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Author: Marco Casagrande Publisher: Springer ISBN: 3319603965 Category : Law Languages : en Pages : 105
Book Description
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.
Author: Marco Casagrande Publisher: Springer ISBN: 3319603965 Category : Law Languages : en Pages : 105
Book Description
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.
Author: Daniel Patrick O'Connell Publisher: Oxford ; New York : Clarendon Press ISBN: Category : Language Arts & Disciplines Languages : en Pages : 604
Book Description
This title provides an overview of the international law of the sea.
Author: Felicity G. Attard Publisher: BRILL ISBN: 9004438254 Category : Law Languages : en Pages : 374
Book Description
This study examines the shipmaster’s duty to render assistance at sea under international law. This duty is assessed in the light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. The approach undertaken gives special emphasis to the shipmaster’s responsibilities in rescue operations, and his role in the fulfilment of States’ international obligations in the rendering of assistance.
Author: E. van Hooydonk Publisher: Maklu ISBN: 9046603903 Category : Law Languages : en Pages : 66
Book Description
PORTIUS is the world's first institution to specialize in the study of international and EU law on maritime and inland ports. This book is the inaugural lecture by PORTIUS chairman Eric van Hooydonk, illustrating the rich tradition and highly dynamic nature of port law and arguing that it is integral to maritime law. The lecture also highlights numerous deviations from the general law and the preference of ports not to be subject to legal regulation.
Author: Keyuan Zou Publisher: BRILL ISBN: 9004422056 Category : Law Languages : en Pages : 238
Book Description
The Belt and Road Initiative and the Law of the Sea offers insightful discussions on the use of oceans in the context of the Belt and Road Initiative covering navigational safety, marine energy and sea ports, maritime law enforcement and access of landlocked states to the sea.
Author: Bevan Marten Publisher: Springer Science & Business Media ISBN: 3319003518 Category : Law Languages : en Pages : 282
Book Description
This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states’ attempts to regulate aspects of a vessel’s structure or equipment, or even certain activities that may take place before a vessel’s arrival in port. The author argues that examples of unilateral measures being imposed by way of port state jurisdiction are growing, and that without active protests from flag states this concept will continue to expand in scope. As international law currently presents very few restrictions on the actions of ambitious port states, such developments may have a significant impact on the future of international maritime regulation.
Author: Henrik Ringbom Publisher: BRILL ISBN: 9004303502 Category : Law Languages : en Pages : 466
Book Description
Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. The Convention’s rules on the rights and obligations of flag states, coastal states and port states, have by and large been accepted and adhered to by states, but the legal regime for the oceans is neither complete nor static, nor was it intended to be so. New issues have surfaced while old issues have changed their character. Developments in law and practice have already resulted in some divergences between the jurisdictional scheme outlined in UNCLOS and how states in reality exercise their jurisdiction over ships. In this book, 18 leading academics in the field study a number of such developments in more detail, providing a practical guide to the state of the law at present while at the same time offering insights into how international law develops in this field.
Author: Yoshifumi Tanaka Publisher: Cambridge University Press ISBN: 1107009995 Category : Law Languages : en Pages : 505
Book Description
This textbook on the law of the sea sets the subject in the context of public international law. It comprehensively covers the principal topics of the course, from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment and marine living resources.
Author: Marco Casagrande
Author: Marco Casagrande
Author: Constantine John Colombos
Author: Daniel Patrick O'Connell
Author: Felicity G. Attard
Author: E. van Hooydonk
Author: Keyuan Zou
Author: Bevan Marten
Author: Henrik Ringbom
Author: 
Author: Yoshifumi Tanaka