International Law for Freshwater Protection
International Law for Freshwater Protection

Author: Agnes Chong

Publisher: BRILL

Published: 2022-04-04

Total Pages: 417

ISBN-13: 9004511830

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This book traces the development of international water law that has come to privilege and the water utilisation rights of sovereign states over the environment. It argues that existing mechanisms in international law can be applied to improve environmental protection.

Methodology of Uniform Contract Law
Methodology of Uniform Contract Law

Author: Maren Heidemann

Publisher: Springer Science & Business Media

Published: 2007-02-23

Total Pages: 246

ISBN-13: 3540444629

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This book examines uniform contract law in all relevant areas of legal doctrine and practice, and considers the barriers which exist toward it in modern nation states, namely in the German and English legal systems. The author suggests ways to overcome these obstacles, and develops an autonomous methodology of interpretation of transnational contract principles. The book analyses existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts.

Criminal Jurisdiction Over Perpetrators of Ship-Source Pollution
Criminal Jurisdiction Over Perpetrators of Ship-Source Pollution

Author: Alla Pozdnakova

Publisher: Martinus Nijhoff Publishers

Published: 2012-09-03

Total Pages: 361

ISBN-13: 9004209999

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Criminal Jurisdiction over Perpetrators of Ship-Source Pollution: International Law, State Practice and EU Harmonisation provides a thorough analysis of criminal jurisdiction over the perpetrators of ship-source pollution. Criminal sanctions for discharge violations committed by sea-going vessels represent an issue of critical concern in the field of International Law, given the many devastating pollution cases which have occurred at sea, and the multitude of complications inherent in the criminal prosecution of the perpetrators of these pollution cases. The varying substantive and geographical reach of any given State’s criminal law poses unique challenges in prosecution, addressed in a comprehensive discussion which includes limitations posed by the UN Law of the Sea Convention. Additionally, consequences arising from the potential conflict between the EU harmonization measures within the field, and UNCLOS are detailed in the monograph.

Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime
Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime

Author: Jingchen Xu

Publisher: Bloomsbury Publishing

Published: 2020-12-10

Total Pages: 208

ISBN-13: 1509935983

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This book covers the pressing issues of cross-border cases involving admiralty and bankruptcy law. For example, what should happen when a shipowner files an insolvency proceeding in one country, while at the same time facing an in rem action against its vessel in another country? Should the in rem action arising in one country be stayed or dismissed because of the existence of insolvency proceedings in another country? The book discusses the relevant issues regarding the treatment of maritime creditors throughout insolvency proceedings, the determination of the 'centre of main interest' of an offshore shipping company, and the scope of a debtor's assets. The author uses a comparative law analysis, selecting four leading shipping countries – Australia, the UK, the US, and Singapore – and examines their approaches to the above three problems when applying the UNCITRAL Model Law regime. The book also proposes a solution to help eliminate the ambiguity arising from maritime cross-border insolvency cases under the UNCITRAL Model Law regime, with a view to enhancing the development of the shipping industry.

The Liability of Classification Societies
The Liability of Classification Societies

Author: Nicolai I. Lagoni

Publisher: Springer Science & Business Media

Published: 2007-06-29

Total Pages: 394

ISBN-13: 3540729151

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Because the liability of ship owners is limited, classification societies have been considered as exempt from liability. This book analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or American maritime law. In addition, it develops the fundamental aspects of an international convention on the limitation of the liability of classification societies.

Buyers’ Remedies in International Sales Law
Buyers’ Remedies in International Sales Law

Author: Reza Beheshti

Publisher: Bloomsbury Publishing

Published: 2024-02-22

Total Pages: 247

ISBN-13: 1509940480

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An authoritative, in-depth examination of remedies in international sales of manufactured goods, this book provides a detailed analysis of the remedies available to a commercial buyer. The book concentrates on four prominent legal regimes, namely the UK sales law, the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG), the American Uniform Commercial Code (UCC), and the UNIDROIT Principles of International Commercial Contracts 2016 (UPICC). It surveys the remedies available to commercial buyers in the event that a seller fails to fulfil the contractual obligations stipulated by an international sales transaction of manufactured goods. The remedies investigated are self-help remedies, including suspension of performance and termination; monetary remedies, including damages and price reduction; and performance remedies including specific performance and the right to cure. Providing access to, and analysis of, cases and arbitral decisions from all over the world, the book scrutinises the strengths and weaknesses of buyers' remedies through comparative and normative examination.

Warranties in Marine Insurance
Warranties in Marine Insurance

Author: Baris Soyer

Publisher: Psychology Press

Published: 2006

Total Pages: 360

ISBN-13: 9781859419434

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For centuries, warranties have played a significant role in the law of marine insurance and have recently sparked debate on a national and international level after calls for reform. This second edition includes a more involved analysis of law reform as well as a discussion of the recent proposals of the Australian Law Reform Commission. Soyer lucidly analyzes the legal remedy available when a marine insurance warranty is breached as well as setting out the current law on marine insurance warranties. This new edition also includes: a new section on the impact of the International Ship and Port Facility Security Code (ISPS Code) reference to numerous decisions recently handed down by the courts eg. HIH Casualty and General Insurance Ltd. v. New Hampshire Co. and Agapitos v. Agnew (No. 2) a more in-depth discussion of the position in other commonwealth jurisdictions, specially Australia and Canada.