Shipping Law

Excellent book providing most important information on maritime law: The conflict of laws - Introduction - Arbitration - Court jurisdiction - Governing law; Shipping documents and int' trade - Int'l commercial sales on shipment terms - The passing of risk and property in the goods - Performance of the contract - Rejection; Shipbuilding, sale, finance and registration - Shipbuilding and its contractual framework, The sale of second hand tonnage - Ship registration - Basic ship finance and mortgages registration; Charterparties - Shipbrokers - The Hague, Hague-Visby and Hamburg rules - Seaworthiness - Remedies for owner;s breach - Reasonable dispatch - Deviation - Safe ports - Frustration - Timing at the beginning of the charterparty - Time charterparties - Voyage charterparties - Liens; Cargo claims & bills of lading - The claimant's title to Sue - The identity of the carrier - Do the Hague-Visby rules apply? - Proving the claimant's loss - Proving the carrier's breach - Excluding or limiting the carrier's liabilityThe claimant's potential liability towards the carrier; The liabilities of the vessel - Collisions - Salvage - General average - Towage - Wreck removal; Ports and harbours - Pilotage - Limitation of liability; Carriage of passengers - The 1974 Athens convention - The 2002 protocol - The Athens regulation - The commercial rality - Qualtum of damages for death and injury; Public int'l law aspects of shipping regulation; Safety and compliance; Marine insurance; Marine pollution from shipping activities; Procedures for enforcement; The application of the EU Competition Rules to the marine sector.

The previous edition of the book was released quite a long time ago, in 2000, and snce then there have been substantial national and Europeanl developments. The significant EU extension has eventually resulted in the increase in scope of European law.

With particular relevance to the present work this extension has been accompanied by bringing the jurisdiction and judgments regime of the Brussels Convention into that law through Reg. 44/2001. However, it shall be noted that subject Convention and the Lugano Convention remain in force—the first as regards Member States and Denmark and the second as it was prior to the Regulation.

The advent of the Reg. means an additional question of which Euro regime applies, and has raised important issues of the Member States' power to become parties to the multilateral maritime treaties. In English law, taken apart from the European matters, the principal relevant developments have been the full inclusion in the Civil Procedure Rules of Admiralty and Arbitration proceedings, the continuing construction of the Rules compared to the earlier Supreme Court Rules and on a particular jurisdictional issue, the approach applied to the anti-suit injunction. Charterparties and bills of lading. The pattern of the book remains as in previous releases.

There are five parts. Parts I and II encompass the extent to which a connection is required between England and a dispute for an English court to hear and determine the dispute, the characteristics of the actions in personam and in rem as methods of enforcing a claim, grounds for and restrictions on powers of the English courts to hear and determine the disputes—including the relationship between English and European law, time restrictions on the bringing and pursuit of a claim, the availability and nature of arbitration considered an alternative to litigation. Part III is a discussion of interim relief and the extent to which, if at all, a claimant can ensure that the defendant's assets are available to satisfy a judgment. Part IV is concerned with the security interests in assets—particularly those created or enforceable by an action in rem.

There is a duly detailed professional examination of the concept of a lien, together with the connections existing there between a lien and the action in rem, and the characteristics of various types of lien and priorities between them. One of the chapters in this part of the volume has been devoted to the complex questions of the creation of liens by contract, particularly in charter-parties plus bills of lading.

The content of this publication is bringing together the leading maritime and coastal law cases in America, capturing the development of the law throughout the history; the author has also included several contemporary cases considered important enough to interest the students and practitioners.

The volume "moves" to the high seas - it opens with the basics pg the coastal law and finishes with the latest disasters eventually resulted in huge pollution to the marine environment. The author has emphasized the judicial doctrine and has managed to do that using the minimal regulatory and statutory materials.

Note that it is not aimed at the law students and professional lawyers alone; it will also be useful to the students of the ocean and coastal management. According to the numerous professional reviews of this book, it shall be treated as a legal case-book in the true sense.

The title shall be recommended for intensive use by the people having relation to the marine/coastal law since they will all benefit from this brilliant collection of relevant cases and materials compiled by the author.

The author of the volume is providing the examination of the counterproliferation activities of the nations that commonly participate in the PSI, i.e. Proliferation Security Initiative, explaining the relevant framework for the interception activities. He has also examined the significance of the intelligence to those operations, together with the assessment of the legal issues that are raised by the operations.

In addition to that, he provided a comprehensive overview of all threats normally posed by the WMD proliferation. According to the reviews done by the experts in the field, the strength of this publication would include the highly readable yet concise introduction to the subject and valuable brief notes provided by the author and related to the evolution of the PSI and responses to it together with the operational reality with regard to the intelligence in relevant operations.

The book will be interesting to the practicing maritime lawyers or anyone else dealing with the maritime security matters; it also surveys the most effective measures adopted by the states to supplement the nonproliferation regime. The author's contribution has been greatly appreciated and found very important and accessible.

This is the very first detailed publication devoted wholly to the English law in connection with the yacht ownership and their operation. Note that it was not the intention of the authors to concentrate on the leisure yacht. The idea was to provide the builders of the yachts as well as the researchers in the field and all other parties involved, with the important legal matters relating to the sailing and motor yacht building and operation.

In the past the subject facilities could only be owned by the rich people; however, the past years showed quite a rapid growth in the subject market and serious investments made in the design of the yachts and associated technical researches. This all has eventually resulted in a very complicated legal framework which is quite difficult to understand.

However, it is quite clear that the appropriate understanding shall be possessed by anyone engaged in the field and this is what the present book will help you with. The numerous standard contract forms have been covered and explained in detail. The book opens with the information about the yacht building contracts and their registration, VAT applicability, legislation, accidents at sea, and many other important areas.

As we all know, the distribution of the oil resources of our planet is quite uneven and that is the reason why the most of the subject hydrocarbon has to be transported by the ships. In fact, the maritime transportation of oil across the oceans is mainly a sort of one-way trade involving the supply and consuming states. Among the major established routes for the oil carriage there are Middle East/Southern Asia to America, China and Japan, and Western Europe.

And, actually, these are the routes on which the incidents involving the marine pollution by oil occur. The oil has been treated as the main energy source for the mankind starting from the times of the World War Two. The number of oil movements has drastically increased and nowadays the huge number of oil tankers is delivered on the regular basis in order to satisfy the demand for the oil transportation.

It is of no surprise that the problem of oil pollution has also increased and is considered one of the most serious problems in the field of marine pollution today, because the oil is one of the worst pollutants. It results in the very negative consequences – not only environmental but also economic and social. A single oil spill can eventually result in so many problems not limited to the ecology.

The main content of the present volume is prepared on the basis of the documents presented during the Eleventh International Colloquium of the Institute of International Shipping & Trade Law. The book was written by the team of recognized specialists contributing their knowledge and experience with the ultimate intention to give readers a perfect and professional insight into the most important issues in the field of the internationally made contracts for sale and transportation.

There are three parts in this volume with the first one offering readers a detailed and thorough discussion on the most critical issues and unanswered questions related to the international trade and associated contracts. The second part is devoted to the legal aspects normally arising in relation with the security of the cargoes, letters of credit and other papers involved. Finally, the third part provides an up to date analysis of the matters relating to the cargo insurance.

The volume features a truly remarkable and impressively broad coverage of the topics and shall be a vital reading and reference source for both students and industry professionals, who will find the information contained herein, beneficial for their study and work.

Written by the team of the world class maritime lawyers, this fourth edition of the title takes into account all latest developments in the field of the maritime law. The opening chapter of the publication is dealing with the conflict of laws including the arbitration, court arbitration, and governing law.

The shipbuilding and ship sale contracts and the associated obligations, registration of the ships, and essentials of the ship finance are covered in the second chapter while the third one deals with the international maritime trade and the relevant shipping paperwork; here, the basic terms, contract performance and other important aspects are covered.

Both time and voyage charterparties are discussed in the fourth chapter, while the fifth one is dealing with the bills of lading and cargo clams, covering such items as the carrier’s identity, proving the loss, potential liability of the claimant’s and others.

The topics covered in the rest of the volume include but are not limited to the carriage of passengers, liabilities of the ship, wreck removal, pilotage, salvage, limitation of liability etc. The tables of legislation and all relevant conventions and rules are provided at the end of the book.