The World Of Maritime And Commercial Law
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Author | : Charles Mitchell |
Publisher | : Bloomsbury Publishing |
Total Pages | : 427 |
Release | : 2020-04-30 |
Genre | : Law |
ISBN | : 1509932410 |
This collection of 20 essays contains recent work by legal scholars, practitioners and judges, all internationally renowned for their expertise in the fields of maritime and commercial law. For maritime lawyers, the book contains absorbing and important studies of the law governing maritime collisions, carriage of goods by sea (examining the meaning of 'actual carriage' in the Hamburg Rules, and the complex web of rules that governs multimodal carriage), and marine insurance (discussing the history of the doctrine of utmost good faith, and jurisdiction clauses in cargo policies). In the area of private international law, there are chapters on the choice of law rules affecting the ownership of ships, and on recent cases where conflict of laws issues have been decided by the Privy Council. For generalist commercial lawyers, there is a wealth of scholarship on the Sale of Goods Act 1979, its provisions and scope, and on the rules of contractual interpretation, their history, content and application in commercial settings. In addition, there are chapters on negotiating damages for breach of contract, illegality, tracing misapplied funds, the application of private law rules to disputes about cryptocurrencies and developments in the law of directors' duties. Taken as a whole, the essays in this collection stand out for their breadth of scholarship, analytical power, depth of understanding, and penetrating insights even into the knottiest problems of maritime and commercial law. They are essential reading for every maritime and commercial lawyer and a fitting tribute to a scholar who has led the way in both fields for many decades.
Author | : Melis Özdel |
Publisher | : Bloomsbury Publishing |
Total Pages | : 227 |
Release | : 2020-04-02 |
Genre | : Law |
ISBN | : 1509901051 |
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.
Author | : Simon Baughen |
Publisher | : Routledge |
Total Pages | : 498 |
Release | : 2012 |
Genre | : Law |
ISBN | : 0415664810 |
'Shipping Law' covers the whole spectrum of English shipping law. It takes a structured and integrated approach to the highly specialised rules of shipping, which are placed in their commercial context and related to the general principles of English contract and tort law.
Author | : Yvonne Baatz |
Publisher | : CRC Press |
Total Pages | : 635 |
Release | : 2014-10-24 |
Genre | : Law |
ISBN | : 131761688X |
Now in its third edition, this authoritative guide covers all of the core aspects of maritime law in one distinct volume. Maritime Law is written by a team of leading academics and practitioners, each expert in their own field. Together, they provide clear, concise and fully up-to-date coverage of topics ranging from bills of lading to arrest of ships, all written in an accessible and engaging style. As English law is heavily relied on throughout the maritime world, this book is grounded in English law whilst continuing to analyse the key international conventions currently in force. Brand new coverage includes: Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) The coming into force of the 2006 Maritime Labour Convention and the Merchant Shipping Regulations 2014 The approval of the 2012 edition of the Norwegian Sale Form Regulation 100/2013 heavily amending Regulation 1406/2002 establishing the European Maritime Safety Agency Greater detail on piracy in the Public International Law chapter and discussion of the M/V Louisa, ARA Libertad and Arctic Sunrise cases in the International Tribunal for the Law of the Sea Expanded sections in the marine insurance chapter Analysis of recent cases including Golden Ocean Group Ltd v Salgaocar Mining Industries PVT Ltd; Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG and Griffon Shipping Ltd. v Firodi Shipping Ltd. This book is a comprehensive reference source for students, academics, and legal practitioners worldwide, especially those new to maritime law or a particular field therein.
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 | : Chuyang Liu |
Publisher | : Peter Lang |
Total Pages | : 342 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9783034300995 |
Since the beginnings of international law, the law of the sea has been of paramount importance for international trade. Yet this area of law and international trade regulations have developed as two distinct areas with little interface with each other. As the GATT/WTO emerged in parallel to the LOS Convention since the 1970s, both bodies have made extensive efforts in international treaty making. However, the relationship between trade regulations and the law of the sea has hardly been explored. The author examines some key aspects of this relationship, in particular port entry, access to cargo in coastal shipping (cabotage) and access to cargo in international shipping. The inclusion of services in WTO law will render this relationship of great importance in the future as the agreement extensively covers maritime transport. It is just a matter of time until the current exclusion of maritime transport under special exemptions will be reviewed in future negotiations. The book provides the background and a normative basis for approaching some of the problems which members of the WTO will have to address in coming years. It also deals briefly with the problem of choice of law and competing jurisdictions between trade law and maritime law.
Author | : Časlav Pejović |
Publisher | : Taylor & Francis |
Total Pages | : 357 |
Release | : 2020-03-05 |
Genre | : Law |
ISBN | : 0429589220 |
Bringing a fresh, comparative approach to transport documents used in the carriage of goods by sea, this book covers bills of lading, sea waybills, ship’s delivery orders, multimodal transport documents, and electronic transport documents. The book covers historic developments, current conventions, and thoughts for the future on these transport documents; and delves deeply into the legal issues concerning them. It represents a comprehensive compilation of case and statute law from around the world on this subject. In addition to English law, the book covers American, French, German, and Italian laws, as well as the laws of several East Asian jurisdictions (China, Japan, South Korea). Primarily, the book will be of use to maritime law scholars and students, and lawyers who deal with shipping. It may also be of interest to international traders, banks, and ship masters and officers.
Author | : Eva Litina |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 172 |
Release | : 2020-12-10 |
Genre | : Law |
ISBN | : 9403530316 |
Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.
Author | : Todd, Paul |
Publisher | : Edward Elgar Publishing |
Total Pages | : 202 |
Release | : 2021-08-27 |
Genre | : Law |
ISBN | : 1839107014 |
Written by leading scholar Paul Todd, this Advanced Introduction draws on the author’s decades of experience researching and teaching maritime law, offering a clear and concise introduction to the core areas of the field. In addition to providing a primer on the substance, it explains the worldwide applications of English law, and surveys the sources of law and how to locate them. It also highlights some of the difficulties in interpreting the law and pinpoints which individuals have been instrumental in doing so, and in making and developing the law.
Author | : |
Publisher | : BRILL |
Total Pages | : 417 |
Release | : 2018-03-06 |
Genre | : Law |
ISBN | : 9004363149 |
The contributions of Understanding the Sources of Early Modern and Modern Commercial Law: Courts, Statutes, Contracts, and Legal Scholarship show the wealth of sources which historians of commercial law use to approach their subject. Depending on the subject, historical research on mercantile law must be ready to open up to different approaches and sources in a truly imaginative and interdisciplinary way. This, more than many other branches of law, has always been largely non-state law. Normative, ‘official’, sources are important in commercial law as well, but other sources are often needed to complement them. The articles of the volume present an excellent assemblage of those sources. Anja Amend-Traut, Albrecht Cordes, Serge Dauchy, Dave De ruysscher, Olivier Descamps, Ricardo Galliano Court, Eberhard Isenmann, Mia Korpiola, Peter Oestmann, Heikki Pihlajamäki, Edouard Richard, Margrit Schulte Beerbühl, Guido Rossi, Bram Van Hofstraeten, Boudewijn Sirks, Alain Wijffels, and Justyna Wubs-Mrozewicz.