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Maritime Legacies and the Law: Effective Legal Governance of WWI Wrecks
by Craig ForrestThe shipwrecks of WWI constitute a vast, dispersed and distinctive underwater legacy. This insightful book addresses the need to rethink how they can be protected, through an examination of both private and public international law and the conventions governing them. The recent centenary of WWI has prompted a shift in the way attention is focused on legacy wrecks. In this timely book, Craig Forrest considers both the development and current state of the laws that apply to these wrecks, as well as the issues that surround them, such as regulated and unregulated salvage and the potentially hazardous nature of wrecks left in situ. The author then deftly analyses the adequacy of the existing legal framework, in particular the Convention on the Protection of Underwater Cultural Heritage, to fulfil its promise of protecting legacy wrecks for future generations as historical and archaeological resources, memorials and, more importantly, as maritime war graves. This incisive book will prove necessary reading for all with an interest in underwater cultural heritage and its protection, including academics, practitioners and managers, government officials and policymakers. Underwater archaeologists and others interested in maritime law and naval history more broadly will also find its unique analysis useful.
Maritime Letters of Indemnity: Maritime Letters Of Indemnity (Lloyd's Shipping Law Library)
by Felipe Arizon David SemarkThis unique new title provides expert, hands-on advice as to the law and practice of the maritime letter of indemnity. Detailing the variety of implications that can arise from each type of letter, the authors bring this important and litigious subject to the fore with a view to reducing the commercial and legal risks involved in this core area of shipping and international trade. Key features of this title include detailed legal analysis of: The history of indemnity contracts and letters of indemnity Shipping and international trade contexts where letters of indemnity are used GAFTA sale contract forms and standard letter of indemnity P&I Clubs forms The enforceability of maritime letters of indemnity The rights and liabilities for sellers, buyers, banks and ship owners which arise from the use of letters of indemnity The impact on the system based on the use of bills of lading and on electronic bills of lading Policy issues arising from the use of letters of indemnity in practice and of the practicalities of litigation involving letters of indemnity. As the only text currently on the market covering maritime letters of indemnity in such detail, this book will be an indispensable guide for maritime lawyers, professionals and academics alike, as well as shipowners, charterers, commodity traders and trade finance professionals
Maritime Letters of Indemnity (Lloyd's Shipping Law Library)
by Felipe Arizon David SemarkThis unique new title provides expert, hands-on advice as to the law and practice of the maritime letter of indemnity. Detailing the variety of implications that can arise from each type of letter, the authors bring this important and litigious subject to the fore with a view to reducing the commercial and legal risks involved in this core area of shipping and international trade. Key features of this title include detailed legal analysis of: The history of indemnity contracts and letters of indemnity Shipping and international trade contexts where letters of indemnity are used GAFTA sale contract forms and standard letter of indemnity P&I Clubs forms The enforceability of maritime letters of indemnity The rights and liabilities for sellers, buyers, banks and ship owners which arise from the use of letters of indemnity The impact on the system based on the use of bills of lading and on electronic bills of lading Policy issues arising from the use of letters of indemnity in practice and of the practicalities of litigation involving letters of indemnity. As the only text currently on the market covering maritime letters of indemnity in such detail, this book will be an indispensable guide for maritime lawyers, professionals and academics alike, as well as shipowners, charterers, commodity traders and trade finance professionals
Maritime Liabilities in a Global and Regional Context (Maritime and Transport Law Library)
by Barış Soyer Andrew TettenbornMaritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 13th International Colloquium at Swansea Law School in September 2017. Written by a combination of top academics and highly-experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding maritime liabilities. The book is set out in two parts: - Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities - Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.
Maritime Liabilities In A Global And Regional Context
by Swansea University Institute of International Shipping Trade Law Annual Colloquium Staff Baris Soyer A. M. Tettenborn Trade Law StaffMaritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 13th International Colloquium at Swansea Law School in September 2017. Written by a combination of top academics and highly-experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding maritime liabilities. The book is set out in two parts: - Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities - Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.
Maritime Liabilities In A Global And Regional Context (PDF)
by Swansea University Institute of International Shipping Trade Law Annual Colloquium Staff Baris Soyer A. M. Tettenborn Trade Law StaffMaritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 13th International Colloquium at Swansea Law School in September 2017. Written by a combination of top academics and highly-experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding maritime liabilities. The book is set out in two parts: - Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities - Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.
Maritime Operations Law in Practice: Key Cases and Incidents (Routledge Research on the Law of the Sea)
by David Letts Rob MclaughlinThe law that applies to maritime operations at sea is complex and comprises two distinct elements, treaty law 1982 UN Convention on the Law of the Sea, and the cases and incidents that occur at sea in both peacetime, and during armed conflict, which result in the creation of customary international law applicable to maritime operations at sea. Covering sovereignty and vessel status, jurisdiction and interdiction, freedom of navigation, maritime law enforcement and security, and the law of naval warfare, this edited collection brings together the most famous and influential cases and incidents at sea. Exploring the entire spectrum of maritime operations from ‘high end’ warfighting to constabulary operations that are conducted by naval forces and maritime law enforcement agencies at sea to provide the factual circumstances of each case or incident. Offering sophisticated analysis and insights into the case or incident’s enduring importance, and their significance for the development of the law applicable to maritime operations. Offering a detailed account and evaluation of the most critical but rarely understood cases in Maritime Operations Law, which encourages comparison between key cases, this book will be an essential reference for practitioners, scholars, teachers, and students of maritime operations law.
Maritime Operations Law in Practice: Key Cases and Incidents (Routledge Research on the Law of the Sea)
by David Letts Rob McLaughlinThe law that applies to maritime operations at sea is complex and comprises two distinct elements, treaty law 1982 UN Convention on the Law of the Sea, and the cases and incidents that occur at sea in both peacetime, and during armed conflict, which result in the creation of customary international law applicable to maritime operations at sea. Covering sovereignty and vessel status, jurisdiction and interdiction, freedom of navigation, maritime law enforcement and security, and the law of naval warfare, this edited collection brings together the most famous and influential cases and incidents at sea. Exploring the entire spectrum of maritime operations from ‘high end’ warfighting to constabulary operations that are conducted by naval forces and maritime law enforcement agencies at sea to provide the factual circumstances of each case or incident. Offering sophisticated analysis and insights into the case or incident’s enduring importance, and their significance for the development of the law applicable to maritime operations. Offering a detailed account and evaluation of the most critical but rarely understood cases in Maritime Operations Law, which encourages comparison between key cases, this book will be an essential reference for practitioners, scholars, teachers, and students of maritime operations law.
Maritime Order and the Law in East Asia
by Nong Hong Gordon HouldenMany of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.
Maritime Order and the Law in East Asia
by Gordon Houlden Nong HongMany of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.
Maritime Organisation, Management and Liability: A Legal Analysis of New Challenges in the Maritime Industry
by Stephen Girvin and Vibe UlfbeckThis book identifies and examines the legal challenges facing the shipping industry and ship management today.It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods. The book will be a useful resource for academics and practising lawyers working in shipping and maritime law.
Maritime Organisation, Management and Liability: A Legal Analysis of New Challenges in the Maritime Industry
This book identifies and examines the legal challenges facing the shipping industry and ship management today.It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods. The book will be a useful resource for academics and practising lawyers working in shipping and maritime law.
Maritime Piracy and Its Control: An Economic Analysis
by C. Hallwood T. MiceliMaritime Piracy and its Control develops an economic approach to the problem of modern-day maritime piracy with the goal of assessing the effectiveness of remedies aimed at reducing the incidence of piracy.
Maritime Power and the Law of the Sea: Expeditionary Operations in World Politics
by James KraskaIn Maritime Power and the Law of the Sea: Expeditionary Operations in World Politics, Commander James Kraska analyzes the evolving rules governing freedom of the seas and their impact on expeditionary operations in the littoral, near-shore coastal zone. Coastal state practice and international law are developing in ways that restrict naval access to the littorals and associated coastal communities and inshore regions that have become the fulcrum of world geopolitics. Consequently, the ability of naval forces to project expeditionary power throughout semi-enclosed seas, exclusive economic zones (EEZs) and along the important sea-shore interface is diminishing and, as a result, limiting strategic access and freedom of action where it is most needed. Commander Kraska describes how control of the global commons, coupled with new approaches to sea power and expeditionary force projection, has given the United States and its allies the ability to assert overwhelming sea power to nearly any area of the globe. But as the law of the sea gravitates away from a classic liberal order of the oceans, naval forces are finding it more challenging to accomplish the spectrum of maritime missions in the coastal littorals, including forward presence, power projection, deterrence, humanitarian assistance and sea control. The developing legal order of the oceans fuses diplomacy, strategy and international law to directly challenge unimpeded access to coastal areas, with profound implications for American grand strategy and world politics.
Maritime Safety Law and Policies of the European Union and the United States of America: Antagonism or Synergy?
by Iliana Christodoulou-VarotsiThe International Maritime Organization (IMO), as the United Nations specialized agency responsible for the regulation of shipping engaged in international trade from the points of view of maritime safety and the prevention and control of pol- tion by ships, recognizes that these goals can only be effectively achieved if each and every link in the corresponding chain of responsibility meets fully its obli- tions. Flag, port and coastal States, as well as the shipping industry itself, all have roles to play in collectively improving safety and protecting the environment, both marine and atmospheric, through the development, adoption, and uniform imp- mentation and enforcement of, global standards. In this book, Dr. Christodoulou-Varotsi sets out to explore the extent to which the actions of the European Union and the United States, as the main originators of high standards in these fields, constitute a paradigm to the rest of the inter- tional maritime community. In this regard, while underscoring the need for a - listic, multilateral approach to maritime regulation – as epitomized by the work of IMO – the author explores how standards could be enhanced through the use of unilateral action.
Maritime Safety, Security and Piracy (The Grammenos Library)
by Wayne TalleySecurity and other safety issues are more important than ever in the maritime industry. Maritime Safety, Security and Piracy is the first book to discuss safety, security and piracy in the maritime context. The book is divided into two parts, ships and ports, and covers issues such as: • Ship safety assessments • European ship safety • Ship accidents • Pirates’ behaviours • Port state control inspections • Port security • Port theft
Maritime Salvage Operations and Environmental Protection (Routledge Research on the Law of the Sea)
by Durand Martin CupidoThis book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as the first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework of environmental protection measures regulated under different legal instruments or laws. The law of salvage fails to effectively integrate salvage operations into broader pollution response mechanisms because it does not align comfortably with this framework of laws. Despite the emphasis on environmental protection in the 1989 London Salvage Convention, the Convention maintains the traditional notion of salvage operations as a service to property, while environmental outcomes and the remuneration of environmental services are positioned as a secondary outcome of the law of salvage. This book argues that directly contracting for environmental services bolsters the primacy of environmental protection and the functional use of law to further environmental protection and policy formulation. Direct contracting between coastal States and salvors for environmental services complements existing practices and pollution response mechanisms and provides a sound legal basis for the effective realisation of salvage operations as the first line of defence against pollution following shipping incidents without fundamentally altering the established commercial identity of the traditional law of salvage. This book will be key reading for students, academics, and practitioners working at the intersection of shipping and environmental law.
Maritime Salvage Operations and Environmental Protection (Routledge Research on the Law of the Sea)
by Durand Martin CupidoThis book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as the first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework of environmental protection measures regulated under different legal instruments or laws. The law of salvage fails to effectively integrate salvage operations into broader pollution response mechanisms because it does not align comfortably with this framework of laws. Despite the emphasis on environmental protection in the 1989 London Salvage Convention, the Convention maintains the traditional notion of salvage operations as a service to property, while environmental outcomes and the remuneration of environmental services are positioned as a secondary outcome of the law of salvage. This book argues that directly contracting for environmental services bolsters the primacy of environmental protection and the functional use of law to further environmental protection and policy formulation. Direct contracting between coastal States and salvors for environmental services complements existing practices and pollution response mechanisms and provides a sound legal basis for the effective realisation of salvage operations as the first line of defence against pollution following shipping incidents without fundamentally altering the established commercial identity of the traditional law of salvage. This book will be key reading for students, academics, and practitioners working at the intersection of shipping and environmental law.
Maritime Security: Protection of Marinas, Ports, Small Watercraft, Yachts, and Ships
by Ph.D, Daniel BennyIn a time when threats against the maritime community have never been greater, Maritime Security: Protection of Marinas, Ports, Small Watercraft, Yachts, and Ships provides a single, comprehensive source of necessary information for understanding and preventing or reducing threats to the maritime community.The book defines what comprises the mariti
Maritime Security: Protection of Marinas, Ports, Small Watercraft, Yachts, and Ships
by Ph.D, Daniel BennyIn a time when threats against the maritime community have never been greater, Maritime Security: Protection of Marinas, Ports, Small Watercraft, Yachts, and Ships provides a single, comprehensive source of necessary information for understanding and preventing or reducing threats to the maritime community.The book defines what comprises the mariti
Maritime Security and the Law of the Sea: Help or Hindrance?
by Malcolm D. Evans Sofia GalaniExploring 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. Featuring contributions from both expert academics and practitioners in the field, the book explores new maritime security threats posed by non-state actors, such as piracy and illegal fishing. It analyses how states have had to reconsider their understanding of maritime security and rethink the use and protection of their maritime domain in the face of modern challenges, including the robotics revolution, the rise of unmanned systems and the blue economy agenda. Providing a comprehensive analysis of the interplay between LOSC and maritime security, this is key reading for scholars of maritime law, international relations and security studies. Practitioners working in the shipping industry or fishing sector, as well as maritime law enforcement officials will benefit from the practical advice offered.
Maritime Spatial Planning: past, present, future
by Jacek Zaucha Kira GeeThis open access book is the first comprehensive overview of maritime or marine spatial planning. Countries across the globe are beginning to implement maritime spatial plans; however the authors of this collection have identified several key questions that are emerging from this growing body of MSP experience. How can maritime spatial planning deal with a complex and dynamic environment such as the sea? How can MSP be embedded in multiple levels of governance across regional and national borders – and how far does the environment benefit from this new approach? This book actively engages with the problems encapsulated in these questions, and explores possible solutions.Situated at the intersection between theory and practice, the volume draws together several strands of interdisciplinary research, reflecting on the history of MSP as well as examining current practice and looking towards the future. The authors and contributors examine MSP from disciplines as diverse as geography, urban planning, political science, natural science, sociology and education; reflecting the growing critical engagement with MSP in many academic fields. This innovative and pioneering volume will be of interest and value to students and scholars of maritime spatial planning, as well as planners and practitioners.
Maritime Women: Global Leadership (WMU Studies in Maritime Affairs #3)
by Momoko Kitada Erin Williams Lisa Loloma FroholdtThis exciting new WMU book series' volume features the first attempt to include detailed experiences of women in the maritime sector at a global level. It highlights the achievement of women in the maritime sector, in particular, women’s leadership and service to the sustainable development of the maritime industry. The volume contains contemporary studies on maritime women and follows an inter-disciplinary approach. It offers an overview of women's integration into the maritime sector since the late 1980s as well as benchmarking its impact on various levels, such as policy, employment, education, leadership and sustainability. Even 20 years after the Beijing Declaration, gender-related challenges at work still remain in the maritime sector, for example, lack of gender policy, difficulty in work-life balance, access to education, and leadership opportunities. The book addresses a series of recommendations that may further help the integration of women into the maritime sector.
Maritime Work Law Fundamentals: Responsible Shipowners, Reliable Seafarers
by Iliana Christodoulou-Varotsi Dmitry A. PentsovThe importance of international maritime labour law - both as a component of - ternational maritime law, and in socio-political and economic terms - has been recognised by the IMO International Maritime Law Institute for a number of years. Indeed, the Institute has annually organised a course on maritime labour law with the participation of inter alia the International Maritime Organization, the - ternational Labour Organization, the International Transport Workers’ Federation, and the German Shipowners’ Association. It was therefore a great pleasure when the authors invited me to introduce their forthcoming monograph on Maritime Work Law Fundamentals: Responsible S- powners Reliable Seafarers. As the title suggests, a fundamental challenge of this branch of international maritime law is to achieve a balance between the interests of the two main stakeholders. Institutionally, the effort to achieve this balance dates back a number of decades with its genesis mainly found in the work of the International Labour Organization. It has to be said that whilst this effort achieved great progress, it has led to a haphazard, plethora of legal instruments.
Mark Felt: The Man Who Brought Down the White House
by Mark Felt John O'ConnorNOW A MAJOR MOTION PICTURE starring Liam Neeson.The covert Watergate whistleblower tells the story of the dramatic showdown between the FBI and the Nixon White HouseIn the 1970s, Mark Felt was given the code name "Deep Throat" and shared intelligence on the Watergate break-in with a young reporter from the Washington Post named Bob Woodward. Thus began the greatest political scandal in the twentieth century, which would besmirch an entire administration and bring down a presidency.A patriotic man, Felt only revealed his role in our national history as he neared the end of his life. Based on his personal recollections, Mark Felt chronicles his FBI career, from the end of the great American crime wave and World War II to the culture wars of the 1960s and his penetration of the Weather Underground; provides rich historical and personal context for his role in the Watergate scandal; and depicts how he came to feel that the FBI needed a "Lone Ranger" to protect it from White House corruption.