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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.
Marine Insurance: The Law in Transition
by 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.
Marine Insurance Legislation (Lloyd's Shipping Law Library)
by Robert Merkin Johanna Hjalmarsson Aysegul Bugra Jennifer LavelleProviding thorough, up-to-date coverage of the operation of marine insurance legislation, this text is an essential resource for today's marine insurance professional. Designed with the reader in mind, previous editions of this book have been heavily praised for its accessible and highly-practical format. Section by section, the authors deliver expert commentary on the Marine Insurance Act 1906 and related marine insurance legislation. The origin of each section or provision is clearly explained, along with the authorities decided since the legislation came into force. New to this edition: Heavily revised with the very latest case law since 2010, some of which having a dramatic effect on the law of marine insurance. The most important cases include The Cendor Mopu and Masefield v Amlin. All relevant new cases have been added from across the common law world Clarification on new legislation such as the Third Parties (Rights against Insurers) Act 2010 and the Consumer Insurance (Disclosure and Representations) Act 2012 The compulsory insurance provisions affecting oil pollution and passengers The rules on jurisdiction and choice of law in the Brussels Regulation and the Rome I Regulation This compressive text is indispensable for marine lawyers, industry professionals, and students of marine insurance law worldwide.
Marine Insurance Legislation (Lloyd's Shipping Law Library)
by Robert Merkin Johanna Hjalmarsson Aysegul Bugra Jennifer LavelleProviding thorough, up-to-date coverage of the operation of marine insurance legislation, this text is an essential resource for today's marine insurance professional. Designed with the reader in mind, previous editions of this book have been heavily praised for its accessible and highly-practical format. Section by section, the authors deliver expert commentary on the Marine Insurance Act 1906 and related marine insurance legislation. The origin of each section or provision is clearly explained, along with the authorities decided since the legislation came into force. New to this edition: Heavily revised with the very latest case law since 2010, some of which having a dramatic effect on the law of marine insurance. The most important cases include The Cendor Mopu and Masefield v Amlin. All relevant new cases have been added from across the common law world Clarification on new legislation such as the Third Parties (Rights against Insurers) Act 2010 and the Consumer Insurance (Disclosure and Representations) Act 2012 The compulsory insurance provisions affecting oil pollution and passengers The rules on jurisdiction and choice of law in the Brussels Regulation and the Rome I Regulation This compressive text is indispensable for marine lawyers, industry professionals, and students of marine insurance law worldwide.
Marine Mammal Conservation and the Law of the Sea
by Cameron S. JefferiesMarine mammal conservation remains a hot-button international environmental issue, but progress towards addressing key conservation and management issues within existing governance structures-most notably the International Whaling Commission-has stalled. Cameron Jefferies offers a fresh look at the future of international marine mammal management in a way that advances the ongoing dialog surrounding UNCLOS implementation and effective living marine resource management, while employing the comprehensive rational decision-making model as a theoretical framework. Marine Mammal Conservation and the Law of the Sea lays out and critiques the marine mammal regulatory landscape. It introduces the rational conservation model, and details the modern threats to marine mammals, including climate change, by-catch, environmental pollution, ship strikes. Next, it discusses options for reform under UNCLOS and existing treaties, and finally introduces a new holistic treaty regime based on the rational conversation model, based in part on the UN Fish Stocks Agreement. This book will appeal to scholars, practitioners, and policymakers across public international law, international relations, political science, and environmental policy in the academic, governmental, IO, and NGO spheres.
Marine Mammal Conservation and the Law of the Sea
by Cameron S. JefferiesMarine mammal conservation remains a hot-button international environmental issue, but progress towards addressing key conservation and management issues within existing governance structures-most notably the International Whaling Commission-has stalled. Cameron Jefferies offers a fresh look at the future of international marine mammal management in a way that advances the ongoing dialog surrounding UNCLOS implementation and effective living marine resource management, while employing the comprehensive rational decision-making model as a theoretical framework. Marine Mammal Conservation and the Law of the Sea lays out and critiques the marine mammal regulatory landscape. It introduces the rational conservation model, and details the modern threats to marine mammals, including climate change, by-catch, environmental pollution, ship strikes. Next, it discusses options for reform under UNCLOS and existing treaties, and finally introduces a new holistic treaty regime based on the rational conversation model, based in part on the UN Fish Stocks Agreement. This book will appeal to scholars, practitioners, and policymakers across public international law, international relations, political science, and environmental policy in the academic, governmental, IO, and NGO spheres.
Marine Mammal Welfare: Human Induced Change in the Marine Environment and its Impacts on Marine Mammal Welfare (Animal Welfare #17)
by Andy ButterworthMarine mammals attract human interest – sometimes this interest is benign or positive – whale watching, conservation programmes for whales, seals, otters, and efforts to clear beaches of marine debris are seen as proactive steps to support these animals. However, there are many forces operating to affect adversely the lives of whales, seals, manatees, otters and polar bears – and this book explores how the welfare of marine mammals has been affected and how they have adapted, moved, responded and sometimes suffered as a result of the changing marine and human world around them. Marine mammal welfare addresses the welfare effects of marine debris, of human traffic in the oceans, of noise, of hunting, of whale watching and tourism, and of some of the less obvious impacts on marine mammals – on their social structures, on their behaviours and migration, and also of the effects on captivity for animals kept in zoos and aquaria. There is much to think and talk about – how marine mammals respond in a world dramatically influenced by man, how are their social structures affected and how is their welfare impacted?
Marine Policy: An Introduction to Governance and International Law of the Oceans
by Mark ZachariasThis textbook provides the reader with a foundation in policy development and analysis and describes how policy, including legal mechanisms, is applied to marine environments around the world. It offers a systematic treatment of all aspects of marine policy, including environmental protection, fisheries, transportation, energy, mining and climate change. It starts with a biophysical overview of the structure and function of the marine environment with a particular emphasis on the challenges and opportunities of managing the marine environment. An overview of the creation and function of international law is then provided with a focus on international marine law. It explores the geographic and jurisdictional dimensions of marine policy, as well the current and anticipated challenges facing marine systems, including climate change-related impacts and resource over-exploitation. The book should appeal to senior undergraduate and graduate students and form a core part of the curriculum for marine affairs, science and policy courses. It will also provide supplementary reading for students taking a course in the law of the oceans, but is not aimed at legal specialists.
Marine Policy: An Introduction to Governance and International Law of the Oceans
by Mark ZachariasThis textbook provides the reader with a foundation in policy development and analysis and describes how policy, including legal mechanisms, is applied to marine environments around the world. It offers a systematic treatment of all aspects of marine policy, including environmental protection, fisheries, transportation, energy, mining and climate change. It starts with a biophysical overview of the structure and function of the marine environment with a particular emphasis on the challenges and opportunities of managing the marine environment. An overview of the creation and function of international law is then provided with a focus on international marine law. It explores the geographic and jurisdictional dimensions of marine policy, as well the current and anticipated challenges facing marine systems, including climate change-related impacts and resource over-exploitation. The book should appeal to senior undergraduate and graduate students and form a core part of the curriculum for marine affairs, science and policy courses. It will also provide supplementary reading for students taking a course in the law of the oceans, but is not aimed at legal specialists.
Marine Policy: An Introduction to Governance and International Law of the Oceans (Earthscan Oceans)
by Mark Zacharias Jeff ArdronThis 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.
Marine Policy: An Introduction to Governance and International Law of the Oceans (Earthscan Oceans)
by Mark Zacharias Jeff ArdronThis 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.
Marine Pollution Control: Legal and Managerial Frameworks (Lloyd's Practical Shipping Guides)
by Iliana Christodoulou-VarotsiThis book discusses in a concise manner the key aspects that are important for the understanding of regulations and managerial framework governing marine pollution. It identifies the practical context in which marine pollution comes into play and addresses the international legal regime governing the numerous sources of marine pollution, as well as the ways in which these regulations affect the conduct of day-to-day shipping operations. With illustrations, case studies, emphasis boxes, references to case law and to national jurisdictions and other tools facilitating understanding and knowledge, readers will find helpful guidance on: the sources of marine pollution (including ship-source pollution and pollution from the offshore oil and gas sector); the forms of cooperation needed in order to tackle the prevention, management and response to marine pollution; overview of MARPOL Convention, other key IMO conventions, and selected regional regimes; legal ramifications, including P & I Clubs and limitation of liability; involvement of the flag State, coastal State and port State; industry best practice; the human element Marine Pollution Control will be a useful guidance tool for shipping Industry professionals, (P & I) Clubs, Legal practitioners, maritime administrators, as well as academics and students of marine pollution.
Marine Pollution Control: Legal and Managerial Frameworks (Lloyd's Practical Shipping Guides)
by Iliana Christodoulou-VarotsiThis book discusses in a concise manner the key aspects that are important for the understanding of regulations and managerial framework governing marine pollution. It identifies the practical context in which marine pollution comes into play and addresses the international legal regime governing the numerous sources of marine pollution, as well as the ways in which these regulations affect the conduct of day-to-day shipping operations. With illustrations, case studies, emphasis boxes, references to case law and to national jurisdictions and other tools facilitating understanding and knowledge, readers will find helpful guidance on: the sources of marine pollution (including ship-source pollution and pollution from the offshore oil and gas sector); the forms of cooperation needed in order to tackle the prevention, management and response to marine pollution; overview of MARPOL Convention, other key IMO conventions, and selected regional regimes; legal ramifications, including P & I Clubs and limitation of liability; involvement of the flag State, coastal State and port State; industry best practice; the human element Marine Pollution Control will be a useful guidance tool for shipping Industry professionals, (P & I) Clubs, Legal practitioners, maritime administrators, as well as academics and students of marine pollution.
Marine Pollution, Shipping Waste and International Law (Routledge Research in International Environmental Law)
by Gabriela ArgüelloWaste management poses increasing challenges to both the protection of the environment and to human health. To face these challenges, this book claims that environmental law needs to shift attention from media-specific pollution regimes to integrative life-cycle approaches of waste management i.e., from the prevention of waste generation to the actual handling of wastes. Furthermore, the cooperation of States and the establishment of coordinated activities is essential because states can no longer have separate standards for wastes posing transboundary risks and for ‘purely domestic’ wastes. Drawing upon both International and EU law, the book provides a detailed analysis of the regimes set up to deal with the transboundary movement of wastes and ship-source pollution, so as to elucidate the obligations and legal principles governing such regimes. It concludes that treaty obligations concerning transboundary movements of wastes are inapplicable to ship wastes while on board ships and on land. However, despite the limitations of the transboundary movement of wastes regime, the principle of Environmentally Sound Management (ESM) embodied in this regime has gradually transformed into a legal principle. ESM works to address the legal gaps in the regulation of wastes, and consequently, it provides the desired coherence to the legal system since it acts as a bridge between several regulatory and sectoral levels. Furthermore, ESM offers a new light with which to understand and interpret existing obligations, and it provides a renewed impetus to regimes that directly and indirectly govern wastes. This impetus translates into greater coordination and the establishment of cross-sectional policies. By offering alternative ways to solve problems linked to the management of ship wastes in the sea-land interface, this book will appeal to anyone with an interest in International Environmental Law.
Marine Pollution, Shipping Waste and International Law (Routledge Research in International Environmental Law)
by Gabriela ArgüelloWaste management poses increasing challenges to both the protection of the environment and to human health. To face these challenges, this book claims that environmental law needs to shift attention from media-specific pollution regimes to integrative life-cycle approaches of waste management i.e., from the prevention of waste generation to the actual handling of wastes. Furthermore, the cooperation of States and the establishment of coordinated activities is essential because states can no longer have separate standards for wastes posing transboundary risks and for ‘purely domestic’ wastes. Drawing upon both International and EU law, the book provides a detailed analysis of the regimes set up to deal with the transboundary movement of wastes and ship-source pollution, so as to elucidate the obligations and legal principles governing such regimes. It concludes that treaty obligations concerning transboundary movements of wastes are inapplicable to ship wastes while on board ships and on land. However, despite the limitations of the transboundary movement of wastes regime, the principle of Environmentally Sound Management (ESM) embodied in this regime has gradually transformed into a legal principle. ESM works to address the legal gaps in the regulation of wastes, and consequently, it provides the desired coherence to the legal system since it acts as a bridge between several regulatory and sectoral levels. Furthermore, ESM offers a new light with which to understand and interpret existing obligations, and it provides a renewed impetus to regimes that directly and indirectly govern wastes. This impetus translates into greater coordination and the establishment of cross-sectional policies. By offering alternative ways to solve problems linked to the management of ship wastes in the sea-land interface, this book will appeal to anyone with an interest in International Environmental Law.
Marine Resource Conservation and Poverty Reduction Strategies in Tanzania (Hamburg Studies on Maritime Affairs #8)
by Jennifer K. SesaboThe Tanzanian coastal areas are socially, nutritionally, economically and environmentally important, yet they are vulnerable to both over-exploitation and degradation of their habitats. This book demonstrates the extent which various socio-economic dimensions of rural coastal households influence livelihood pathways, production efficiency and attitudes towards conservation initiatives.
Marine Resource Damage Assessment: Liability and Compensation for Environmental Damage
by F. MaesThe main focus of this important book is on civil liability regimes to compensate for ecological/environmental damage, the impact of EC decision-making on the international regime for oil pollution damage, the use of environmental funds in this respect, the economic valuation of damage to the environment from a theoretical perspective and the application of the Contingent Valuation Method in Belgium for ecological damage at sea.
Marital Agreements and Private Autonomy in Comparative Perspective
by Jens M ScherpeThis book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements.The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements.A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules.The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform.'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.'Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom