Download or read book Third Party Protection in Shipping written by Carlo Corcione and published by Taylor & Francis. This book was released on 2019-08-06 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines third party protection in shipping. Today, shipping is not just a part of the supply chain; it is indistinguishable from it. Once at the periphery, third party protection is now a central element of carriage. This matter is addressed by means of analysis of the current legal framework in relation to third parties and an evaluation of how, within this framework, the law applicable to a third party may be uncovered. Third party protection is analysed under the following: the Hague/Hague-Visby Rules; the Hamburg Rules; the Rotterdam Rules; English law and United States law; and civil law. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in shipping and international trade.
Download or read book Compulsory insurance third party liability requirements for fishing vessels a case for the introduction of compulsory fishing vessel insurance in the Caribbean written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2020-02-28 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: This circular summarizes the findings of an FAO assessment of legal frameworks in five Caribbean countries (Barbados, Dominica, Saint Kitts and Nevis, Saint Vincent and the Grenadines and Trinidad and Tobago) in terms of entry points for introducing fishing vessel insurance. It also contains an overview of international conventions governing marine insurance and examples of mandatory fishing vessel insurance legislation from selected countries. The origins of compulsory third party liability insurance in the maritime industry and its introduction in international instruments (e.g. the Bunkers Convention, the Wreck Removal Convention, and the EU Directive 2009/20/EC) are discussed. The benefits of introducing compulsory third party liability insurance for everyone involved in the fisheries industry (claimants, shipowners, and society in general) in line with those in the merchant shipping industry are presented. Model regulations to facilitate introduction of compulsory third party liability insurance for fishing vessels are provided, as well as information to support fishers’ awareness raising and capacity building on this subject. This circular also contains the proceedings of a Stakeholder Meeting on Fisheries Insurance Legislative Frameworks for the Caribbean, held on 15 November 2019 in Barbados, where the assessment findings, best-practices and model regulations were presented. The circular makes a case for introduction of compulsory third party liability insurance for fishing vessels in the Caribbean, and claims that such insurance contributes to improving the working conditions of fishers, their safety and to responsible fishing practices.
Download or read book The Function of Protection Indemnity Marine Insurance in Relation to Ship Owner S Liability for Cargo Claims written by Joseph Tshilomb JK, LLM;MSc and published by AuthorHouse. This book was released on 2016-03-04 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early days of shipping and international maritime trade many more casualties occurred at sea. Ever since, ship owners liability for cargo claims has been increasing both in number and in cost in spite of the huge technical development in international maritime transport. In order to make it easier for ship owners to operate safely and efficiently the Protection and Indemnity appeared around 1870 as mutual marine insurance. Besides Hull & Machinery and Cargo Insurance offered on the international commercial market in insurance, Protection and Indemnity Insurance (known under the acronym P&I) is a ship owners insurance cover for legal liabilities to third parties. This cover is generally achieved by entering the ship in a mutual insurance club. Nowadays, the mutuality is performed by an underwriter who endeavors to see that each owner carries his fair share of the risk. The members of P&I clubs are ship owners, charterers or ship management companies. At present, a major function of the Protection and Indemnity insurance is to cover the ship owner for legal and contractual liability for loss of cargo or damage to cargo if there has been a breach of the carriage contract. This liability is called Third party liability. The ship owner will handover the cargo claim to his P&I Club. In order to clarify this liability, Article 3, Paragraph 2 of the Hague Visby rules stipulates: Subject to the provisions of Article 4 the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried. Therefore, the focus in this research study is placed on the function of Protection and Indemnity insurance covering the ship owners liability for damage to cargo or loss of cargo.
Download or read book Arbitration Clauses and Third Parties written by Asli Arda and published by Taylor & Francis. This book was released on 2023-07-18 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties. This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses.
Download or read book Nuclear Science Abstracts written by and published by . This book was released on 1971-10 with total page 1644 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Ship Mortgages written by David Osborne and published by Taylor & Francis. This book was released on 2024-08-26 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated and comprehensive 3rd edition of The Law of Ship Mortgages provides readers with a practical, commercially based and definitive guide to the English law of ship mortgages. The authors, being seasoned practitioners, bring their extensive experience to bear on a number of difficult and developing areas of the law, such as: mortgagees’ duties, liability to charterers, the conflict of laws, work-outs, restructurings and cross-border insolvency. The 3rd edition includes new chapters on pre-delivery security, security over shares and on the increasingly important topic of ship leasing as a method of finance. It is written against the background of, and has regard to, ever-increasing sanctions affecting shipping and ship finance as well as the continued regulatory and industry-driven push towards reduction of emissions (IMO 2020 and IMO 2050). Written primarily with practitioners in mind, The Law of Ship Mortgages will continue to be extremely useful to legal professionals, especially in common law jurisdictions, involved in international ship finance or ship mortgage enforcement. It will also be a valuable resource for postgraduate students and academics, especially those with an interest in shipping law or the law of personal property more generally.
Download or read book Third party Funding in International Arbitration and Its Impact on Procedure written by Jonas von Goeler and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction --The Various Forms of Third-Party Funding in International Arbitration --Litigation Funding in International Arbitration --Disclosure of Third-Party Funding in International Arbitration Proceedings --Privilege Protection of Documentary Evidence and Third-Party Funding --Jurisdictional Issues and Third-Party Funding --Impartiality and Independence of Arbitrators and Third-Party Funding --Confidentiality in International Arbitration Proceedings and Third-Party Funding --Security for Costs and Third-Party Funding --Awarding of Costs and Third-Party Funding --Summary of Part I and Part II --Concluding Remarks.
Download or read book Modern Maritime Law and Risk Management written by Aleka Mandaraka-Sheppard and published by CRC Press. This book was released on 2014-02-04 with total page 1150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern Maritime Law and Risk Management provides comprehensive coverage of contemporary international admiralty and maritime law in an easily accessible style. It brings together substantive law, jurisdictional issues and international aspects of maritime liabilities and compensation with a practical discussion of modern risk management. The book is an essential guide for marine lawyers worldwide, students, shipowners, ship managers, salvors, shipbrokers, mortgagees, P&I Clubs, shipbuilders, port authorities, classification societies, regulators and other shipping and risk management professionals. With a wealth of information covered, the book is helpfully divided into four parts – Admiralty Jurisdiction and Procedure; Substantive Law; International Conventions; and Safety at Sea.
Download or read book Compilation of Standard Contract Forms of the War Shipping Administration written by United States. War Shipping Administration and published by . This book was released on 1945 with total page 1024 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Marine Policy written by Mark Zacharias and published by Routledge. This book was released on 2019-06-20 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides readers with a foundation in policy development and analysis, describing how policy, including legal mechanisms, are applied to the marine environment. It presents a systematic treatment of all aspects of marine policy, including climate change, energy, environmental protection, fisheries, mining and transportation. The health of marine environments worldwide is steadily declining, and these trends have been widely reported. Marine Policy summarizes the importance of the ocean governance nexus, discussing current and anticipated challenges facing marine ecosystems, human activities, and efforts to address these threats. This new, fully revised edition has been updated throughout, including content to reflect the recent advances in ocean management and international law. Chapters on shipping, energy/mining and integrated approaches to ocean management have been significantly reworked, plus completely new chapters on the United Nations Convention on the Law of the Sea, and the impacts of climate change have been added. Pedagogical features for students are included throughout. Aligned with current course offerings, this book is an ideal introduction for undergraduates and graduate students taking marine affairs, science and policy courses.
Download or read book Shipping Finance written by Stephenson Harwood and published by Euromoney Books. This book was released on 2006 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suitable for bankers, lawyers, ship owners and those involved in ship finance, this work covers topics such as; financing secondhand ships; financing new buildings; the banker's perspective; derivatives in shipping finance; equity and debt issues; the ship mortgage; assignment of insurances and earnings; and tax issues.
Download or read book Shipbroking and Chartering Practice written by Evi Plomaritou and published by Taylor & Francis. This book was released on 2017-12-12 with total page 969 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its eighth edition, this classic text is a first point of reference for anyone looking to obtain an understanding of chartering and shipbroking practice. It provides hands-on, commercially-focused explanations of chartering business and invaluable advice on how the shipping market operates across a broad range of topics. The authors also deal expertly with the legal, financial, operational and managerial aspects of chartering, offering numerous case studies which clearly link theory to practice. This new edition has been fully revised and updated to reflect the current trends in chartering practice, legal developments and standard forms of charterparties. New to this edition: Enriched with practical examples covering crucial aspects of chartering and shipbroking business, such as voyage estimations, freight conversions and tanker calculations. New material on day-to-day laytime principles, including "Laytime Definitions for Charterparties 2013", associated commentary and relevant examples. Shipping Marketing as a modern tool of improving chartering and shipbroking business. Expanded coverage of the economic background of chartering, including markets, vessels, cargoes, trades and fixtures. Freight rates for all vessel types from 1980 to 2015. Updated review of well-known standard charterparty documents (including NYPE 2015), together with clauses and wordings commonly applying to various charter types. Analytical glossary containing typical terms and abbreviations used in chartering negotiations. This book is an essential guide for practitioners in private practice and in-house for shipowners and cargo houses, as well as those studying shipbroking and chartering.
Download or read book A Critical Analysis of the Protection offered to Third Parties in Respect of Liabilities and Immunities under a Bill of Lading written by Alicia Danielsson and published by GRIN Verlag. This book was released on 2015-07-22 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2015 in the subject Law - Miscellaneous, grade: 1,0 (A), , language: English, abstract: The transportation of goods between exporters in one country and importers in another is one of the most important elements of international commerce and thus constitutes a significant part of an international sales contract. Even today, a large amount of cargo is still transported from one country to another by sea. Thus, bills of lading continue to play a crucial role. As defined by Lord Justice Blackburn in “Blackburn on the Contract of Sale” , a bill of lading is "[a] writing signed on behalf of the owner of ship in which goods are embarked, acknowledging the receipt of the Goods, and undertaking to deliver them at the end of the voyage, subject to such conditions as may be mentioned in the bill of lading." For a carrier, a bill of lading serves as evidence of a shipping contract and contains the terms of carriage. In particular, as any agreements not specified on the bill of lading do not affect third parties, the bill plays a crucial role in international trade. In terms of international universal rules which are applicable for international carriages, and especially bills of lading, the most influential sets of rules are the Hague Rules and the Hague-Visby Rules, as well as the Hamburg Rules. Accordingly, the responsibilities and liabilities of carriers in cases in where goods are being transported on the basis of bills of lading are determined by the Hague and the Hague-Visby Rules, which are widely accepted in this realm. The Hamburg Rules, in contrast to the previous two, has found itself under more political pressure from developed nations and hence defines responsibilities of carriers in a wider fashion. However, due to this, it has not been as widely ratified and is, thus, more limited in its application. However, due to the less wide net of the Hague-Visby Rules in relation to the period of responsibility as well as definitional issues regarding the limitation of liability and immunities of third parties in bills of lading, there is still a sense of uncertainty in the area of carriage contracts. These will be briefly discussed in the following. A particular focus will be placed on the issues in defining third parties and the mechanisms used to link the effects of tortious claims to contractual claims under international uniform law. This will be followed by an examination of the rationale and legitimacy issues of Himalaya clauses to grant third parties liability protection under universal international law.
Download or read book The Dictionary of Maritime written by Utku Taşova and published by Entropol. This book was released on 2023-11-03 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: Your Compass to Maritime Mastery As boundless as the oceans, the field of maritime studies has charted the course of human civilization for centuries. It's an ever-evolving realm where the waves of change constantly reshape the contours of knowledge. In this expansive sea of understanding, having a reliable compass is indispensable. The Dictionary of Maritime, with its compendium of 4,645 meticulously curated entries, aims to be that navigational aid guiding enthusiasts, professionals, and scholars alike through the complex waters of maritime terminology. Our journey begins at the shores of basic nautical terms, ventures through the straits of maritime law, navigates the currents of naval architecture, and explores the depths of oceanography. Each entry within this dictionary is akin to a nautical star, guiding readers through the dense fog of maritime jargon towards the clarity of comprehension. The Dictionary of Maritime is far more than a mere collection of definitions; it's a lighthouse illuminating the path for those sailing the tumultuous seas of maritime studies. Whether you are a seasoned mariner, a maritime law scholar, a naval architect, or an oceanography student, this dictionary is designed to bridge the gap between the arcane and the understood, between obscurity and clarity. This book is not merely a passive repository of maritime terms but an active engagement with the rich tapestry of maritime knowledge. Each term, each phrase is a portal into a vast world that has shaped, and continues to shape, the course of human history. The terms encapsulated within these pages are buoy markers on your journey through the expansive waters of maritime understanding. Our endeavor is to foster a shared lexicon, a common ground of understanding that can enhance communication, collaboration, and comprehension across the myriad sectors within the maritime domain. By doing so, we aspire to contribute to the safety, efficiency, and evolution of the maritime world. As you delve into the pages of The Dictionary of Maritime, you are embarking on a voyage of discovery. Each term you encounter is a nautical mile on your journey towards a deeper understanding of the world that lies beyond the horizon. We invite you to hoist the sails of curiosity and let the winds of knowledge guide you through the enlightening pages of The Dictionary of Maritime. May your quest for understanding be as boundless as the oceans and may your exploration through these entries chart a course towards a lifetime of learning in the maritime realm.
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 Artificial Intelligence and Autonomous Shipping written by Baris Soyer and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays critically evaluates the legal framework necessary for the use of autonomous ships in international waters. The work is divided into three parts: Part 1 evaluates how far national shipping regulation, and the public international law background that lies behind it, may need modification and updating to accommodate the use of autonomous ships on international voyages. Part 2 deals with private law and insurance issues such as collision and pollution liability, salvage, limitation of liability and allocation of risk between carrier and cargo interests. Part 3 analyses international convention regimes dealing with maritime safety and other matters, arguing for specific changes in the existing conventions such as SOLAS and MARPOL, which would provide the international framework that is necessary for putting autonomous ships into commercial use. The book also takes the view that amendment of international conventions is important in the case of liability issues, arguing that leaving such matters to national law, particularly issues concerning product liability, could not only restrict or hinder the availability of liability insurance but also hamper the development of technology in this field. Written by internationally-known experts in their respective areas, the book offers a holistic approach to the debate on autonomous ships and makes a timely and important contribution to the literature.
Download or read book Regulation of Risk written by Abhinayan Basu Bal and published by BRILL. This book was released on 2022-12-28 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation of Risk provides comprehensive insight into regulation of risk in transport, trade and environment. Contributions provide national, regional and international perspectives on pressing questions: How is risk conceived in light of novel technological deployment, climate change, political upheaval, evolving geopolitics, and the COVID-19 pandemic? What legal tools such as contractual frameworks and governance structures are available to manage the changing landscape of risk? This book highlights the importance of dialogue and collaborative decision-making on risk between policymakers, institutions, societal stakeholders and the scientific community.
