The Regulation of International Shipping: International and Comparative Perspectives

The Regulation of International Shipping: International and Comparative Perspectives
Author: Aldo Chircop
Publisher: Martinus Nijhoff Publishers
Total Pages: 602
Release: 2012-06-22
Genre: Law
ISBN: 9004202439

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In this work, the contributors examine the public law and policy framework for shipping and maritime trade, the complex relationship between shipping and the marine environment.

The Regulation of International Shipping: International and Comparative Perspectives

The Regulation of International Shipping: International and Comparative Perspectives
Author: Aldo Chircop
Publisher: Martinus Nijhoff Publishers
Total Pages: 601
Release: 2012-06-22
Genre: Law
ISBN: 9004202447

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“Marine transport, and the law and policy within which it operates, must be seen as very similar to other international undertakings operating on a transnational scale.” These concluding words in Edgar Gold’s Maritime Transport (Lexington, 1981) aptly capture the past, present and future of the regulation of international shipping. The Regulation of International Shipping: International and Comparative Perspectives in Honor of Edgar Gold pays tribute to a mariner, legal practitioner and university teacher with a unique understanding of shipping and maritime trade. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute examine the public law and policy framework for international navigation, the complex relationship between shipping and the marine environment, the imperative of better protection of seafarers, and ultimately, responsible ocean use. This book includes biographical and bibliographic notes on Edgar Gold.

Coastal State Regulation of International Shipping

Coastal State Regulation of International Shipping
Author: Lindy Sue Johnson
Publisher:
Total Pages: 236
Release: 2004
Genre: Coastwise shipping
ISBN:

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While much has been written on the navigation rights and freedoms set forth in the Law of the Sea Convention, this book takes a fundamentally different approach - by looking at international shipping from the perspective of coastal states and their desire to protect their resources and marine environment from damage by international shipping. As the potential risk of damage by shipping increases because of the increases in the volume and composition of ships and the varying array of cargo carried, coastal states' interest in protecting their resources and environment will only become more acute and they will seek to act. This work addresses the four major jurisdictional areas of most interest to coastal states: · the port · the territorial sea · the contiguous zone · the exclusive economic zone Three specific examples are used to illustrate the points raised in the discussion: ship strikes of the North Atlantic right whale, the unwanted transfer of harmful aquatic organisms and pathogens through discharges of ships ballast water, and wastewater discharges from cruise ships. The conflict between a coastal state's interest in regulating navigation off its coast and ship owners' interest in limiting such regulation is an old yet ongoing one. Coastal states have an obvious interest in participating in global trade and thus in shipping; however, this interest does not necessarily supersede their desire to regulate shipping in order to protect their resources and the marine environment. This book explores the significant changes that have taken place over the last two decades in the shipping industry and coastal states' interests. It reviews the provisions of the 1982 U.N. Law of the Sea Convention with regard to the actions a coastal state may take to regulate international shipping, while remaining within the boundaries of the Law of the Sea Convention and customary international law. This volume provides coastal states with guidance in protecting their interests and yet recognizes the rights and duties accorded to navigation interests by the treaty.

Law and Religion

Law and Religion
Author: W. Cole Durham
Publisher:
Total Pages: 676
Release: 2010
Genre: Law
ISBN:

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In Law and Religion: National, International, and Comparative Law Perspectives, every chapter supports a broad and dynamic discussion of familiar issues by placing them in global context. Offering extensive international and comparative law materials, as well as Establishment Clause and Free Exercise cases, international experts Durham and Scharffs bring new vision and scope to the study of Law and Religion.

Farthing on International Shipping

Farthing on International Shipping
Author: Proshanto K. Mukherjee
Publisher: Springer Science & Business Media
Total Pages: 428
Release: 2013-06-12
Genre: Law
ISBN: 3642345980

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The book provides an introduction to shipping in all its aspects. It is a valuable source of information for students of traditional maritime law as well as for those who seek to understand maritime and shipping services on a global scale. The text includes information and analytical content on national and international practices in shipping, including the age-old dichotomy between freedom in international shipping and the persistent demands of states to control specific maritime areas, as well as the tension between, on the one hand, the desire on the part of sovereign states to regulate and protect their shipping interests and, on the other, the abiding concern and unquestioned right of the international community to regulate the global shipping industry effectively, in order to ensure maritime safety, protection of the environment and fair competition.

Theory, Law and Practice of Maritime Arbitration

Theory, Law and Practice of Maritime Arbitration
Author: Eva Litina
Publisher: Kluwer Law International B.V.
Total Pages: 172
Release: 2020-12-10
Genre: Law
ISBN: 9403530316

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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.

Climate Change and International Shipping

Climate Change and International Shipping
Author: Yubing Shi
Publisher: BRILL
Total Pages: 498
Release: 2016-11-14
Genre: Law
ISBN: 9004329315

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In Climate Change and International Shipping: The Regulatory Framework for the Reduction of Greenhouse Gas Emissions, Yubing Shi provides ground-breaking analyses of the evolving regulatory framework for the reduction of greenhouse gas emissions from international shipping. This book examines the applicability of international environmental law principles to the reduction of greenhouse gas emissions from ships and assesses the responses of the key stakeholders to the challenge of regulation. Based on these in-depth analyses, Shi identifies key gaps in the current regulatory framework for the reduction of greenhouse gas emissions from international shipping, and proposes options for legal and institutional reforms to improve the system in place.

Comparative International Law

Comparative International Law
Author: Anthea Roberts
Publisher: Oxford University Press
Total Pages: 641
Release: 2018
Genre: Law
ISBN: 0190697571

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Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.

Managing Human Resources in the Shipping Industry

Managing Human Resources in the Shipping Industry
Author: Jiangang Fei
Publisher: Routledge
Total Pages: 253
Release: 2018-04-17
Genre: Business & Economics
ISBN: 1317578740

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Each industry faces unique human resource management challenges and opportunities and in shipping these include a global labour market and global unionism, long periods spent at sea, and health and safety issues resulting from a variety of risks. This book explores all the key aspects of human resource management in the shipping industry and how they specifically relate to the shipping workforce. The book also discusses the practices and issues associated with recruitment, training and development, and retention of personnel and knowledge in the shipping industry. In addition, the book addresses the human resource management challenges faced by the industry, including achieving work–life balance, maintaining employee health and wellbeing, managing risk and crisis, and applying knowledge management principles. With case studies in chapters exploring how the principles have been put into practice in the real world and discussion questions to prompt further enquiry, this book will be of great interest to students and academics of maritime studies and human resource management more broadly as well as professionals in the shipping industry.

International Shipping Law

International Shipping Law
Author: G.P. Pamborides
Publisher: BRILL
Total Pages: 278
Release: 2024-01-22
Genre: Law
ISBN: 9004638490

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The combination of the Port State Control system that is currently in operation and the tactics employed by the International Maritime Organization (IMO) for the introduction of rules and regulations for safety and pollution prevention at sea, led to the establishment of a system which has the potential to bring about significant changes. These changes extend beyond the area of safety and pollution prevention, reaching areas lying entirely beyond the scope of IMO, and actually affecting directly private maritime law. The relevant provisions of the law of the sea are outlined, in order to define the legal framework within which the regulation process for matters of safety and pollution prevention may operate. Special reference is made to the development of the concept of Port State Control and its emergence as a new, alternative method of enforcement under the guidance of IMO. The study focuses on the modus operandi of IMO and critically evaluates the tactics employed by the organization in pursuing its ends. The book also examines the practices employed by influential port states in enforcing international regulations, and it assesses the reactions of smaller states with large registries, as well as the different sectors of the industry to these developments. These developments will lead to new legislation in the contracting states, with the potential of changing the principles of private maritime law. The author also draws attention to the impact that the ISM Code and the STCW '95 may have on issues of private maritime law, through an analysis of the use of English maritime case law. The book is intended for all involved in shipping law - carriers, shipowners, ship managers, marine insurers, port managers, and others.