Voyage Chartersprovides the reader with a clause-by-clause analysis of the two major charterparty forms: the Gencon standard charterparty contract and the Asbatankvoy form. It also delivers thorough treatment of COGSA and the Hague and Hague-Visby Rules, a comparative analysis of English and United States law, and a detailed section on arbitration awards.
Key features of the fourth edition:The only textbook to deal specifically with this key area of maritime law Written by an impressive team of highly-regarded maritime authorities from both sides of the Atlantic Contains a wealth of updated English and American case law and arbitrations, as well as addressing broader issues such as Rome II Regulation Convention regarding the conflict of laws Practical user-friendly guide, which is accessible not only to lawyers but also shipping professionals A new, detailed United States law section on COGSA
This book is an indispensable, practical guide for both contentious and non-contentious shipping law practitioners, and postgraduate students studying this area of 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.
The issue of safe ports and berths naturally stems from the vessel’s operation. This dissertation delineates a meaning of safe ports and berth under English and American law, discusses a standard of culpability of the parties, and sets benchmarks on physical, political, administrative and ecological safety.
A standard of liability of the parties responsible for nomination of the port is explained in detail. Under English law, it is a warranty of the charterers that encompasses strict liability for nomination of an unsafe port. American law provides two approaches: one of a warranty given by the charterers; another of a duty of due diligence of the charterers in selecting a port.
Physical, political, administrative and environmental conditions of the port are discussed with examples of court’s decisions and arbitration awards. The dissertation concludes with a proposal that the due diligence approach will best reflect the modern realities of the shipping world.
The Law of Tug and Tow and Offshore Contracts has rapidly established itself as a leading text and is written by, Simon Rainey QC, one of the foremost shipping practitioners with unrivalled experience in the field.
Key reasons to buy The Law of Tug and Tow and Offshore Contracts, Fourth Edition
• the only clause-by-clause commentary on all of the major standard form contracts used by the offshore industry
• the only in-depth analysis of the drafting history of the BIMCO standard form offshore contracts, comparing the recent amended versions in their drafting context;
• the only authoritative analysis of the case law and arbitration decisions affecting the towage and offshore industries
• written from the perspective of a leading practitioner with unrivalled practical experience over many years of the contract forms and of the issues which arise under them (many of which are unreported) and involved in almost all of the leading cases and arbitrations in the field
• written with an eye on the practicalities of how the contracts work given the everyday problems which arise in the industry, with guidance where the standard forms may require amendment
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.
This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK).
The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together.
The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.
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.
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
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.
Originally published in 1960.
A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Part of the Maritime and Transport Law Library.
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.
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.
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.
The book covers:
every major commodity
how it is loaded
how it is discharged
what equipment is used to handle and store it
any specialised terminal required
This new edition not only includes many new definitions, it also benefits from several photographic sequences showing cargo loading and discharging processes in action from start to finish. This book is a valuable reference to any professionals working in the shipping and cargo handling industry.
This third edition represents a major re-write and addresses significant amendments that were made to the ISM Code on 1st July 2010 and 1st January 2015.
This book provides practitioners with a practical overview of, and much needed guidance on, the potential implications of failing to implement the requirements of the Code. It will be hugely valuable to DPAs, managers of ship operating companies, ship masters, maritime lawyers and insurance claims staff.
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.
This book provides you with practical advice and brings you:
• An overall view of the two liability regimes, followed by a short history of the Warsaw Convention in its various versions and what led to agreement on a single regime, the Montreal Convention, as well as the threat to uniformity posed by EC Directives.
• A statement of the rules of interpretation applicable to conventions of uniform law, illustrated mainly by decisions of the air conventions.
• Commentary on the text of the 1999 Montreal Convention together with commentary on the text of the 1967 Warsaw Convention.
• Reference to decisions of the courts not only of the UK but also those of other common law countries, notably the USA, and countries of civil law, notably France and Germany.
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.
Written by an author who was closely involved with the revisions to the Institute Cargo Clauses 2009, the work expertly examines marine cargo insurance by reference to important English and foreign legal cases as well as the Marine Insurance Act 1906. Logically arranged to reflect the structure of the Institute Cargo Clauses, the most widely used standard form of cover, this text offers easy to find solutions for today’s busy practitioner.
New to this edition:
Completely revised to include the Insurance Act 2015 (duty of fair presentation; warranties, fraudulent claims)
Brand new chapter on the revised Institute Ancillary and Trade Clauses, including those to be introduced on 1 November 2015
Increased coverage of jurisdiction and choice of law, particularly taking into account the Rome I Regulation
Enhanced coverage of the issue of Constructive Total Loss
Consideration of the Law Reform Commission’s proposals for the reform of insurance law, and further amendments to the Marine Insurance Act 1906.
Covers latest developments in the Enterprise Bill for damages for late payment of claims
Fully updated with all of the influential cases since 2009, including:
The Cendor MOPU, one of the most important marine insurance cases of the last 50 years.
Clothing Management v Beazley Solutions
Notable hull cases such as Versloot Dredging v HDI Gerling on fraudulent devices
Influential foreign cases taken from this book’s sister text, International Cargo Insurance
This unique text is a one-stop resource for marine insurance lawyers handling cargo claims, and will also be of interest to students and researchers of maritime law.
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
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
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.
The book is intended as a Liber Amicorum to Professor David Joseph Attard. It celebrates his career in international law; he played a crucial role in establishing the IMO International Maritime Law Institute in 1988, the main purpose of which is to train lawyers in private and public international maritime law. Over the last twenty years he has continued to teach at the Institute and has played an important role in contributing to the work of international fora concerned with the development of international law.
This work represents a close collaboration amongst practitioners and academics involved in the field of international maritime law including IMO Secretary-General Efthimios E. Mitropoulos, Judge Helmut Tuerk, Professor Francis Reynolds Q.C. and Patrick J.S. Griggs CBE.
Part I contains general articles in international maritime law, Part II is dedicated to the law of the sea, and Part III is devoted to issues on shipping law.
Serving the Rule of International Maritime Law is of great interest to professionals in the shipping industry as well as practitioners, academics and students.