Maritime Law Evolving
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Author | : Malcolm Clarke |
Publisher | : A&C Black |
Total Pages | : 490 |
Release | : 2014-07-18 |
Genre | : Law |
ISBN | : 1782250417 |
To mark the 30th anniversary of the Institute of Maritime Law at Southampton University, current and former maritime law researchers came together to discuss the evolution of this fascinating area of law in the last 30 years and to stimulate discussion on its possible future. Their papers, edited by Professor Malcolm Clarke under the title Maritime Law Evolving, provide a series of thought-provoking essays on the most controversial and topical issues which have occupied maritime law researchers in the last three decades and which will continue to be at the heart of this ever-evolving discipline in the foreseeable future. The resulting work cuts across disciplines, spanning developments in areas as diverse as the management of the oceans and the evolution of the carriage and insurance sides of shipping law, including the ever- increasing influence of the European legislator in matters of conflict of laws and enforcement.
Author | : Edgar Gold |
Publisher | : Lexington, Mass. ; Toronto : Lexington Books |
Total Pages | : 456 |
Release | : 1981 |
Genre | : Business & Economics |
ISBN | : |
Author | : Gabriela A. Frei |
Publisher | : Oxford University Press |
Total Pages | : 301 |
Release | : 2020-04-16 |
Genre | : History |
ISBN | : 0192603817 |
Gabriela A. Frei addresses the interaction between international maritime law and maritime strategy in a historical context, arguing that both international law and maritime strategy are based on long-term state interests. Great Britain as the predominant sea power in the nineteenth and early twentieth centuries shaped the relationship between international law and maritime strategy like no other power. This study explores how Great Britain used international maritime law as an instrument of foreign policy to protect its strategic and economic interests, and how maritime strategic thought evolved in parallel to the development of international legal norms. Frei offers an analysis of British state practice as well as an examination of the efforts of the international community to codify international maritime law in the late nineteenth and early twentieth centuries. Great Britain as the predominant sea power as well as the world's largest carrier of goods had to balance its interests as both a belligerent and a neutral power. With the growing importance of international law in international politics, the volume examines the role of international lawyers, strategists, and government officials who shaped state practice. Great Britain's neutrality for most of the period between 1856 and 1914 influenced its state practice and its perceptions of a future maritime conflict. Yet, the codification of international maritime law at the Hague and London conferences at the beginning of the twentieth century demanded a reassessment of Great Britain's legal position.
Author | : John J. Pitney |
Publisher | : Lexington Books |
Total Pages | : 289 |
Release | : 2013-12-12 |
Genre | : Social Science |
ISBN | : 0739173332 |
The twenty-first century has seen a sharp rise in privatization of the military, especially of logistics and security functions during the U.S.-led wars in Iraq and Afghanistan. The outbreak of Somali piracy that started in 2008 has prompted a similar revolution in maritime security. Private security companies began operating armed escort vessels to protect merchant shipping against pirates off the Horn of Africa. Private Anti-Piracy Navies is intended to provide a contextualized understanding of the historical origins, current state, and future prospects of this fast-changing sector. Centuries ago, the British East India Company used a private navy against piracy in the same waters with much success. Yet since then, international law has evolved to more tightly regulate the use of force by civilians, and to afford greater protections to suspected pirates. Thus, the development of what are in effect private warships has presented numerous legal and regulatory problems. How can the companies that operate these vessels be effectively licensed? Under what circumstances should they be allowed to use lethal force? This book explains how regulators in industry and government have attempted to answer such questions, and highlights the remaining areas of uncertainty. It also addresses the economic factors that drive the struggle between pirates and anti-piracy forces. Of equal concern are operational considerations such as defensive tactics, logistics, and rules of engagement. Security companies must carefully balance rights concerns against the need to defend ships effectively. Partly due to the contribution of private security, piracy in the Indian Ocean has dropped significantly over the past two years, leading to widespread overconfidence. Governments under severe budget pressure may withdraw their naval task forces from the region prematurely, leading to a resurgence of Somali piracy. At the same time, pirates are wreaking havoc in the Gulf of Guinea off West Africa. The book concludes with an assessment of private naval forces’ prospects in these conflicts over the short term, as well as the implications for wider naval privatization in the long run.
Author | : Lawrence Juda |
Publisher | : Psychology Press |
Total Pages | : 345 |
Release | : 1996 |
Genre | : Science |
ISBN | : 0415112710 |
Examining the international and contemporary issues in ocean use management, this book places current problems such as marine pollution, overfishing, and oil drilling in their proper historical context. Not since the publication of Hugo Grotius' The Freedom of the Seas in 1609 has the area of ocean law been explored so in-depth, while recent technological advances and population increases mean that the oceans are no longer so vast that individuals or nations can exploit them without consideration of their future uses. Overfishing, migrating fish stocks and fish wars, oil drilling, deep sea mining, and marine pollution, and other individual use issues are dealt with thoroughly. Throughout the book author Lawrence Juda promotes the necessity for international cooperation in optimizing ocean management. With emphasis placed on the United Nations Conference on the Law of the Sea and the resulting agreements, this book presents a uniquely broad view of ocean use crucial to law and policy makers, diplomats, and scholars.
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.
Author | : Trent Hone |
Publisher | : Naval Institute Press |
Total Pages | : 350 |
Release | : 2018-06-15 |
Genre | : History |
ISBN | : 1682472949 |
Learning War examines the U.S. Navy’s doctrinal development from 1898–1945 and explains why the Navy in that era was so successful as an organization at fostering innovation. A revolutionary study of one of history’s greatest success stories, this book draws profoundly important conclusions that give new insight, not only into how the Navy succeeded in becoming the best naval force in the world, but also into how modern organizations can exploit today’s rapid technological and social changes in their pursuit of success. Trent Hone argues that the Navy created a sophisticated learning system in the early years of the twentieth century that led to repeated innovations in the development of surface warfare tactics and doctrine. The conditions that allowed these innovations to emerge are analyzed through a consideration of the Navy as a complex adaptive system. Learning War is the first major work to apply this complex learning approach to military history. This approach permits a richer understanding of the mechanisms that enable human organizations to evolve, innovate, and learn, and it offers new insights into the history of the United States Navy.
Author | : Lawrence P. Hildebrand |
Publisher | : Springer |
Total Pages | : 474 |
Release | : 2018-08-11 |
Genre | : Law |
ISBN | : 3319784250 |
This volume brings together multiple perspectives on both the changing Arctic environment and the challenges and opportunities it presents for the shipping sector. It argues for the adoption of a forward-looking agenda that respects the fragile and changing Arctic frontier. With the accelerated interest in and potential for new maritime trade routes, commercial transportation and natural resource development, the pressures on the changing Arctic marine environment will only increase. The International Maritime Organization Polar Code is an important step toward Arctic stewardship. This new volume serves as an important guide to this rapidly developing agenda. Addressing a range of aspects, it offers a valuable resource for academics, practitioners, environmentalists and affected authorities in the shipping industry alike.
Author | : Donald Rothwell |
Publisher | : Oxford University Press, USA |
Total Pages | : 1073 |
Release | : 2015 |
Genre | : Law |
ISBN | : 019871548X |
Recent maritime disputes, environmental disasters, and piracy have raised the profile of the law of the sea. This Oxford Handbook brings together high-level analysis of all of its key aspects, examining the role of particular regions in the development of the law of the sea, management of the oceans' resources, and critical contemporary debates.
Author | : Marco Casagrande |
Publisher | : Springer |
Total Pages | : 105 |
Release | : 2017-07-11 |
Genre | : Law |
ISBN | : 3319603965 |
This is the first book to offer a comprehensive overview of modern seaports from a legal perspective. Further, it provides a basic toolkit for establishing a legal doctrine of seaports, the instruments of said toolkit being the very few legal norms specifically targeting seaports, which are examined as such rather than through the lens of other, more established disciplines, such as the law of the sea or transportation law. It is a first, necessary step toward giving seaports the status they rightfully deserve in legal studies. Despite centuries of international law studies and decades of EU law evolution, seaports have remained stuck in limbo. From a law of the sea perspective, seaports belong to the land, an approach that is often clearly reflected in national maritime legislation. The other branches of international law do not focus on seaports, since they are considered to belong to the sea. The port communities, for their part, have availed themselves of the “port specificity” concept. In recent decades, containerization has transformed ports into key hubs of the globalized economy, but also into vital checkpoints of the War on Terror, due to the security risks posed by the millions of sealed containers circulating worldwide. Moreover, tragic maritime incidents have shown that seaports are the only reliable sentinels of the seas, being the only places where the systematic inspection of ships is feasible. This has led to the adoption of specific international and EU rules. Those rules, however, remain fragmented, highly specialized and technical; as such, they are unsuitable for creating an organic legal seaport regime: this objective can only be achieved with a significant contribution from legal doctrine.