University of San Francisco Maritime Law Journal
Author:
Publisher:
Published: 2005
Total Pages: 382
ISBN-13:
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Jurisdiction and Arbitration Clauses in Maritime Transport Documents
Author: Felix Sparka
Publisher: Springer Science & Business Media
Published: 2010-01-11
Total Pages: 294
ISBN-13: 3642102220
DOWNLOAD EBOOKJurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.
Marine Affairs Bibliography
Author: Christian L. Wiktor
Publisher: BRILL
Published: 1987
Total Pages: 714
ISBN-13: 9789024735709
DOWNLOAD EBOOKThird-Party Certifiers
Author: Jan De Bruyne
Publisher: Kluwer Law International B.V.
Published: 2019-07-12
Total Pages: 667
ISBN-13: 9403510927
DOWNLOAD EBOOKThird-Party Certifiers Jan De Bruyne Third-party certifiers are organisations that are independent a requesting entity. They attest that a product, service, information or person possesses certain qualifications or meets safety, quality or technical standards. This important book presents an in-depth analysis of the liability and obligations of certifiers, evaluates existing certification processes in selected fields and proposes new mechanisms which could increase the accuracy and reliability of certifiers’ ratings, marks or reports. Highlighting the risks of errors in this activity – inaccurate certification was a major factor in the global financial crisis of 2008 – the author takes a comparative approach, looking at the certification process in several European countries, Australia and the United States. Such aspects of the process as the following are thoroughly described: obligations and liability of certifiers during the certification process; risk of ‘information asymmetry’ between the requesting entity and the end user; and relationship between the civil liability of certifiers and public law aspects. The analysis includes detailed research on key industries and jurisdictions and a specific proposed framework for more accurate and reliable certification. Because the efficient and effective functioning of third-party certifiers is extremely important in today’s world – especially in such areas as health, the environment, safety or economic values – this deeply researched contribution to an important area of commercial law, combining analysis of current issues with proposed reforms, will be welcomed by practitioners when confronted with legal issues with regard to the certification process. The book’s conceptual framework will also prove highly useful for policymakers charged with developing reliable certification mechanisms.
Maritime Cross-Border Insolvency
Author: Erik Göretzlehner
Publisher: Springer
Published: 2019-04-03
Total Pages: 166
ISBN-13: 3030117936
DOWNLOAD EBOOKThis book provides an analysis and comparison of international insolvency rules, maritime laws and their inevitable intersection in maritime cross-border insolvencies. Until today, the on-going shipping crisis resulted in the insolvency of numerous shipping companies all over the world. The tensions arising between the legal systems of maritime and insolvency law, paired with conflicts of law in maritime insolvencies, are a major source of legal uncertainty and risk. In 2010, the Comité Maritime International installed an international working group on international maritime insolvencies and until today it is work in progress. This book gives an overview on maritime insolvencies, with a focus on Germany, England & Wales and the USA, and assesses the chances of achieving meaningful harmonization in the complex scenarios, where ships as mobile assets add a further complication to international insolvency proceedings.
Environmental Damage in International and Comparative Law
Author: Michael Bowman
Publisher: Oxford University Press, USA
Published: 2002
Total Pages: 390
ISBN-13: 9780199255733
DOWNLOAD EBOOKThis study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics presently on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, the development of an environmental liability protocol to the Antarctic Treaty and other agreements on bio-safety and genetically modified organisms. It is thus an important element in contemporary efforts to strengthen legal remedies for environmental harm which does not necessarily come within traditional categories of legally protected personal or property rights.
Places of Refuge for Ships in Distress
Author: Anthony Morrison
Publisher: Martinus Nijhoff Publishers
Published: 2012-06-08
Total Pages: 429
ISBN-13: 9004218890
DOWNLOAD EBOOKBy examining the problem of places of refuge for ships in distress and proposed solutions under international, national and regional law, Places of Refuge for Ships in Distress by Anthony Morrison highlights the need for further solutions and presents alternative solutions.
Modern Piracy
Author: David F. Marley
Publisher: Bloomsbury Publishing USA
Published: 2010-11-02
Total Pages: 264
ISBN-13:
DOWNLOAD EBOOKThis reference text explains what modern piracy is, where and why it happens, and what measures are being taken to combat it. While piracy today typically occurs in specific areas—such as Somalia and Southeast Asia—a single pirate attack can involve and affect many different countries. For example, a supertanker traveling in the South China Sea might be owned by a Saudi Arabian oil company, built in South Korea, registered in Liberia, captained by an Italian, and crewed by Filipinos. And, as reports of attacks on commercial vessels and cruise liners become more common, the topic of modern piracy receives ever-increasing international scrutiny. This chapter-based reference handbook examines modern piracy from the mid-1970s to today. The subject is addressed from a global perspective, covering both the causes and consequences of present-day piracy and evaluating its impact on a number of related issues, including international law, commercial shipping, and terrorism.
Maritime Work Law Fundamentals: Responsible Shipowners, Reliable Seafarers
Author: Iliana Christodoulou-Varotsi
Publisher: Springer Science & Business Media
Published: 2007-10-18
Total Pages: 834
ISBN-13: 3540727507
DOWNLOAD EBOOKThe importance of international maritime labour law - both as a component of - ternational maritime law, and in socio-political and economic terms - has been recognised by the IMO International Maritime Law Institute for a number of years. Indeed, the Institute has annually organised a course on maritime labour law with the participation of inter alia the International Maritime Organization, the - ternational Labour Organization, the International Transport Workers’ Federation, and the German Shipowners’ Association. It was therefore a great pleasure when the authors invited me to introduce their forthcoming monograph on Maritime Work Law Fundamentals: Responsible S- powners Reliable Seafarers. As the title suggests, a fundamental challenge of this branch of international maritime law is to achieve a balance between the interests of the two main stakeholders. Institutionally, the effort to achieve this balance dates back a number of decades with its genesis mainly found in the work of the International Labour Organization. It has to be said that whilst this effort achieved great progress, it has led to a haphazard, plethora of legal instruments.
Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime
Author: Jingchen Xu
Publisher: Bloomsbury Publishing
Published: 2020-12-10
Total Pages: 269
ISBN-13: 1509936009
DOWNLOAD EBOOKThis 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.
