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Marine and Coastal Law: Cases and Materials
by Dennis W. Nixon Michael J. Daly Susan E. Farady Read D. Porter Julia B. WymanThis extensively updated third edition of the classic casebook Marine and Coastal Law provides readers with an authoritative, comprehensive, and up-to-date guide to landmark laws, regulations, and legal decisions governing the United States' vast marine and coastal resources.This thoroughly revised and updated third edition of the prestigious Marine and Coastal Law casebook provides an essential overview of landmark legal decisions and statutory provisions in U.S. marine and coastal law, with a particular emphasis on regulatory changes and legal conflicts involving climate change, coastal resilience/protection, and sea level rise. In addition to a thorough updating of the contents of the second edition (including editorial commentary on every case), this new revised edition features extensive new content, including two entirely new chapters and new "learning objectives" for each chapter.Produced by five experts in U.S. marine law, this third edition stands as an accessible and invaluable resource for both lay readers and legal professionals who are seeking greater understanding of the ever-evolving and frequently contentious laws and regulations governing U.S. and international fisheries, maritime shipping and transport, offshore oil and mineral resources, climate change mitigation strategies, coastal protection, marine pollution, and port and harbor operations.
Marine and Fisheries Policies in Latin America: A Comparison of Selected Countries (Earthscan Oceans)
by Manuel Ruiz Muller Rodrigo Oyanedel Bruno MonteferriThis book reviews the frameworks and implementation of marine, fishery and coastal laws and policies in Chile, Mexico and Peru. Chile, Mexico and Peru share biodiverse coastal and marine environments which are being affected by unregulated and informal developments, and thus share similar challenges. Each country is currently at a different stage of advancement in their institutional response to these complex challenges. By providing a comparison of the frameworks, approaches and overall implementation of policies and laws, this book acts as a tool to influence and inform further efforts in conservation and sustainable use of marine resources, particularly fisheries, in these countries and others in Latin America and the Caribbean. A broad range of issues are covered including food security, tourism, fisheries, oil and mineral extraction from the seabed, wind power, coastal and marine pollution and endangered species conservation. The chapters compare how each country addresses these issues from an institutional, legal and policy perspective. The book concludes by identifying common lessons, reoccurring challenges and develops scalable recommendations applicable to the case study countries and the wider region. The book will be of interest to advanced students, policy makers and researchers in marine and fishery science, law and policy.
Marine and Fisheries Policies in Latin America: A Comparison of Selected Countries (Earthscan Oceans)
by Manuel Ruiz Muller Rodrigo Oyanedel Bruno MonteferriThis book reviews the frameworks and implementation of marine, fishery and coastal laws and policies in Chile, Mexico and Peru. Chile, Mexico and Peru share biodiverse coastal and marine environments which are being affected by unregulated and informal developments, and thus share similar challenges. Each country is currently at a different stage of advancement in their institutional response to these complex challenges. By providing a comparison of the frameworks, approaches and overall implementation of policies and laws, this book acts as a tool to influence and inform further efforts in conservation and sustainable use of marine resources, particularly fisheries, in these countries and others in Latin America and the Caribbean. A broad range of issues are covered including food security, tourism, fisheries, oil and mineral extraction from the seabed, wind power, coastal and marine pollution and endangered species conservation. The chapters compare how each country addresses these issues from an institutional, legal and policy perspective. The book concludes by identifying common lessons, reoccurring challenges and develops scalable recommendations applicable to the case study countries and the wider region. The book will be of interest to advanced students, policy makers and researchers in marine and fishery science, law and policy.
Marine Cargo Insurance (Lloyd's Shipping Law Library)
by John DuntThe 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 jurisdiction and choice of law, particularly taking into account the Rome I Regulation Enhanced coverage of the issue of Constructive Total Loss Consideration of the Law Reform Commission’s proposals for the reform of insurance law, and further amendments to the Marine Insurance Act 1906. Covers latest developments in the Enterprise Bill for damages for late payment of claims Fully updated with all of the influential cases since 2009, including: The Cendor MOPU, one of the most important marine insurance cases of the last 50 years. Clothing Management v Beazley Solutions Notable hull cases such as Versloot Dredging v HDI Gerling on fraudulent devices Influential foreign cases taken from this book’s sister text, International Cargo Insurance This unique text is a one-stop resource for marine insurance lawyers handling cargo claims, and will also be of interest to students and researchers of maritime law.
Marine Cargo Insurance: Marine Cargo Insurance (Lloyd's Shipping Law Library)
by John DuntThe 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 jurisdiction and choice of law, particularly taking into account the Rome I Regulation Enhanced coverage of the issue of Constructive Total Loss Consideration of the Law Reform Commission’s proposals for the reform of insurance law, and further amendments to the Marine Insurance Act 1906. Covers latest developments in the Enterprise Bill for damages for late payment of claims Fully updated with all of the influential cases since 2009, including: The Cendor MOPU, one of the most important marine insurance cases of the last 50 years. Clothing Management v Beazley Solutions Notable hull cases such as Versloot Dredging v HDI Gerling on fraudulent devices Influential foreign cases taken from this book’s sister text, International Cargo Insurance This unique text is a one-stop resource for marine insurance lawyers handling cargo claims, and will also be of interest to students and researchers of maritime law.
Marine Conservation and International Law: Legal Instruments for Biodiversity Beyond National Jurisdiction (Routledge Research in International Environmental Law)
by Sarah Louise LothianThis book provides a blueprint for an International Legally Binding Instrument (ILBI) for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). The development of an ILBI could signify a pivotal turning point in the law of the sea by addressing regulatory, governance and institutional gaps and deficiencies in the existing international law framework for BBNJ. This book analyses the essential components an ILBI will require to effectively conserve and sustainably use BBNJ, focusing on marine genetic resources, areabased management tools, environmental impact assessments, capacity-building and marine technology transfer. It investigates potential areas of compromise, as the success of an ILBI will rely upon the support of a powerful bloc of maritime States, principally the United States, the United Kingdom, Russia, the Netherlands, France and Japan. The participation of major maritime powers will be critical as it is their nationals, corporations and flag vessels that have the financial and technical wherewithal to undertake activities beyond national jurisdiction. This bloc of States has historically been the strongest proponent of the Grotian doctrine of ‘freedom of the seas’ as it aligns with their predominant interest to preserve navigational freedom for their merchant and military fleets. Accordingly, this book assesses the extent to which the Grotian doctrine continues to exert influence on the development of the law of the sea and the development of an ILBI. Providing a comprehensive overview of this important development in international law, this book will be of interest to students, lecturers and academics of law of the sea, international environmental law and biodiversity law.
Marine Conservation and International Law: Legal Instruments for Biodiversity Beyond National Jurisdiction (Routledge Research in International Environmental Law)
by Sarah Louise LothianThis book provides a blueprint for an International Legally Binding Instrument (ILBI) for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). The development of an ILBI could signify a pivotal turning point in the law of the sea by addressing regulatory, governance and institutional gaps and deficiencies in the existing international law framework for BBNJ. This book analyses the essential components an ILBI will require to effectively conserve and sustainably use BBNJ, focusing on marine genetic resources, areabased management tools, environmental impact assessments, capacity-building and marine technology transfer. It investigates potential areas of compromise, as the success of an ILBI will rely upon the support of a powerful bloc of maritime States, principally the United States, the United Kingdom, Russia, the Netherlands, France and Japan. The participation of major maritime powers will be critical as it is their nationals, corporations and flag vessels that have the financial and technical wherewithal to undertake activities beyond national jurisdiction. This bloc of States has historically been the strongest proponent of the Grotian doctrine of ‘freedom of the seas’ as it aligns with their predominant interest to preserve navigational freedom for their merchant and military fleets. Accordingly, this book assesses the extent to which the Grotian doctrine continues to exert influence on the development of the law of the sea and the development of an ILBI. Providing a comprehensive overview of this important development in international law, this book will be of interest to students, lecturers and academics of law of the sea, international environmental law and biodiversity law.
Marine Ecosystem-Based Management in Practice: Different Pathways, Common Lessons
by Julia M. Wondolleck Steven L. YaffeeThis volume is the first practical guide for the marine conservation realm. In a unique collection of case studies, the authors showcase successful collaborative approaches to ecosystem-based management. The authors introduce the basic concepts of ecosystem-based management and five different pathways for making progress from community to multinational levels. They spotlight the characteristics that are evident in all successful cases —the governance structures and social motivations that make it work. Case analyses ranging from the Gulf of Maine to the Channel Islands in Southern California comprise the bulk of the book, augmented by text boxes showcasing examples of guiding documents important to the process. They devote several ending chapters to discussion of the interpersonal relationships critical to successful implementation of marine ecosystem-based management. The book concludes with a discussion of the implications for policy and on-the-ground practice.
Marine Encyclopaedic Dictionary
by Eric SullivanFeaturing over 20,000 definitions, this dictionary has been revised to reflect changes and advances in the marine industry. It covers every aspect of the business, including shipbroking, chartering, marine insurance, ship's agency, freight forwarding, oil and gas, and air transport.
Marine Encyclopaedic Dictionary
by Eric SullivanFeaturing over 20,000 definitions, this dictionary has been revised to reflect changes and advances in the marine industry. It covers every aspect of the business, including shipbroking, chartering, marine insurance, ship's agency, freight forwarding, oil and gas, and air transport.
Marine Environment Protection and Biodiversity Conservation: The Application and Future Development of the IMO's Particularly Sensitive Sea Area Concept
by Julian RobertsDespite the potential benefits that the IMO's Particularly Sensitive Sea Area (PSSA) designation can deliver, recent practice within the IMO and by individual member states has considerably undermined confidence in this emerging concept. The focus of this book is on the events within the IMO that have led to this lack of confidence arising. In the process, this book presents an examination of coastal State practice with the PSSA concept.
Marine Insurance: A Legal History
by Rob MerkinThis authoritative work forms a comprehensive examination of the legal and historical context of marine insurance, providing a detailed overview of the events and factors leading to its codification in the Marine Insurance Act 1906. It investigates the development of the legal principles and case law that underpin the Act to reveal how successful this codification truly was, and to demonstrate how these historical precedents remain relevant to marine insurance law to this day.Beginning with the pivotal year of 1756, Rob Merkin QC organises his analysis era by era, situating the leading cases and emerging fundamentals of the marine insurance industry in the context of external events such as war, the growth of free international trade, and the expansion of empire. Offering insight into the origins of familiar legal principles in the field, the book provides a deeper understanding of the legal framework within which historical events took place and how this shaped both the development of marine insurance law and the political and economic circumstances surrounding it.Key features include:In-depth research by one of the leading experts in marine insurance lawContext for and therefore deeper understanding of legal principles in the fieldAn authoritative account of the development of modern law of marine insurance through its historical roots.Legal historians interested in marine insurance and international maritime law more broadly as well as other historians of the period will find the depth of research and breadth of coverage in this book invaluable. Its grounding of important principles in their historical context will also be useful to practising lawyers in the field grappling with current marine insurance issues.
Marine Insurance: Law and Practice (Lloyd's Shipping Law Library)
by Francis RoseMarine Insurance: Law and Practice, Second Edition, continues to provide the most comprehensive and integrated account of the English law and practice of marine insurance. It provides readers with a fresh and up-to-date review of the modern law in the light of traditional principles and rules of underlying commercial law, and the specific statutory rules of marine insurance as interpreted by case law, as moderated in practice by market practices and standard form marine insurance clauses. Francis Rose clarifies the law’s underlying framework of principles and illustrates how it works in common contractual situations, explaining how the different components of the law interact. The new edition has been updated to incorporate: • the most recent case law: there have been some very important judgments handed down since the book first published, including: The Cendor MOP, The Silva, The Resolute and The Marina Iris• the implications of the introduction of: Institute Cargo Clauses 2009, the effect of the Gambling Act 2005 and the Third Parties (Rights Against Insurers) Act 2010 Law Commission reform proposals The book explores in detail the following areas: • the nature of insurance• insurable interest• the insurance contract• the premium• insured risks• marine risks• exclusions• losses• claims• subrogation• double insurance
Marine Insurance: Law and Practice (Lloyd's Shipping Law Library)
by Francis RoseMarine Insurance: Law and Practice, Second Edition, continues to provide the most comprehensive and integrated account of the English law and practice of marine insurance. It provides readers with a fresh and up-to-date review of the modern law in the light of traditional principles and rules of underlying commercial law, and the specific statutory rules of marine insurance as interpreted by case law, as moderated in practice by market practices and standard form marine insurance clauses. Francis Rose clarifies the law’s underlying framework of principles and illustrates how it works in common contractual situations, explaining how the different components of the law interact. The new edition has been updated to incorporate: • the most recent case law: there have been some very important judgments handed down since the book first published, including: The Cendor MOP, The Silva, The Resolute and The Marina Iris• the implications of the introduction of: Institute Cargo Clauses 2009, the effect of the Gambling Act 2005 and the Third Parties (Rights Against Insurers) Act 2010 Law Commission reform proposals The book explores in detail the following areas: • the nature of insurance• insurable interest• the insurance contract• the premium• insured risks• marine risks• exclusions• losses• claims• subrogation• double insurance
Marine Insurance Clauses (Maritime and Transport Law Library)
by Geoffrey N Hudson Tim Madge Keith SturgesThe new edition of Marine Insurance Clauses reflects numerous changes and additions to the policy clauses, and particularly the new style of the organisation entitled the International Underwriting Association of London in 2002. The new edition will bring you up to date with the present complex and sometimes confusing variations in policy conditions. Part of the Maritime and Transport Law Library.
Marine Insurance Clauses (Maritime and Transport Law Library)
by Geoffrey N Hudson Tim Madge Keith SturgesThe new edition of Marine Insurance Clauses reflects numerous changes and additions to the policy clauses, and particularly the new style of the organisation entitled the International Underwriting Association of London in 2002. The new edition will bring you up to date with the present complex and sometimes confusing variations in policy conditions. Part of the Maritime and Transport Law Library.
Marine Insurance Fraud (Maritime and Transport Law Library)
by Baris SoyerThis book provides a comprehensive and coherent legal analysis of the impact of fraud on the position of various parties to a marine insurance contract, as well as the cover provided by standard marine policies. The issues under discussion in this invaluable guide are also equally relevant in the context of non-marine insurance contracts. Helpfully divided into two parts; the first part deals with the impact of fraud committed by parties to an insurance contract i.e. the assured, brokers and insurers.The second part analyses the extent to which standard marine policies cover the fraudulent and dishonest activity of third parties to an insurance contract. This book will be of huge practical assistant to practitioners specialising in marine insurance as well as insurance generally, and to professionals, academics and post-graduate students.
Marine Insurance Fraud (Maritime and Transport Law Library)
by Baris SoyerThis book provides a comprehensive and coherent legal analysis of the impact of fraud on the position of various parties to a marine insurance contract, as well as the cover provided by standard marine policies. The issues under discussion in this invaluable guide are also equally relevant in the context of non-marine insurance contracts. Helpfully divided into two parts; the first part deals with the impact of fraud committed by parties to an insurance contract i.e. the assured, brokers and insurers.The second part analyses the extent to which standard marine policies cover the fraudulent and dishonest activity of third parties to an insurance contract. This book will be of huge practical assistant to practitioners specialising in marine insurance as well as insurance generally, and to professionals, academics and post-graduate students.
Marine Insurance Law
by Ozlem GursesMarine Insurance Law, Second Edition introduces and clearly explains all topics covered in courses at Masters level, offering students and those new to the area a comprehensive and accessible overview and way into this important topic in maritime law. Beginning by introducing the general principles of the subject and structure and formation of insurance contracts, this text goes on to look at individual considerations in detail, including – the duty of utmost good faith /fair presentation of the risk, insurable interest, terms of insurance contracts, brokers, the premium, causation and marine perils, losses, sue and labour, subrogation, fraudulent claims and reinsurance. This second edition reflects the substantial changes introduced by the Insurance Act 2015, and includes new Appendices containing relevant legislation and example clauses from marine insurance contracts.
Marine Insurance Law
by Ozlem GursesThis book expertly introduces and clearly explains all topics covered in marine insurance law courses at undergraduate and postgraduate levels, offering students and those new to the area a comprehensive and accessible overview of this important topic in commercial law. Beginning by introducing the general principles of the subject, the structure and formation of insurance contracts, Marine Insurance Law then looks to individual considerations in detail, including: brokers, losses, risks and perils, sue and labour, reinsurance, and mutual insurance/P&I clubs. This title has been developed with the needs of courses specifically in mind, and its content has been tailored to include the most important and commonly taught topics in the field. Each chapter contains end of chapter further reading to support student research, ensuring this new textbook provides a reliable and accessible gateway into this important topic in maritime law
Marine Insurance Law
by Ozlem GursesThis book expertly introduces and clearly explains all topics covered in marine insurance law courses at undergraduate and postgraduate levels, offering students and those new to the area a comprehensive and accessible overview of this important topic in commercial law. Beginning by introducing the general principles of the subject, the structure and formation of insurance contracts, Marine Insurance Law then looks to individual considerations in detail, including: brokers, losses, risks and perils, sue and labour, reinsurance, and mutual insurance/P&I clubs. This title has been developed with the needs of courses specifically in mind, and its content has been tailored to include the most important and commonly taught topics in the field. Each chapter contains end of chapter further reading to support student research, ensuring this new textbook provides a reliable and accessible gateway into this important topic in maritime law
Marine Insurance Law
by Ozlem GursesMarine Insurance Law, Second Edition introduces and clearly explains all topics covered in courses at Masters level, offering students and those new to the area a comprehensive and accessible overview and way into this important topic in maritime law. Beginning by introducing the general principles of the subject and structure and formation of insurance contracts, this text goes on to look at individual considerations in detail, including – the duty of utmost good faith /fair presentation of the risk, insurable interest, terms of insurance contracts, brokers, the premium, causation and marine perils, losses, sue and labour, subrogation, fraudulent claims and reinsurance. This second edition reflects the substantial changes introduced by the Insurance Act 2015, and includes new Appendices containing relevant legislation and example clauses from marine insurance contracts.
Marine Insurance Law
by Özlem GürsesMarine Insurance Law introduces and clearly explains all topics covered in undergraduate and postgraduate-level courses, offering students and those new to the area a comprehensive and accessible overview of this important topic in maritime law. Observing the general principles of the subject and structure and formation of insurance contracts, this text goes on to look at individual considerations in detail, including the duty of utmost good faith/fair presentation of the risk, insurable interest, terms of insurance contracts, warranties and conditions, brokers, the premium, causation and marine perils, losses, sue and labour, subrogation, fraudulent claims, and reinsurance. The third edition has been fully updated and expanded to cover additional pre-Marine Insurance Act 1906 (MIA 1906) cases, as well as the implications of the Insurance Act 2015 on the duty of fair presentation of the risk in business insurance and on the remedy for breach of a warranty. The reader will also read about the emphasis placed by the UK Supreme Court on the construction of s. 55 of the MIA 1906, and the challenges faced in respect of claims for a constructive total loss of the subject matter insured, which are especially current at the time the book is being prepared for its publication. This textbook is the ideal companion for any student, academic, and practitioner wishing to study the subject and to explore more detailed information on the principles of marine insurance law.
Marine Insurance Law
by Özlem GürsesMarine Insurance Law introduces and clearly explains all topics covered in undergraduate and postgraduate-level courses, offering students and those new to the area a comprehensive and accessible overview of this important topic in maritime law. Observing the general principles of the subject and structure and formation of insurance contracts, this text goes on to look at individual considerations in detail, including the duty of utmost good faith/fair presentation of the risk, insurable interest, terms of insurance contracts, warranties and conditions, brokers, the premium, causation and marine perils, losses, sue and labour, subrogation, fraudulent claims, and reinsurance. The third edition has been fully updated and expanded to cover additional pre-Marine Insurance Act 1906 (MIA 1906) cases, as well as the implications of the Insurance Act 2015 on the duty of fair presentation of the risk in business insurance and on the remedy for breach of a warranty. The reader will also read about the emphasis placed by the UK Supreme Court on the construction of s. 55 of the MIA 1906, and the challenges faced in respect of claims for a constructive total loss of the subject matter insured, which are especially current at the time the book is being prepared for its publication. This textbook is the ideal companion for any student, academic, and practitioner wishing to study the subject and to explore more detailed information on the principles of marine insurance law.
Marine Insurance: The Law in Transition
by PROFESSOR D. RHIDIAN THOMASThe 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.