1 and 2 of the Modern Maritime Law together for a reduced price at http://www.routledge.com/books/details/9780415843201/
Download or read book The Liability of Classification Societies written by Nicolai I. Lagoni and published by Springer Science & Business Media. This book was released on 2007-06-30 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because the liability of ship owners is limited, classification societies have been considered as exempt from liability. This book analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or American maritime law. In addition, it develops the fundamental aspects of an international convention on the limitation of the liability of classification societies.
Download or read book Autonomous Vessels in Maritime Affairs written by Tafsir Matin Johansson and published by Springer Nature. This book was released on 2023-03-04 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines law and governance implications in relation to maritime autonomous surface ships (MASS). Adopting a multi-disciplinary approach, it focuses on a wide array of timely, topical and thorny issues, including naval warfare and security, seaworthiness and techno-regulatory assessments, global environmental change, autonomous passenger transportation, as well as liability and insurance. It also considers selected national and regional developments. The book provides an insight into the role of innovation-diplomacy as the driving force that could expedite the transition from automation to autonomy. After navigating through the complex law and governance landscape, it concludes by assessing critical findings for further consideration. The book will appeal to scholars and students of maritime technology, law and governance. Chapter 11 and Chapter 18 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Download or read book Admiralty and Maritime Law written by Robert Force and published by Beard Books. This book was released on 2006-06 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an abridged version of a casebook (previously published in two volumes) on admiralty and maritime law. Nine chapters cover: admiralty jurisdiction and procedure; federalism and admiralty jurisdiction; admiralty remedies; carriage of goods; charter parties; personal injury and death claims; collision and other accidents; maritime liens; and
Download or read book Coast Guards and International Maritime Law Enforcement written by Suk Kyoon Kim and published by Cambridge Scholars Publishing. This book was released on 2020-07-30 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores various aspects of the roles and responsibilities of coast guards, which are increasingly becoming significant today, and sheds light on their authority and limitations in the course of maritime law enforcement. It is unique in its unraveling of all facets of coast guards, focusing on their law enforcement authority and limitations from a practical perspective. It details the principles and procedures that coast guard officers are required to follow in the course of international law at sea by examining treaties, conventions, international rulings, and theories. The text employs a comparative study of national coast guards and a review of cases concerning international maritime law enforcement. It provides practical insights into coast guards and their law enforcement, based on the author’s career experience and service as a Commissioner General in the Korea Coast Guard. As such, this book will serve as a good reference in practice and contribute to the formulation of guidelines and criteria of maritime law enforcement of coast guards.
Download or read book Liability Regimes in Contemporary Maritime Law written by Rhidian Thomas and published by Taylor & Francis. This book was released on 2020-12-23 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the topical and current issues in maritime law and brings them together into a coherent strand by the common perspective of liabilities for the professional reader. Liability Regimes in Contemporary Maritime Law appeals to both the industry and the legal profession and provides a degree of analysis and discussion, while also bringing together in a single volume the essential interest in a range of individual subject areas.
Download or read book Maritime Organisation Management and Liability written by Stephen Girvin and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies and examines the legal challenges facing the shipping industry and ship management today. It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods. The book will be a useful resource for academics and practising lawyers working in shipping and maritime law.
