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Author: Aleka Mandaraka-Sheppard Publisher: Cavendish Publishing ISBN: 1843141965 Category : Law Languages : en Pages : 1108
Book Description
Lucidly explaining the legal principles of Admiralty Law in a modern context, this new edition has been fully revised and updated to include recent case law and legislation, including extensive treatment of developments within the EC. Examining the law within a commercial perspective with suggestions for how legal risks should be managed, this is the ideal text for postgraduates studying admiralty or shipping law as well as professionals within the shipping industry. The intricate rules of the Brussels/Lugano Conventions are explained alongside conflict of jurisdictions, and the application of the forum non-conveniens, doctrine and forum shopping. Breach of jurisdiction agreements and remedies are also discussed and the vexed issues of anti-suit injunctions are dealt with comprehensively. Modern Admiralty Law analyses the corporate structures of ship owning companies and the circumstances in which the corporate veil may be pierced; suggestions for legitimate corporate structures for the purpose of risk management are also put forward. The consequences of non-compliance with the ISM Code are considered (such as potential criminal liability, the effect of non-compliance upon insurance contracts and limitation of liability), alongside an update of further measures being taken by the EC and the IMO on safety of ships and cleaner seas. An ideal reference tool, the new edition of this popular and comprehensive text includes summaries of the principles and case law and encourages further investigation. The practical and commercial orientation of this book will be of great benefit to readers studying the subject as an academic discipline as well as those who work in the area. From admiralty jurisdiction to limitation of liability, all aspects of admiralty law are thoroughly investigated, with recent developments providing new insights for this modern approach to admiralty law. This new edition is essential reading for postgraduates, practitioners, ship owners and managers, and a wide range of professionals within the shipping industry.
Author: Aleka Mandaraka-Sheppard Publisher: Cavendish Publishing ISBN: 1843141965 Category : Law Languages : en Pages : 1108
Book Description
Lucidly explaining the legal principles of Admiralty Law in a modern context, this new edition has been fully revised and updated to include recent case law and legislation, including extensive treatment of developments within the EC. Examining the law within a commercial perspective with suggestions for how legal risks should be managed, this is the ideal text for postgraduates studying admiralty or shipping law as well as professionals within the shipping industry. The intricate rules of the Brussels/Lugano Conventions are explained alongside conflict of jurisdictions, and the application of the forum non-conveniens, doctrine and forum shopping. Breach of jurisdiction agreements and remedies are also discussed and the vexed issues of anti-suit injunctions are dealt with comprehensively. Modern Admiralty Law analyses the corporate structures of ship owning companies and the circumstances in which the corporate veil may be pierced; suggestions for legitimate corporate structures for the purpose of risk management are also put forward. The consequences of non-compliance with the ISM Code are considered (such as potential criminal liability, the effect of non-compliance upon insurance contracts and limitation of liability), alongside an update of further measures being taken by the EC and the IMO on safety of ships and cleaner seas. An ideal reference tool, the new edition of this popular and comprehensive text includes summaries of the principles and case law and encourages further investigation. The practical and commercial orientation of this book will be of great benefit to readers studying the subject as an academic discipline as well as those who work in the area. From admiralty jurisdiction to limitation of liability, all aspects of admiralty law are thoroughly investigated, with recent developments providing new insights for this modern approach to admiralty law. This new edition is essential reading for postgraduates, practitioners, ship owners and managers, and a wide range of professionals within the shipping industry.
Author: Aleka Mandaraka-Sheppard Publisher: CRC Press ISBN: 131795081X Category : Law Languages : en Pages : 1418
Book Description
This unique title examines in depth issues of jurisdiction, maritime law and practice from a modern perspective and highlights the importance of risk management with a view to avoiding pitfalls in litigation or arbitration and minimising exposure to liabilities. The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities. The second volume tackles the substantive maritime law with a particular emphasis on risk and liabilities, and analyses issues of contract, tort and criminal law, causation and remoteness of damages. Key features of Volume Two include: An analysis of the regulatory regime, new EU and IMO safety at sea legislation, reforming practices for flag states and recognised organisations, vetting, codes of good practice, and International Conventions. An explanation of the Rules of attribution of liability, the impact of the ISM Code upon liabilities, including criminal, corporate manslaughter, and the new Directive for ship-source pollution. Important developments in areas including: Ship-managing risks, best endeavours and fiduciary duties Mortgagees risks and economic torts New BIMCO standard terms of contracts Ship-sale risks – including sale ‘as is’ and ‘as she was’ Shipbuilding risks – guarantees and performance bonds New trends on wrongful acts of employees, collisions and measure of damages, salvage issues, environmental salvage, and towage contracts Piracy risks cases and general average New perspectives on risks and liabilities of port authorities Pollution liabilities, including trends of prosecution of class societies and charterers and new limits of liability under International Conventions Purchase Volumes 1 and 2 of the Modern Maritime Law together for a reduced price at http://www.routledge.com/books/details/9780415843201/
Author: Aleka Mandaraka-Sheppard Publisher: CRC Press ISBN: 1134588097 Category : Law Languages : en Pages : 425
Book Description
This unique title examines in depth issues of jurisdiction, maritime law and practice from a modern perspective and highlights the importance of risk management with a view to avoiding pitfalls in litigation or arbitration and minimising exposure to liabilities. The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities. The book continues to provide succinct analysis of the key principles and precedents of maritime law, a detailed account of important decisions, and incorporates developments in regulation, Codes of good practice and international Conventions. The first volume tackles a wealth of complex jurisdictional aspects, ranging from the enforcement of maritime claims to a detailed analysis of the conditions of arrest of ships, including reconsideration of wrongful arrest, beneficial ownership, forum non-convenience and limitations upon the jurisdiction of the English courts. Key features of Volume One: Expert analysis of the very latest case law, including noteworthy cases in international jurisdictions Highlights important recent changes and developments in: piercing the corporate veil – State immunity conflict of laws and jurisdictions stay of proceedings for breach of jurisdiction or arbitration agreements issues arising from tiered dispute resolution clauses anti-suit injunctions Timely examination of the EU jurisdiction scheme and the Review of the Brussels I Regulation New Chapter on Freezing Injunctions as compared with the US Rule B Attachment This book serves as an invaluable reference for lawyers, academics, and a host of shipping and risk management professionals worldwide. Purchase Volumes 1 and 2 of the Modern Maritime Law together for a reduced price at http://www.routledge.com/books/details/9780415843201/
Author: Aleka Mandaraka-Sheppard Publisher: CRC Press ISBN: 1317740807 Category : Law Languages : en Pages : 890
Book Description
Modern Maritime Law and Risk Management provides comprehensive coverage of contemporary international admiralty and maritime law in an easily accessible style. It brings together substantive law, jurisdictional issues and international aspects of maritime liabilities and compensation with a practical discussion of modern risk management. The book is an essential guide for marine lawyers worldwide, students, shipowners, ship managers, salvors, shipbrokers, mortgagees, P&I Clubs, shipbuilders, port authorities, classification societies, regulators and other shipping and risk management professionals. With a wealth of information covered, the book is helpfully divided into four parts – Admiralty Jurisdiction and Procedure; Substantive Law; International Conventions; and Safety at Sea.
Author: John A. C. Cartner Publisher: Routledge ISBN: 113665397X Category : Law Languages : en Pages : 874
Book Description
A comprehensive review of the laws and regulations governing the shipmaster including customary law, case law, statutory law, treaty law and regulatory law, covering: • A brief history of the shipmaster • Manning and crewing requirements in relation to vessel registration • Comparison of regimes of law of agency for shipmasters and crews across jurisdictions • Examination of shipmaster liability (civil and criminal)
Author: Stephen Fietta Publisher: Oxford University Press ISBN: 0199657475 Category : Law Languages : en Pages : 720
Book Description
This book provides a user-friendly and practical guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides a comprehensive overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea, which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf Cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. The book provides forty clear technical illustrations to carefully demonstrate the key issues at stake in this complex area of law. Technological developments in the exploitation of maritime natural resources (including oil and gas) have provided a significant impetus for recent boundary disputes, as they have made the resources found in remote areas of the ocean and seabed more accessible. However, these resources cannot effectively be exploited at the moment, as hundreds of maritime boundaries worldwide remain undelimited. The book therefore complements the legal considerations raised with substantial technical input. It also identifies key issues in maritime delimitation which have yet to be resolved, and sets out the possible future direction the law may take in resolving them. It will be an unique and valuable resource for lawyers involved in cases involving maritime delimitation, and scholars and students of the law of the sea.
Author: Valentina Vadi Publisher: BRILL ISBN: 9004426035 Category : Law Languages : en Pages : 592
Book Description
This treatise investigates the emergence of the early modern law of nations, focusing on Alberico Gentili’s contribution to the same. A religious refugee and Regius Professor at the University of Oxford, Alberico Gentili (1552–1608) lived in difficult times of religious wars and political persecution. He discussed issues that were topical in his lifetime and remain so today, including the clash of civilizations, the conduct of war, and the maintenance of peace. His idealism and political pragmatism constitute the principal reasons for the continued interest in his work. Gentili’s work is important for historical record, but also for better analysing and critically assessing the origins of international law and its current developments, as well as for elaborating its future trajectories.
Author: Aleka Mandaraka-Sheppard
Author: Aleka Mandaraka-Sheppard
Author: Aleka Mandaraka-Sheppard
Author: Aleka Mandaraka-Sheppard
Author: Aleka Mandaraka-Sheppard
Author: John A. C. Cartner
Author: 
Author: Stephen Fietta
Author: Valentina Vadi
Author: Herbert R. Baer
Author: Australia. Law Reform Commission