Download or read book Selected Issues in Maritime Law and Policy written by Maximo Quibranza Mejia and published by Nova Science Publishers. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international nature of the maritime industry means that ships are subject to the varying legal jurisdictions of the ports in which they call. Law and policy provide a framework necessary for establishing order and harmonization in a highly regulated global industry; they are vital instruments for promoting the safety, security, and commercial efficiency of shipping as well as the protection of the marine environment, in an atmosphere of competing national-contra-global as well as private-contra-public interests. Furthermore, it is of great importance that the legal and policy aspects of maritime activities closely follow the rapid pace of technological and commercial developments. Students and practitioners in maritime law and policy need to be constantly familiar with trends in the shipping industry and possess a solid comprehension of the international legal regimes that not only encourage the sustainable development of global maritime commerce, but also regulate its conduct. This book is a collection of essays dedicated to Professor Proshanto Kumar PK Mukherjee, one of the leading lights in the area of maritime law and policy.It presents a mix of background information and insightful analysis by leading experts on a wide range of some of the most pressing and contemporary maritime law and policy topics -- ranging from the development of maritime standards (Mbiah) to the challenges of operating flags of convenience (Mensah), from the latest convention on the international carriage of goods by sea (Basu Bal) to liability and compensation issues related to ship-source marine pollution (Jacobsson, Xu, Kojima), from the intricacies of marine insurance law (Thomas, Gauci) to the vagaries of the conflict of laws (Manolis), and from the legal framework for maritime piracy (Menefee) to the linkages between political stability, economic development, and piracy (Mejia).
Download or read book Selected Contemporary Issues in the Law of the Sea written by Clive R. Symmons and published by Martinus Nijhoff Publishers. This book was released on 2011-06-09 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on papers presented at Trinity College, Dublin, in 2010, 15 international expert contributors cover diverse law of the sea aspects such as straight baselines, high seas/EEZ jurisdiction (including human rights issues), and the definition of, and jurisdiction over, piracy and submissions to the CLCS relating to outer continental shelf claims in disputed areas
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 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 Regulatory Gaps in Baltic Sea Governance written by Henrik Ringbom and published by Springer. This book was released on 2018-04-04 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this publication is the uniqueness of the Baltic Sea from a legal perspective, and the regulatory voids that result from the multiple layers of regulation this area is subjected to: up to six layers of regulation (general international law, regional conventions, EU law, national laws, local and municipal rules plus a whole range of non-binding norms and other 'soft law' arrangements) act in parallel. However, a large number of rules or regulatory layers does not in itself ensure effectiveness or consistency. When the regulatory landscape is approached from the point of view of individual substantive topics, it is apparent that the norms of different regulatory layers entail both overlaps, gaps and uncertainties, differently for each topic. This publication addresses a selection of topics that are decidedly international in nature, but for which current international and EU rules include important gaps or uncertainties. In addition to presenting a set of legal analyses of topical issues for the region, which in itself is a meritorious objective in view of the relative scarcity of legal studies with a focus on the Baltic Sea, the publication also seeks to analyze the regulatory 'anatomy' of the selected issues in more detail. Through the legal analyses the chapters explore how regulatory gaps are formed, how they are filled, how the rules of the different layers work together and interact with each other in the selected areas. Accordingly, the secondary ambition is to explore, through the chapters, whether more general conclusions can be drawn about the nature of the regulatory gaps and multi-layerism in order to produce a better understanding of how regulations on multiple levels operate in practice.
Download or read book Selected Contemporary Issues in the Law of the Sea written by Clive R. Symmons and published by BRILL. This book was released on 2011-06-09 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on papers presented at Trinity College, Dublin, in 2010, 15 international expert contributors cover diverse law of the sea aspects such as straight baselines, high seas/EEZ jurisdiction (including human rights issues), and the definition of, and jurisdiction over, piracy and submissions to the CLCS relating to outer continental shelf claims in disputed areas
Download or read book Marine Insurance at the Turn of the Millennium written by Marc Huybrechts and published by Intersentia nv. This book was released on 2000-09-26 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both volumes present an in depth analysis of actual marine insurance relative to hull insurance, cargo insurance and P&I insurance. The impact of European law on marine insurance and, more specifically, European Competition Rules in relation to P&I insurance are covered. In addition, specific issues such as the future Belgian Marine Insurance statute and the Antwerp Marine Policy are dealt with. The subjects are covered in a broad comparative law perspective, combining practice and theory. Also topics such as the ISM code and its relation to marine insurance and the position of classification societies and quality insurance are considered.
Download or read book Maritime Security written by Natalie Klein and published by Routledge. This book was released on 2009-10-16 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume identifies those issues that affect Australia and New Zealand’s maritime security, evaluating the issues from legal and political perspectives, as well as examining the issues within the broad framework of international law and politics. The book also addresses considerations in the Pacific, Asian and Antarctic regions.
Download or read book Florida Maritime Law and Practice written by and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Publication designed to aid Florida lawyers to practice admiralty and maritime law more efficiently and effectively. It is the ideal guide for Florida practitioners, with a focus on Florida-specific statutes, case law, and rules. The comprehensive source also cites to applicable secondary sources, as well as federal statutes and case law, and international law.
Download or read book Major Law and Policy Issues in the South China Sea written by Dr Yann-huei Song and published by Ashgate Publishing, Ltd.. This book was released on 2014-03-28 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Major law and policy issues in the South China Sea are discussed mainly from the perspectives of leading American and European scholars in the study of the complex South China Sea disputes. The issues include regional maritime cooperation and regime building, Southeast Asian countries’ responses to the Chinese assertiveness, China’s historic claims, maritime boundary delimitation and excessive maritime claims, military activities and the law of the sea, freedom of navigation and its impact on the problem, the dispute between Vietnam and China, confidence-building measures and U.S.-Taiwan-China relations in the South China Sea, and Taiwan’s role in the resolution to the South China Sea issues. Over the past three years, there have been several incidents in the South China Sea between the claimants, and also between the claimants and non-claimants over fisheries, collection of seismic data, exploration for oil and gas resources, and exercise of freedom of navigation. Third party concerns and involvement in the South China Sea disputes have been increasing as manifested in actions taken by the United States, India, and Japan. It is therefore important to examine South China Sea disputes from the legal and political perspective and from the view point of American and European experts who have been studying South China Sea issues for many years.
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 Research Handbook on Maritime Law and Regulation written by Jason Chuah and published by Edward Elgar Publishing. This book was released on 2019 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been important developments in commercial practice, technology, shipping infrastructure and sustainability policies in recent times. This Research Handbook examines the major themes surrounding the thinking and studies of maritime law and practice. The stellar panel of contributors take a diverse range of approaches to identify any emerging theoretical and conceptual perspectives in law on what is essentially a fast paced sector of the global economy.
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 Autonomous Ships and the Law written by Henrik Ringbom and published by Routledge. This book was released on 2020-12-02 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in autonomous ships has grown exponentially over the past few years. Whereas a few years ago, the prospect of unmanned and autonomous vessels sailing on the seas was considered unrealistic, the debate now centers on when and in what format and pace the development will take place. Law has a key role to play in this development and legal obstacles are often singled out as principal barriers to the rapid introduction of new technologies in shipping. Within a few years, autonomous ships have turned from a non-issue to one of the main regulatory topics being addressed by the International Maritime Organization. However, the regulatory discussion is still in its infancy, and while many new questions have been raised, few answers have been provided to them to date. Increased automation of tasks that have traditionally been undertaken by ships' crews raises interesting legal questions across the whole spectrum of maritime law. The first of its kind, this book explores the issue of autonomous ships from a wide range of legal perspectives, including both private law and public law at international and national level, making available cutting-edge research which will be of significant interest to researchers in maritime law. Chapter 3 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial (CC-BY-NC) 4.0 license.
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 in China written by Johanna Hjalmarsson and published by Routledge. This book was released on 2023-12-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese maritime and shipping market has been expanding enormously in recent times as its commercial capacity to perform shipping, ship building, banking and insurance activities grows and the role of the State as guarantor of commerce is gradually reduced. This book provides a detailed guide to current Chinese maritime law, written by an expert team of contributors and systematically covering key areas such as carriage of goods by sea, international trade, vessels and seafarers and maritime liabilities. The authors explore cutting-edge issues within each topic, and analyse current trends in law reform. The book will be of interest to academics researching commercial and maritime law, as well as maritime law practitioners and shipping industry professionals working with aspects of Chinese maritime practice.
Download or read book Maritime Security and the Law of the Sea written by Sir Malcolm D. Evans and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring everything from contemporary challenges to ocean security this book offers detailed insights into the increasing activities of state and non-state actors at sea. Chapters revisit the United Nations Convention on the Law of the Sea (LOSC), highlighting how not all maritime security threats can be addressed by this, and further looking at the ways in which the LOSC may even hinder maritime security.
