This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including:
New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case
The concept of the "wilful misconduct" in failure to guard the vehicle
Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG
It also provides new coverage of the impact of e-commerce on road haulage.
This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.
Taking an international comparative perspective, The Law of Liability Insurance covers all the major types of liability insurance, not just professional indemnity insurance, presenting the issues according to the general principles of contract law. The book begins by concentrating on the fundamentals of the liability insurance contract before moving on to cover conditions, defence, exclusions, and finally claims against and non-payment by the insurer.
This book will be an invaluable reference tool for practitioners and professionals working in the commercial liability insurance industry, including those who operate globally, as well as being a source for academics and post-graduate students.
The Widow Wave explores this alternate reality. It is a fascinating true-life mystery and lawyer procedural rolled into one. Jay Jacobs offers no facile answers—and he’s not the flawless protagonist typically starring in such dramas. He lets us see how such a big wrongful death case really unfolds, in a true story that reads like a novel. Will the jury find the truth? Will the reader?
"An intelligently told true story of honor, integrity and justice. The Widow Wave reminded me of The Perfect Storm, played out in a taut courtroom thriller. Jay Jacobs masterfully weaves the harrowing tale of the last voyage of the Aloha, and courtroom battle that followed. A great read."
— Robert Dugoni, New York Times Bestselling Author of My Sister's Grave
"A compelling story of a modern day maritime tragedy that beautifully discusses the vital importance of advances in observational technologies, forecasts and communications in avoiding future loss of life at sea. Jacobs skillfully weaves together the legal, scientific and maritime narratives to enthrall and educate the reader."
— Julie Thomas, Scripps Institution of Oceanography, Manager of the Institute of Geo and Planetary Physics
"Trial lawyer Jay Jacobs, in a unique, personally revealing memoir, defends a widow and her deceased husband's honor in an intimate first person account of how the civil trial process unfolds.... The reader will learn about the strategies, shoals, and embroilments of a real life, vigorously contested trial with its many emotional upheavals."
— Justice James Marchiano (ret.), formerly Presiding Justice, California Court of Appeals, First Appellate District
"Jacobs' vivid prose pulls you into a compelling drama, deftly transporting you from the courtroom to the storm-tossed Pacific and back to the courtroom again. The book reads like a well-wrought detective novel."
— Daniel James Brown, New York Times Bestselling Author of The Boys in the Boat
The book takes as its focus the rules and institutions established by the Convention on the Law of the Sea and places the achievements of the Convention in both historical and contemporary context. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, and marine resource and conservation issues including fisheries, marine environmental protection, and dispute settlement.
As the Convention is now over a quarter of a century old the book takes stock of contemporary oceans issues that are not adequately addressed by the convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, how declines in the health of marine ecosystems can be halted through strengthened legal regimes, and how the law of the sea can regulate ocean space in the Polar regions as global warming opens up new possibilities for resource exploitation.
On a cloudy day in August 2003, Grace and Lily Pearson, 4 and 3, were flying in their uncle's plane along with their mother on their way to their grandpa's birthday party near Lake Superior, when Lily noticed the trees out the window were growing close; so close she could almost touch them. Before the trees tore into the cabin, Grace had the strange sensation of falling through clouds.
A story of tragedy, survival, and justice, Damian Fowler's Falling Through Clouds is about a young father's fight for his family in the wake of a plane crash that killed his wife, badly injured his two daughters, and thrust him into a David-vs-Goliath legal confrontation with a multi-billion dollar insurance company. Blindsided when he was sued in federal court by this insurance company, Toby Pearson made it his mission to change aviation insurance law in his home state and nationally, while nursing his daughters to recovery and recreating his own life. Falling Through Clouds charts the dramatic journey of a man who turned a personal tragedy into an important victory for himself, his girls, and many other Americans.
This sixth edition contains new terms and phrases which cover:The latest technological and other improvements in cargo handling Improvements in port equipment Developments in the way freight charges and surcharges are levied New documentation on bills of lading and charter-party clauses.
This book will be an immensely useful reference tool for all professionals involved in maritime transport, including ship-owners, shipbrokers, freight forwarders, port authorities, average adjusters, and ship operators. Practitioners, students and academics of maritime law will also find the book of great value, as will those in related industries such as banking, commercial and insurance law.
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.
This book addresses the demands of 21st century ship management with the focus of the book as much about the people who manage ships as about the theory and practice of ship management.
The book concentrates on the law in the United States and England. It then examines other countries with a common law tradition including Hong Kong, Singapore, Japan and Australia. The civil law systems are highlighted in a number of key trading nations: Italy, Germany, France and Norway. The book includes chapters on South Africa as well as the People’s Republic of China. It concludes with a comparative law chapter concentrating on issues that arise in practice in cargo coverage cases. This chapter also examines how the Institute Cargo Clauses have been construed by Courts worldwide.
The appendices include the standard cargo policy insurance terms used in each jurisdiction, some translated for the first time for this volume, as well as translations of the relevant statutes and commercial codes, many not available elsewhere.
Part of the Maritime and Transport Law Library.
This unique text provides a clear and comprehensive introduction to the principal elements involved in the management of marine cargo and the carriage of goods by sea. Not only does it analyse key theories and debates in the maritime freight sector, it is equally instructive on practice and logistics. Furthermore, the book provides a thorough guide to the roles and responsibilities of all parties involved in this dynamic industry.
This second edition has been fully revised and updated to incorporate the very latest changes in cargo management legislation and procedures, including:
Offshore oil & gas supply management
The revised INCOTERMS 2010
Tramp shipping and spot cargo trading
Project cargo management
Dry and liquid bulk cargo management
The IMDG Code and the marine carriage of dangerous and hazardous goods
Risk management and best practice
This is an essential guide for shipping professionals, academics and students of marine logistics, and international trade.
The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities.
The second volume tackles the substantive maritime law with a particular emphasis on risk and liabilities, and analyses issues of contract, tort and criminal law, causation and remoteness of damages.
Key features of Volume Two include:
An analysis of the regulatory regime, new EU and IMO safety at sea legislation, reforming practices for flag states and recognised organisations, vetting, codes of good practice, and International Conventions.
An explanation of the Rules of attribution of liability, the impact of the ISM Code upon liabilities, including criminal, corporate manslaughter, and the new Directive for ship-source pollution.
Important developments in areas including:
Ship-managing risks, best endeavours and fiduciary duties
Mortgagees risks and economic torts
New BIMCO standard terms of contracts
Ship-sale risks – including sale ‘as is’ and ‘as she was’
Shipbuilding risks – guarantees and performance bonds
New trends on wrongful acts of employees, collisions and measure of damages, salvage issues, environmental salvage, and towage contracts
Piracy risks cases and general average
New perspectives on risks and liabilities of port authorities
Pollution liabilities, including trends of prosecution of class societies and charterers and new limits of liability under International Conventions
Purchase Volumes 1 and 2 of the Modern Maritime Law together for a reduced price at http://www.routledge.com/books/details/9780415843201/
This book provides practical, experience-based, and proven knowledge - and a "how-to-guide" - on maritime security. McNicholas explains in clear language how commercial seaports and vessels function; what threats currently exist; what security policies, procedures, systems, and measures must be implemented to mitigate these threats; and how to conduct ship and port security assessments and plans. Whether the problem is weapons of mass destruction or cargo theft, Maritime Security provides invaluable guidance for the professionals who protect our shipping and ports.Holds the keys to successfully designing, implementing, and managing effective port and vessel security programs in a high-risk environmentProvides real-world experience in Maritime Security from the Managing Director of Phoenix Management Services Group in the USA and Panama.Offers specifics of a model port security program and case studies of effective tactics in a high-threat environment
The new edition has been updated to incorporate:
• the most recent case law: there have been some very important judgments handed down since the book first published, including: The Cendor MOP, The Silva, The Resolute and The Marina Iris
• the implications of the introduction of: Institute Cargo Clauses 2009, the effect of the Gambling Act 2005 and the Third Parties (Rights Against Insurers) Act 2010 Law Commission reform proposals
The book explores in detail the following areas:
• the nature of insurance
• insurable interest
• the insurance contract
• the premium
• insured risks
• marine risks
• double insurance
Key features of Offshore Contracts and Liabilities: Detailed insight into contemporary legal issues concerning offshore contracts, including Supplytime and Heavycon In-depth analysis of the current liability regimes with clear reference to contemporary industry practice Thorough examination of the current state of the law from national, regional and international perspectives Up-to-date coverage of hot topics such as liability for offshore installations, knock-for knock agreements in offshore contracts and recently-developed new standard forms, such as Windtime.
This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide
The significance of the judicial extracts, the statutory materials and standard terms are then discussed with particular emphasis on important and problematical areas of the law.This book will be indispensable not only to postgraduate students of law, in-house lawyers, insurance brokers and claims adjusters, but also to students of maritime studies, legal practitioners and a wide range of professionals within the shipping industry who may wish to have at hand a convenient source of information.
Whilst the book is a companion to the authors The Law of Marine Insurance, it is also structured to stand as a marine insurance text in its own right.
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
This comprehensive resource provides a thorough treatment of both wet and dry shipping treaties, combining breadth of coverage with depth of analysis. In this third volume, the author covers the key conventions dealing with pollution and safety at sea. In particular, the author covers the following instruments:
International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 and Protocol of 1973
International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC Convention) with its Protocol of 2000 (OPRC-HNS Protocol)
International Convention for the prevention of pollution from ships (MARPOL) and protocol of 1978
International Convention for the Safety of life at sea, 1974 (SOLAS)
Convention on the prevention of marine pollution by dumping of wastes and other matters, 1972 as amended by the protocol of 1996
International Convention for the control and management of ship’s ballast water and sediments, 2004
International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978
Nairobi International Convention on removal of wrecks 18 may 2007
Port state control: the Paris Memorandum of Understanding and the European Directive 2009/16 EC
European Traffic Monitoring and Information System
International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC 1992)
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, as amended by its Protocol of 2000 and its Supplementary Protocol of 2003 (the Fund Convention)
International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
International Convention on Liability and Compensation for Damage in Connection with Carriage of Hazardous and Noxious Substances by Sea, 1996
This book is an indispensable reference for maritime lawyers, academics and students of maritime law worldwide.
Despite the existence of various international conventions designed to ensure uniformity of approach, significant differences in the laws of various countries exist which make it possible to create jurisdiction in one country which is not possible elsewhere. This reference book, arranged alphabetically by country, describes in a clear but concise manner how to found jurisdiction in over 20 jurisdictions. A questionnaire-based analysis ensures consistent headings are used throughout to allow easy cross-referencing and points of comparison between the various jurisdictions covered.
This book approaches limitation of liability from an international perspective looking at a number of key conventions including the global limitation conventions, the conventions relating to the carriage of passengers and their luggage by sea (1974 Athens Convention relating to the Carriage of Passengers and Their Luggage by Sea and the 2002 Protocol thereto), conventions relating to liability and compensation for pollution damage (1969 International Convention on Civil Liability for Oil Pollution Damage and the 1992 Protocol thereto, the 1996 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea and the 2010 Protocol thereto, and the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage), as well as the 2007 Nairobi International Convention on the Removal of Wrecks.
Each chapter of this book sets out to analyze provisions in the conventions which have proved to be controversial and subject to debate by courts and authors, as well as the relationship between the limitation provisions in claim specific liability conventions and in the global limitation conventions. Particular attention is also given to the persons entitled to limit liability, ships in respect of which liability can be limited, claims subject to limitation, claims excepted from limitation, basis of liability (where applicable), loss of the right to limit, and the limits of liability.
Limitation of Liability in International Maritime Conventions is of interest to academics and practicing lawyers who wish to understand the intricacies of the law of limitation.
Addressing the homeland security challenges facing the U.S. in the age of terrorism, this text explores:
Security protocol prior to 9/11 Precursors to 9/11 The rising threat of Al Qaeda Tactical and congressional response to 9/11, including new legislation The broader context of risk assessment Intelligence gathering Airport security, including passenger, baggage, and employee screening Airline in-flight security measures Airport perimeter security The threat of shoulder-fired missiles Security for GA (general aviation) operations and airports
Beginning with a historical backdrop describing the dawn of the age of global terrorism in the 1960s and continuing up until the present time, the book demonstrates the broad social and political context underlying recent changes in the aviation security system as a direct result of the 9/11 attacks. Coverage examines ongoing threats and vulnerabilities to the aviation infrastructure, including an exploration of how past terrorist incidents have come to shape U.S. policy and strategy.
Written by a team of expert contributors, this book identifies and assesses the issues inherent in developing and implementing maritime security measures. It examines the new maritime security environment, including the different but complementary interests of the shipping industry and national regulatory agencies. The coverage includes analyses of the different threats to maritime security and how they are perceived by different actors in the maritime domain. The editors evaluate the international and national legal frameworks developed for specific sectors and the responses that different nations have given to these initiatives. Comprehensive in scope, the volume addresses security concerns that pertain to a wide spectrum of commercial shipping and maritime security situations, regulatory frameworks, sector-specific vulnerabilities, regional nuances, and port facilities.
Considered the definitive handbook on the terrorist threat to commercial airline and airport security, USAF Lieutenant Colonel Kathleen Sweet’s seminal resource is now updated to include an analysis of modern day risks. She covers the history of aviation security and compares current in-flight security practices with those of other countries.
Covering Transportation Security Administration changes in security, policy, and training regulation since 9/11, this authoritative reference:
Discusses a broad range of aviation terrorist incidents
Considers aviation security in the present geopolitical climate
Addresses cargo and passenger security
Determines how security considerations are factored into business processes
Details new regulations for the TSA
Contains an instructor’s manual with test bank
Documents the history of aviation security
Includes extensive background information on various terrorist groups
In addition to cargo and passenger security, the text looks at airport and aviation business practices and how security considerations are factored into business processes. The first edition quickly became required reading for air service operators and airport management training programs. This edition is certain to follow suit.
About the Author:
Kathleen M. Sweet, Lt. Col., Ret., USAF, JD, is on the adjunct faculty at the University of Maryland, Department of Emergency Management. Lt. Col. Sweet is also a consultant with International Risk Control Ltd, London, England, and president and CEO of Risk Management Security Group, a transportation security consulting firm.
The objective of the book, and of the conference on which it is based, is to describe and discuss recent advances in the study of driving behaviour and driver training. It bridges the gap between practitioners in road safety, and theoreticians investigating driving behaviour, from a number of different perspectives and related disciplines.
The book is timely in its aim of defining new approaches to driver training methodology based on decades of empirical research on driver behaviour. The contributing road safety researchers and professionals consider the kinds of methods that are effective in teaching drivers the higher-level skills needed to be a safe competent driver.
The readership includes road safety researchers from a variety of different academic backgrounds, senior practitioners in the field from regulatory authorities and professional driver training organisations such as the police service, and private and public sector personnel who are concerned with improving road safety.