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Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified
by Steffen Hindelang and Markus KrajewskiInternational investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.
Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.
Shifting Paradigms in Public Health: From Holism to Individualism
by Vijay Kumar YadavenduThis transdisciplinary volume outlines the development of public health paradigms across the ages in a global context and argues that public health has seemingly lost its raison d’être, that is, a population perspective. The older, philosophical approach in public health involved a holistic, population-based understanding that emphasized historicity and interrelatedness to study health and disease in their larger socio-economic and political moorings. A newer tradition, which developed in the late 19th century following the acceptance of the germ theory in medicine, created positivist transitions in epidemiology. In the form of risk factors, a reductionist model of health and disease became pervasive in clinical and molecular epidemiology. The author shows how positivism and the concept of individualism removed from public health thinking the consideration of historical, social and economic influences that shape disease occurrence and the interventions chosen for a population. He states that the neglect of the multifactorial approach in contemporary public health thought has led to growing health inequalities in both the developed and the developing world. He further suggests that the concept of ‘social capital’ in public health, which is being hailed as a resurgence of holism, is in reality a sophisticated and extended version of individualism.The author presents the negative public policy consequences and implications of adopting methodological individualism through a discussion on AIDS policies. The book strongly argues for a holistic understanding and the incorporation of a rights perspective in public health to bring elements of social justice and fairness in policy formulations.
Shifting Patterns of Agricultural Trade: The Protectionism Outbreak and Food Security
by Jean Vasile Andrei Vasilii Erokhin Gao TianmingThis book is a pivotal publication that seeks to improve food security in the conditions of escalating protectionism in global agricultural trade. The authors argue that global trade systems have been increasingly distorted by emerging trade tensions between major actors such as the US, China, the EU, and Russia, as well as trade policies in many other countries. In view of the most recent disruption of global food supply chains due to the outbreak of the COVID-19, the book examines the effects of administrative restrictions, tariff escalations, and other forms of protectionism on food security. Over the decades, food security concerns have been emerging, along with the growth of the world population. More than two billion most impoverished people in the world spent up to 70% of their disposable income on food. In 2020, the running pandemic has unraveled accumulated problems. As many countries rely on agricultural imports, lockdowns and disrupted food production and supply chains tremendously threaten food security of those nations. Agricultural trade was already slowing in 2019 before the virus struck, weighed down by trade tensions, and decelerating economic growth. The spread of the virus and strict quarantine measures trigger economic decline that results in food prices rises and volatilities. Due to the pandemic, nearly all regions will suffer double-digit decline in trade volumes 2020. The virus will be defeated, but the effects of the protectionism outbreak would have a much longer-lasting impact on agricultural production, international supply chains, and food security worldwide. In this publication, the authors probe into many of the choices that link national, regional, and global policies extensively with the provision of food security for all in the new era of post-virus global trade. Since studying global agricultural trade has a multinational application, its outcomes might be shared with a broad international network of stakeholders, including research institutions, universities, and individual researches. The book is appropriate for government officials, policymakers, and businesses of many countries. Adaptation of research outcomes and solutions to the situation in particular countries and various collaboration formats will let to increase the visibility of the publication and to elaborate new practices and solutions in the sphere of establishing sustainable food security.
Shifting Perspectives on the European Public Prosecutor's Office
by Willem Geelhoed Leendert H. Erkelens Arjen W.H. MeijThis book provides answers to the following questions. Is there a bright future aheadfor a European Public Prosecutor’s Office? If so, is the regulation establishing the officesufficiently clear and balanced to attain that goal? Moreover, will the office be able toeffectively fight fraud now damaging the EU's budget and will it respect the fundamentalrights of the parties involved?Included are issues ranging from EU substantive and procedural criminal law, combattingEU fraud, the distribution of competences in European law enforcement,EU fundamental rights, to forum choice. The book's aim is to inform academics,policy-makers and criminal law practitioners about key issues surrounding theattribution of prosecutorial powers to an entirely remodelled European Union body. Indoing so, it sheds light on this body, as fundamentally changed by the Council, whichwill undoubtedly have a greater impact on the European criminal justice system thanthe European Arrest Warrant ever did.Dr. Willem Geelhoed is Assistant Professor in criminal law and criminal procedureat the University of Groningen, The Netherlands, and Drs. Leendert H. Erkelensand Prof. Mr. Arjen W.H. Meij are both Visiting Research Fellow at the T.M.C. AsserInstituut in The Hague in The Netherlands, while the latter is also Honorary Professorat the University of Luxembourg.
Shifting the Marketing Mindset: A Toolkit To Drive Sustainable Transformation
by Clara Millard DereudreA clarion call for marketing to return to its roots and integrate sustainability principles, this book illustrates how the marketing function can drive organizations, delighting customers and impacting positively on society and the environment.Accused of manipulation and more, marketing is one of the most misused functions and misunderstood professions. The rise of “green marketing” could have been an opportunity for the profession to exhibit its potential to transform business—but instead, there has been a turn to greenwashing, with false claims of environmental friendliness. Now, businesses must evolve, rebalancing social and environmental priorities with economic ones, and it is time for a new era: Positive Impact Marketing. Drawing on almost 30 years of experience in global marketing, management, and strategy with private, public, and nonprofit organizations, this book introduces a framework organized around four key principles, Connect 4 Impact, and shows how these principles must govern marketing to achieve the desired net positive impact. It explains why and how marketing is key to establish sustainability at the core of business models and provides marketers with a toolkit and strategies for collaborating with other business leaders in the organization to guide rapid and effective transformations.This book will be a transformative resource for leaders and managers looking to truly incorporate sustainability into their business models, marketing professionals at all levels, and MBA/BBA students with an interest in sustainable business.
Shifting the Marketing Mindset: A Toolkit To Drive Sustainable Transformation
by Clara Millard DereudreA clarion call for marketing to return to its roots and integrate sustainability principles, this book illustrates how the marketing function can drive organizations, delighting customers and impacting positively on society and the environment.Accused of manipulation and more, marketing is one of the most misused functions and misunderstood professions. The rise of “green marketing” could have been an opportunity for the profession to exhibit its potential to transform business—but instead, there has been a turn to greenwashing, with false claims of environmental friendliness. Now, businesses must evolve, rebalancing social and environmental priorities with economic ones, and it is time for a new era: Positive Impact Marketing. Drawing on almost 30 years of experience in global marketing, management, and strategy with private, public, and nonprofit organizations, this book introduces a framework organized around four key principles, Connect 4 Impact, and shows how these principles must govern marketing to achieve the desired net positive impact. It explains why and how marketing is key to establish sustainability at the core of business models and provides marketers with a toolkit and strategies for collaborating with other business leaders in the organization to guide rapid and effective transformations.This book will be a transformative resource for leaders and managers looking to truly incorporate sustainability into their business models, marketing professionals at all levels, and MBA/BBA students with an interest in sustainable business.
Shifts in Compensation between Private and Public Systems (Tort and Insurance Law #22)
by W. H. van Boom Michael FaureWhy have some legal systems abandoned tort law in some areas and replaced it with some form of no-fault compensation scheme or strict liability? What have been the effects? How should we evaluate these ‘shifts’? Why have they not been adopted in other countries? These questions have been the focus of the “Shifts in Compensation” research project and this is the final volume in this series, addressing, on the one hand, the issues relating to ‘shifts’ in compensation systems at a more general level, and on the other hand, addressing shifts in particular domains. The papers examining the shifts at a more general level provide a framework for the analysis of the various shifts and explain the shifts towards an increasing use of strict liability and no-fault regimes. To what extent shifts in compensation can be explained by insurance markets and their relative flexibility is also dealt with. In addition, shifts in the specific areas of medical mishaps and disasters are also examined.
Shi'ism Revisited: Ijtihad and Reformation in Contemporary Times
by Liyakat TakimContemporary Muslims face a challenge: how should they define the relationship between normative Islamic jurisprudence--worked out by classical jurists over the course of centuries-and the reality that confronts them in their everyday lives. They have to reckon with how religion can regulate and serve the needs of a changing community. Is there a need for reformation in Islam? If so, where should it begin and how should it proceed? So far, these challenging questions have received little attention from Western scholars. Shi'ism Revisited will address this gap. In order to address pressing religious and social questions--on topics ranging from women's rights to bioethics and the challenges facing diasporic Muslims--legal scholars have sought to apply ijtihad, or independent reasoning. The lack of a central authority in Islam means the interpretations and edicts of scholars are frequently challenged, resulting in diversity and plurality in Islamic law. This makes Islamic law capacious, but also suggests the critical importance of examining not just the theory of law, but its application. Shi'ism Revisited moves beyond theoretical questions of reformation to address specific ways that Islamic law is being revisited by jurists. Tracing the origins and development of Shi'i jurisprudence and legal theory, Liyakat Takim analyzes how underlying epistemologies can be revised in order to create a moral and coherent legal system.
Shi'ism Revisited: Ijtihad and Reformation in Contemporary Times
by Liyakat TakimContemporary Muslims face a challenge: how should they define the relationship between normative Islamic jurisprudence--worked out by classical jurists over the course of centuries-and the reality that confronts them in their everyday lives. They have to reckon with how religion can regulate and serve the needs of a changing community. Is there a need for reformation in Islam? If so, where should it begin and how should it proceed? So far, these challenging questions have received little attention from Western scholars. Shi'ism Revisited will address this gap. In order to address pressing religious and social questions--on topics ranging from women's rights to bioethics and the challenges facing diasporic Muslims--legal scholars have sought to apply ijtihad, or independent reasoning. The lack of a central authority in Islam means the interpretations and edicts of scholars are frequently challenged, resulting in diversity and plurality in Islamic law. This makes Islamic law capacious, but also suggests the critical importance of examining not just the theory of law, but its application. Shi'ism Revisited moves beyond theoretical questions of reformation to address specific ways that Islamic law is being revisited by jurists. Tracing the origins and development of Shi'i jurisprudence and legal theory, Liyakat Takim analyzes how underlying epistemologies can be revised in order to create a moral and coherent legal system.
Ship Building, Sale and Finance (Maritime and Transport Law Library)
by Baris Soyer Andrew TettenbornWritten by a team of acclaimed practitioners and leading academics, this book brings together in one single volume an analysis of contemporary legal issues concerning ship building, sale and finance contracts. It offers a comprehensive, expert and thoroughly practical guide on what is a very complex area of law in today's international shipping industry. The book presents a detailed and critical analysis of standard and non-standard shipbuilding and sale contracts, including vital but often overlooked issues such as payment and refund guarantees, which have been at the forefront of recent litigation and practice. It also critically and thoroughly analyses several types of standard insurance contracts, including shipbuilder's risks and mortgagee's interests, which are not adequately dealt with elsewhere and it provides a critical and contemporary discussion on the legal and practical issues surrounding ship finance, ship mortgages and more esoteric issues such as the use of bareboat charters and financial derivatives. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide. The book is divided into 3 parts; Legal Issues relating to Ship Building, Ship Sale Contracts and Practice, and Legal and Practical Issues relating to Ship Finance. Each has been expertly contributed to by the leading practitioners and academics in the field from top firms, chambers and institutions including; Ince & Co, Quadrant Chambers, Haynes and Boone CDG, LLP, Holman Fenwick Willan LLP, Watson Farley & Williams LLP, 7 Kings Bench Walk, and Institute of International Shipping and Trade Law (IISTL) of Swansea University.
Ship Building, Sale and Finance (Maritime and Transport Law Library)
by Baris Soyer Andrew TettenbornWritten by a team of acclaimed practitioners and leading academics, this book brings together in one single volume an analysis of contemporary legal issues concerning ship building, sale and finance contracts. It offers a comprehensive, expert and thoroughly practical guide on what is a very complex area of law in today's international shipping industry. The book presents a detailed and critical analysis of standard and non-standard shipbuilding and sale contracts, including vital but often overlooked issues such as payment and refund guarantees, which have been at the forefront of recent litigation and practice. It also critically and thoroughly analyses several types of standard insurance contracts, including shipbuilder's risks and mortgagee's interests, which are not adequately dealt with elsewhere and it provides a critical and contemporary discussion on the legal and practical issues surrounding ship finance, ship mortgages and more esoteric issues such as the use of bareboat charters and financial derivatives. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide. The book is divided into 3 parts; Legal Issues relating to Ship Building, Ship Sale Contracts and Practice, and Legal and Practical Issues relating to Ship Finance. Each has been expertly contributed to by the leading practitioners and academics in the field from top firms, chambers and institutions including; Ince & Co, Quadrant Chambers, Haynes and Boone CDG, LLP, Holman Fenwick Willan LLP, Watson Farley & Williams LLP, 7 Kings Bench Walk, and Institute of International Shipping and Trade Law (IISTL) of Swansea University.
Ship Operations: New Risks, Liabilities and Technologies in the Maritime Sector (Maritime and Transport Law Library)
by Bariş Soyer Andrew TettenbornThis book covers in one handy volume all the major topics associated with ship operations. Carefully, co-ordinated to ensure breadth, relevance and lack of overlap, the topics covered are addressed by authors are the very top of their profession, whether in legal practice or academia, and are presented in a manner which is topical and clear. Part I offers a detailed and critical analysis of issues of contemporary importance concerning new liability regimes and developments. Part 2 discusses how parties, in particular ship operators, attempt in contemporary practice to allocate their risks concerning ship operations. Part 3 evaluates the legal position of those involved in more ‘back office’ operations. The book provides an invaluable guide to recent legal and practical developments and offers a comprehensive, well-informed and thoroughly practical guide on what is a very complex and developing area of law. It will therefore be of great use to legal practitioners and administrators of ship operations worldwide, as well as students in this area and academics associated with maritime law generally.
Ship Operations: New Risks, Liabilities and Technologies in the Maritime Sector (Maritime and Transport Law Library)
by Baris Soyer Andrew TettenbornThis book covers in one handy volume all the major topics associated with ship operations. Carefully, co-ordinated to ensure breadth, relevance and lack of overlap, the topics covered are addressed by authors are the very top of their profession, whether in legal practice or academia, and are presented in a manner which is topical and clear. Part I offers a detailed and critical analysis of issues of contemporary importance concerning new liability regimes and developments. Part 2 discusses how parties, in particular ship operators, attempt in contemporary practice to allocate their risks concerning ship operations. Part 3 evaluates the legal position of those involved in more ‘back office’ operations. The book provides an invaluable guide to recent legal and practical developments and offers a comprehensive, well-informed and thoroughly practical guide on what is a very complex and developing area of law. It will therefore be of great use to legal practitioners and administrators of ship operations worldwide, as well as students in this area and academics associated with maritime law generally.
Ship Registration: Law And Practice (Lloyd's Shipping Law Library)
by Edward Watt Richard ColesShip Registration Law and Practice is fully updated and now entering its third edition. Part of Lloyd’s Shipping Law Library, it is the most authoritative guide to the theory and practice of ship registration in the most popular jurisdictions. It contains the reference material needed to submit a vessel for registration at the leading ship registries world-wide, as well as extracts from key international conventions in this area, a new statistical analysis of the world merchant fleet and Port State control rankings.
Ship Registration: Law and Practice (Lloyd's Shipping Law Library)
by Edward Watt Richard ColesShip Registration Law and Practice is fully updated and now entering its third edition. Part of Lloyd’s Shipping Law Library, it is the most authoritative guide to the theory and practice of ship registration in the most popular jurisdictions. It contains the reference material needed to submit a vessel for registration at the leading ship registries world-wide, as well as extracts from key international conventions in this area, a new statistical analysis of the world merchant fleet and Port State control rankings.
Ship Sale and Purchase: First Supplement To The Second Edition (Lloyd's Shipping Law Library)
by Iain Goldrein Matt Hannaford Paul TurnerShip Sale and Purchase is an essential working guide for anyone involved in the business of making ship sale contracts and also in the resolution of related disputes. It continues to be of great practical use, highlighting typical problems and tensions between the parties to ship sale contracts, as well as best practice. This sixth edition contains a clause-by-clause commentary on SALEFORM 2012, the latest edition of the highly successful Memorandum of Agreement for the Sale and Purchase of Ships, issued by BIMCO and the Norwegian Shipbrokers Association. Key differences with the previous SALEFORM are described in order to help all involved get up to speed. Recent case law is evaluated to highlight contractual issues that have arisen in recent years and a comprehensive description of the many ways in which the standard form provisions may be modified to suit the particular requirements of each transaction. It provides complete coverage on the subject by including a practical overview of two other ship sale contracts, the current (1999) edition of Nipponsale and the first edition (2011) of the Singapore Ship Sale Form.
Ship Sale and Purchase (Lloyd's Shipping Law Library)
by Iain Goldrein Matt Hannaford Paul TurnerShip Sale and Purchase is an essential working guide for anyone involved in the business of making ship sale contracts and also in the resolution of related disputes. It continues to be of great practical use, highlighting typical problems and tensions between the parties to ship sale contracts, as well as best practice. This sixth edition contains a clause-by-clause commentary on SALEFORM 2012, the latest edition of the highly successful Memorandum of Agreement for the Sale and Purchase of Ships, issued by BIMCO and the Norwegian Shipbrokers Association. Key differences with the previous SALEFORM are described in order to help all involved get up to speed. Recent case law is evaluated to highlight contractual issues that have arisen in recent years and a comprehensive description of the many ways in which the standard form provisions may be modified to suit the particular requirements of each transaction. It provides complete coverage on the subject by including a practical overview of two other ship sale contracts, the current (1999) edition of Nipponsale and the first edition (2011) of the Singapore Ship Sale Form.
Ship Sale and Purchase (Lloyd's Shipping Law Library)
by Iain Goldrein Matt Hannaford Paul TurnerShip Sale and Purchase is the essential working guide for anyone involved in the business of making ship sale and purchase agreements and also in the resolution of disputes arising out of such agreements. The seventh edition of Ship Sale and Purchase contains a detailed clause-by-clause analysis of SHIPSALE 22, the new standard form Memorandum of Agreement for ship sales and purchases published by BIMCO in 2022. This clause-by-clause analysis is supplemented by commentary on the corresponding provisions of the other leading standard forms used in the global shipping markets - SALEFORM 2012 (the latest version of the longstanding standard form produced by the Norwegian Shipbrokers' Association), SINGAPORE SHIP SALE FORM 2011 and NIPPONSALE 1999 - and the main differences between these forms and SHIPSALE 22. This edition of Ship Sale and Purchase also contains a comprehensive description of the many ways in which standard form agreements may be modified, through amendments to the printed terms and the use of additional clauses, to suit the particular requirements of the parties to individual transactions. In addition, it analyses relevant decisions of the English courts and arbitration tribunals and explains the implications of these decisions for ship sale and purchase transactions. The seventh edition also includes commentary on changes in working practices such as the use of electronic signatures, the practice of "remote" closings, payment mechanisms and the impact of sanctions and anti-corruption legislation. As with previous editions, the seventh edition of Ship Sale and Purchase seeks to provide legal analysis, market insight and practical guidance for all those involved in the business of buying and selling second-hand ships.
Ship Sale and Purchase (Lloyd's Shipping Law Library)
by Iain Goldrein Matt Hannaford Paul TurnerShip Sale and Purchase is the essential working guide for anyone involved in the business of making ship sale and purchase agreements and also in the resolution of disputes arising out of such agreements. The seventh edition of Ship Sale and Purchase contains a detailed clause-by-clause analysis of SHIPSALE 22, the new standard form Memorandum of Agreement for ship sales and purchases published by BIMCO in 2022. This clause-by-clause analysis is supplemented by commentary on the corresponding provisions of the other leading standard forms used in the global shipping markets - SALEFORM 2012 (the latest version of the longstanding standard form produced by the Norwegian Shipbrokers' Association), SINGAPORE SHIP SALE FORM 2011 and NIPPONSALE 1999 - and the main differences between these forms and SHIPSALE 22. This edition of Ship Sale and Purchase also contains a comprehensive description of the many ways in which standard form agreements may be modified, through amendments to the printed terms and the use of additional clauses, to suit the particular requirements of the parties to individual transactions. In addition, it analyses relevant decisions of the English courts and arbitration tribunals and explains the implications of these decisions for ship sale and purchase transactions. The seventh edition also includes commentary on changes in working practices such as the use of electronic signatures, the practice of "remote" closings, payment mechanisms and the impact of sanctions and anti-corruption legislation. As with previous editions, the seventh edition of Ship Sale and Purchase seeks to provide legal analysis, market insight and practical guidance for all those involved in the business of buying and selling second-hand ships.
Shipboard Management
by Simon DanielsShipboard Management supports students undertaking qualification at all stages of maritime training, enhancing and developing knowledge and understanding of the key issues in the Merchant Shipping (Training and Certification) Regulations 1997, as subsequently amended by the 2015 Regulations and other legislation.Informed by real-world experience of commercial shipboard operations, Shipboard Management offers an essential study guide addressing the issues which are most frequently confronted in the context of ship management. It is designed to foster the ability to analyse and apply the dynamics of the legal and operational structures in which the shipboard management team must engage in merchant vessel operations. Students will progress through increasingly difficult levels of learning activity in order to develop problem-solving abilities. The text focuses on the application of skills and techniques that are fundamental to commercial shipping and that meet the demands of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations.This will be essential reading for all students and candidates on MCA-accredited Deck training courses, and for seafarers wishing to apply for Certificates of Equivalent Competency. It is also a key reference for professionals in ship-owning and management companies, and for maritime lawyers.
Shipboard Management
by Simon DanielsShipboard Management supports students undertaking qualification at all stages of maritime training, enhancing and developing knowledge and understanding of the key issues in the Merchant Shipping (Training and Certification) Regulations 1997, as subsequently amended by the 2015 Regulations and other legislation.Informed by real-world experience of commercial shipboard operations, Shipboard Management offers an essential study guide addressing the issues which are most frequently confronted in the context of ship management. It is designed to foster the ability to analyse and apply the dynamics of the legal and operational structures in which the shipboard management team must engage in merchant vessel operations. Students will progress through increasingly difficult levels of learning activity in order to develop problem-solving abilities. The text focuses on the application of skills and techniques that are fundamental to commercial shipping and that meet the demands of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations.This will be essential reading for all students and candidates on MCA-accredited Deck training courses, and for seafarers wishing to apply for Certificates of Equivalent Competency. It is also a key reference for professionals in ship-owning and management companies, and for maritime lawyers.
Shipbreaking: Hazards And Liabilities
by Michael GalleyMost of the world’s redundant ships are scrapped on the beaches of the Indian sub-continent, largely by hand. As well as cargo residues and wastes, ships contain high levels of hazardous materials that are released into the surrounding ecology when scrapped. The scrapping process is labour-intensive and largely manual; injuries and death are commonplace.Ship breaking was a relatively obscure industry until the late 1990s. In just 12 years, action by environmental NGOs has led to the ratification of an international treaty targeting the extensive harm to human and environmental health arising from this heavy, polluting industry; it has also produced important case law.Attempts to regulate the industry via the Basel Convention have resulted in a strong polarization of opinion as to its applicability and various international guidelines have also failed because of their voluntary nature. The adoption of the Hong Kong Convention in 2009 was a serious attempt to introduce international controls to this industry.
Shipbreaking in Developing Countries: A Requiem for Environmental Justice from the Perspective of Bangladesh (IMLI Studies in International Maritime Law)
by Md Saiful KarimThis book explores the process of shipbreaking in developing countries, with a particular focus on Bangladesh. In the past, shipbreaking (the disposal of obsolete ships) was a very common industrial activity in many developed countries. However, due to stringent domestic environmental and labour laws it is almost impossible for the increasing number of vessels to be disposed of domestically, and now developing nations including Bangladesh, China, India, Turkey and Pakistan regularly participate in this activity. The shipbreaking yards in these countries are not only detrimental to the marine and coastal environment but also represent significant health hazards to local people and workers. Given the global importance of the issue, an effective legal and institutional framework for a sustainable operation of the shipbreaking industry is desperately needed. Sitting at the intersection of three distinct fields – environmental justice, international environmental law and international maritime law – this book offers an innovative take on the issues surrounding the shipbreaking process. Drawing on the case study of Bangladesh due to its prominence in the shipbreaking industry, the author implements an environmental justice framework to examine the issues of sustainability surrounding shipbreaking, and analyses the relationship between social development, economic development and environmental protection. Maritime perspectives of environmental justice will also be highlighted through a discussion of the International Maritime Organization’s role in the implementation of the Hong Kong Convention in developing countries. This book will be of great interest to scholars of environmental justice, international maritime law and international environmental law.
Shipbreaking in Developing Countries: A Requiem for Environmental Justice from the Perspective of Bangladesh (IMLI Studies in International Maritime Law)
by Md Saiful KarimThis book explores the process of shipbreaking in developing countries, with a particular focus on Bangladesh. In the past, shipbreaking (the disposal of obsolete ships) was a very common industrial activity in many developed countries. However, due to stringent domestic environmental and labour laws it is almost impossible for the increasing number of vessels to be disposed of domestically, and now developing nations including Bangladesh, China, India, Turkey and Pakistan regularly participate in this activity. The shipbreaking yards in these countries are not only detrimental to the marine and coastal environment but also represent significant health hazards to local people and workers. Given the global importance of the issue, an effective legal and institutional framework for a sustainable operation of the shipbreaking industry is desperately needed. Sitting at the intersection of three distinct fields – environmental justice, international environmental law and international maritime law – this book offers an innovative take on the issues surrounding the shipbreaking process. Drawing on the case study of Bangladesh due to its prominence in the shipbreaking industry, the author implements an environmental justice framework to examine the issues of sustainability surrounding shipbreaking, and analyses the relationship between social development, economic development and environmental protection. Maritime perspectives of environmental justice will also be highlighted through a discussion of the International Maritime Organization’s role in the implementation of the Hong Kong Convention in developing countries. This book will be of great interest to scholars of environmental justice, international maritime law and international environmental law.