Maritime Liabilities in a Global and Regional Context

Maritime Liabilities in a Global and Regional Context
Author: Barış Soyer
Publisher: Taylor & Francis
Total Pages: 445
Release: 2018-10-10
Genre: Law
ISBN: 135102812X

Maritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 13th International Colloquium at Swansea Law School in September 2017. Written by a combination of top academics and highly-experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding maritime liabilities. The book is set out in two parts: - Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities - Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.

Limitation of Liability for Maritime Claims

Limitation of Liability for Maritime Claims
Author: Xia Chen
Publisher: BRILL
Total Pages: 186
Release: 2021-11-29
Genre: Law
ISBN: 900448194X

Limitation of liability for maritime claims is an important system for the shipping industry. The original rationale for such a system was to encourage the shipping enterprise. However, in our today's much changed world, the system has been under severe attack and has been described as `hopelessly anachronistic'. Yet, the debate over repeal or retention of the system is far from settled. This book traces the history and development of limitation law around the world. It compares various limitation laws in operation under different legal regimes. In particular, it analytically scrutinizes the limitation systems under U.S. law, Chinese law and international conventions. It explores the possibility of international uniformity of maritime limitation law and points out that complete uniformity will not be achieved unless the United States joins the international community. It concludes that although there is a need for reform of the system, limitation of liability for maritime claims is here to stay. This book also thoroughly examines the limitation system under the Chinese legal regime through comparison with U.S. law and in the context of international conventions. Both practitioners and academic scholars will find this book helpful in understanding Chinese law in general and Chinese maritime limitation of liability in particular.

Maritime Organisation, Management and Liability

Maritime Organisation, Management and Liability
Author: Stephen Girvin
Publisher: Bloomsbury Publishing
Total Pages: 351
Release: 2021-05-20
Genre: Law
ISBN: 1509942920

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.

Codification of Maritime Law

Codification of Maritime Law
Author: Zuzanna Pepłowska-Dąbrowska
Publisher: Taylor & Francis
Total Pages: 345
Release: 2019-11-21
Genre: Law
ISBN: 1000737004

This book is the first of its kind to explore the problems inherent in the unification of maritime law. Featuring contributions from leading experts at European maritime law research centres, it considers international conventions, current maritime practice, standard forms and recently adopted or drafted national codifications of maritime law from the codification point of view. The book is divided into four parts which represent different views on the main topic. Part I gathers chapters dedicated to different aspects and methods of unification of maritime law on a global scale, as well as several specific issues of maritime law from the regulatory point of view. Part II of the book consists of those papers that centre around the issue of transport of goods. Part III is dedicated to codifications of carriage of passengers, cruise law and leisure navigation. Finally, Part IV addresses national codifications of maritime law. Codification of Maritime Law: Challenges, Possibilities and Experience seeks to provide common ground for future unification of maritime law, which makes the book useful both for private and public maritime lawyers and states’ maritime administrations worldwide.

Maritime Law in Motion

Maritime Law in Motion
Author: Proshanto K. Mukherjee
Publisher: Springer Nature
Total Pages: 796
Release: 2020-01-23
Genre: Law
ISBN: 3030317498

This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers’ affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.

Ship Operations

Ship Operations
Author: Baris Soyer
Publisher: Taylor & Francis
Total Pages: 246
Release: 2020-12-01
Genre: Law
ISBN: 1000175731

This book covers in one handy volume all the major topics associated with ship operations. Carefully, co-ordinated to ensure breadth, relevance and lack of overlap, the topics covered are addressed by authors are the very top of their profession, whether in legal practice or academia, and are presented in a manner which is topical and clear. Part I offers a detailed and critical analysis of issues of contemporary importance concerning new liability regimes and developments. Part 2 discusses how parties, in particular ship operators, attempt in contemporary practice to allocate their risks concerning ship operations. Part 3 evaluates the legal position of those involved in more ‘back office’ operations. The book provides an invaluable guide to recent legal and practical developments and offers a comprehensive, well-informed and thoroughly practical guide on what is a very complex and developing area of law. It will therefore be of great use to legal practitioners and administrators of ship operations worldwide, as well as students in this area and academics associated with maritime law generally.

Commercial and Maritime Law in China and Europe

Commercial and Maritime Law in China and Europe
Author: Shengnan Jia
Publisher: Taylor & Francis
Total Pages: 278
Release: 2022-12-26
Genre: Law
ISBN: 1000802493

Both China and Europe have a long tradition of commercial and maritime law; and this new book examining various topics from their particular perspectives is both timely and important. It links the vital component of maritime law with commercial law, financial law and trade policy. The book has performed a remarkable task in making connections between China and Europe through the lenses of substantive and procedrual laws, covering a wide range of areas, including commercial law, insurance law, salvage, EU maritime law and Brexit, carriage of goods by sea, arbitration, mediation, litigation, the recently formed China International Commercial Court, and different liability regimes, as well as a brief look forward into new initiatives and artificial intelligence in the digital age. In these challenging times, we all have much to learn from each other in seeking to find answers to what are often difficult problems. This book provides a welcome opportunity for anyone interested in commercial and maritime law to engage in that learning exercise and, looking ahead, thereby to help solve such problems as may arise in the future – in a practical and fair manner. It is therefore of great relevance to both the academic field and the legal practice field in China and Europe.

Liability Regimes in Contemporary Maritime Law

Liability Regimes in Contemporary Maritime Law
Author: Rhidian Thomas
Publisher: Taylor & Francis
Total Pages: 575
Release: 2020-12-23
Genre: Law
ISBN: 1000340562

This book addresses the topical and current issues in maritime law and brings them together into a coherent strand by the common perspective of liabilities for the professional reader. Liability Regimes in Contemporary Maritime Law appeals to both the industry and the legal profession and provides a degree of analysis and discussion, while also bringing together in a single volume the essential interest in a range of individual subject areas.

New Technologies, Artificial Intelligence and Shipping Law in the 21st Century

New Technologies, Artificial Intelligence and Shipping Law in the 21st Century
Author: Professor Barış Soyer
Publisher: Taylor & Francis
Total Pages: 229
Release: 2019-08-05
Genre: Law
ISBN: 0429639562

New Technologies, Artificial Intelligence and Shipping Law in the 21st Century consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 14th International Colloquium at Swansea Law School in September 2018. Written by a combination of top academics and highly experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding new technology and shipping. The book is set out in three parts: Part I offers a detailed and critical analysis of issues that are emerging, and those that are likely to emerge, from the use of advanced computer technology, particularly at the contracting process and in the context of issuing trading documents. Part 2 focusses on artificial intelligence and discusses the contemporary issues that will emerge once autonomous ships and similar crafts are put to use in the world’s oceans. As well as this, the legal impact of ports utilising artificial intelligence and computer technology will also be considered. Part 3 analyses how the increasing use of legal technology is changing insurance underwriting and shipping litigation. An invaluable guide to the recent technological advances in shipping, this book is vital reading for both professional and academic readers.

Freeports and Free Zones

Freeports and Free Zones
Author: Mark Rowbotham
Publisher: Taylor & Francis
Total Pages: 307
Release: 2022-02-23
Genre: Law
ISBN: 1000532151

This book explains the definition, concepts, practices and procedures of Free Zone operations; how they are created, how they operate, and their benefits to the global and national economy. Readers will be able to understand why Free Zones exist, their role in the development and maintenance of international trade, and how they contribute to national and global economic development and wellbeing, especially in developing nations. The author explains the processes in the establishment of Free Zones, and how government legislation and initiatives assist in this process. The book comprehensively but accessibly covers the topics of Freeports, Free Zones, Export Processing Zones (EPZs) and Special Economoic Zones (SEZs), as well as issues such as Customs requirements, Free Zone law and government initiatives, including the new UK Freeport initiative. It analyses the role of such Zones in global economic development and considers the challenges and issues related to Free Zone development and operation, including security and potential crime. The book also provides a series of case studies into selected global examples of Free Zones, EPZs and SEZs. Freeports and Free Zones will have a broad readership, being of interest to global economic, fiscal and government institutions, policymakers, legal practitioners and advisers, economic and business advisers, port and airport authorities and major multinational enterprises. It will be especially relevant to the food, automotive, defence, manufacturing, logistics, Fast Moving Consumer Goods (FMCG), pharmaceutical, aviation and maritime industries.