Maritime Organisation, Management and Liability

Maritime Organisation, Management and Liability

Author: Stephen Girvin

Publisher: Bloomsbury Publishing

Published: 2021-05-20

Total Pages: 351

ISBN-13: 1509942920

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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 Organisation, Management and Liability

Maritime Organisation, Management and Liability

Author: Stephen Girvin

Publisher: Bloomsbury Publishing

Published: 2021-05-20

Total Pages: 400

ISBN-13: 1509942939

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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.


Current Maritime Issues and the International Maritime Organization

Current Maritime Issues and the International Maritime Organization

Author: Myron H. Nordquist

Publisher: Martinus Nijhoff Publishers

Published: 1999

Total Pages: 460

ISBN-13: 9789041112934

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In "Current Maritime Issues and the International Maritime Organization," leading experts thoughtfully consider the most pressing issues confronting the International Maritime Organization, as the IMO celebrates its fiftieth anniversary. The papers in this publication were originally presented at the Twenty-Third Annual Seminar of the Center for Oceans Law and Policy (COLP), University of Virginia School of Law, an event co-hosted with the IMO in January, 1999, at its headquarters in London. Subjects covered were maritime safety, marine environmental protection, flag State implementation and port State control, IMO's interface with the Law of the Sea Convention, IMO Legal Committee work, and broader questions of IMO regulations and oceans policy. "Current Maritime Issues and the International Maritime Organization" also includes keynote papers by Sir Robert Jennings, the distinguished former President of the International Court of Justice; Ms Glenda Jackson, the United Kingdom Under-Secretary of State and Minister of Shipping; and Ambassador Satya N. Nandan, the Secretary-General of the International Seabed Authority.


Commercial Maritime Law

Commercial Maritime Law

Author: Melis Özdel

Publisher: Bloomsbury Publishing

Published: 2020-04-02

Total Pages: 227

ISBN-13: 1509901051

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The title 'Commercial Maritime Law' is a misnomer. There is a patchwork of different commercial maritime laws around the world. However, the title is a true reflection of what many legal scholars and practitioners in the field have long desired: a common framework of commercial maritime law. This book unravels the complexities of bridging the gap between common law and civil law and will discuss whether the title will remain a misnomer despite the countless attempts at harmonisation. Internationally renowned legal scholars and practitioners discuss herein the areas in which the common law and civil law are divided; the impact of these differences on the drafting and ratification of international conventions; the search for a common framework; and the procedural aspects of the common law and civil law divide embedded within commercial maritime law.


The IMLI Manual on International Maritime Law

The IMLI Manual on International Maritime Law

Author: David Joseph Attard

Publisher: Oxford University Press

Published: 2014

Total Pages: 657

ISBN-13: 0199683948

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"This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact." --


Autonomous Vessels in Maritime Affairs

Autonomous Vessels in Maritime Affairs

Author: Tafsir Matin Johansson

Publisher: Springer Nature

Published: 2023-03-04

Total Pages: 425

ISBN-13: 303124740X

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This book examines law and governance implications in relation to maritime autonomous surface ships (MASS). Adopting a multi-disciplinary approach, it focuses on a wide array of timely, topical and thorny issues, including naval warfare and security, seaworthiness and techno-regulatory assessments, global environmental change, autonomous passenger transportation, as well as liability and insurance. It also considers selected national and regional developments. The book provides an insight into the role of innovation-diplomacy as the driving force that could expedite the transition from automation to autonomy. After navigating through the complex law and governance landscape, it concludes by assessing critical findings for further consideration. The book will appeal to scholars and students of maritime technology, law and governance. Chapter 11 and Chapter 18 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.


Environmental Norms in Maritime Law

Environmental Norms in Maritime Law

Author: Tsimplis, Michael

Publisher: Edward Elgar Publishing

Published: 2021-12-07

Total Pages: 336

ISBN-13: 1839107324

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This timely book examines the reform of maritime law under the influence of environmental principles and the effects of these changes in the legal relationships between maritime stakeholders. Providing an integrated assessment of the use of environmental principles in the governance of shipping and maritime law, it argues that normative barriers supported by short term financial interests, the balance of power between states and the technocratic character of the IMO are delaying necessary changes to support sustainable development and thus endanger the marine environment.


Carbon-Free Shipping and Shipping Carbon

Carbon-Free Shipping and Shipping Carbon

Author: Stephen Girvin

Publisher: Bloomsbury Publishing

Published: 2024-08-22

Total Pages: 329

ISBN-13: 150997265X

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This book explores the private law implementation of the new international and EU regulatory framework targeting decarbonisation in the shipping industry. Compared with other sectors, the shipping industry has traditionally been labelled a 'slow mover' concerning the sustainability agenda. However, new regulatory measures on carbon reduction both internationally and in the EU require fundamentally new developments in the industry. This book focuses on the goal of carbon reduction from a private law perspective and considers how the new regulatory framework can be implemented in the shipping industry. This book studies existing contractual provisions in charterparties and bills of lading alongside new contractual model clauses designed to facilitate carbon reduction. It considers how the new clauses should be interpreted, whether they will transform traditional shipping contracts into more collaborative contracts, and how they will interact with other clauses in the contract and with other contracts in the supply chain. The contractual analysis is considered in context, reflecting on enforcement issues, such as Port State Control (PSC), the Poseidon Principles, and climate change litigation. The book also analyses the related topic of shipping contracts for carbon storage as a necessary means of meeting carbon reduction targets. The book is intended to pave the way for understanding how core shipping contracts can work in this new context and the extent to which the new types of clauses will profoundly transform contracts. It presents contributions by experienced and younger academics and practitioners from Asian, European and Scandinavian legal systems.


The Straight Bill of Lading

The Straight Bill of Lading

Author: Michiel Spanjaart

Publisher: Taylor & Francis

Published: 2023-09-22

Total Pages: 156

ISBN-13: 1000934578

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The bill of lading has been the subject of numerous articles, dissertations, and textbooks over the years, and this is hardly surprising. The bill of lading has a fascinating history, it has several functions with roots in both contract and property law, and its issuance may trigger the application of an international convention on the carriage of goods by sea, the Hague–Visby Rules. Whereas most books on the subject deal with the bill of lading in general, this book zooms in on the straight bill of lading and covers the differences (and similarities) with a negotiable (order or bearer) bill of lading.