Modern Maritime Law - Volume 1 - Jurisdiction and Risks

Author(s)                 Aleka Mandaraka-Sheppard
Publisher Informa Law from Routledge
Date 2013
Pages 370
Format pdf
Size 1.4 Mb

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   Thinking about - let alone writing - a new edition of a legal textbook is a great burden for any author and takes a considerable span out of the writer's life for not much reward. Yet the zest and drive of any committed writer remains, and the first question is whether a new edition is necessary. Unless the law has changed to a considerable extent, there would be no point in filling up legal libraries with another volume. However, as the readers of Modern Maritime Law will witness, the insurmountable amount of new legislation, EU Directives, Regulations and IMO Conventions that have emerged, coupled with the copious case law, since 2009, has made the new edition an absolute necessity. Thus, the result is that the book is now in two volumes, owing to the increased amount of the included material and because each volume is self-contained, making it easier for readers to manage them. Apart from the fact that the book provides a cohesive overall view of aspects of maritime law - with a fairly detailed account of important decisions - and brings together the major 'Bibles' written on individual topics, Modern Maritime Law has stimulated a great interest in the subject of risk management and promoted its importance among commercial and legal professionals, as Lord Mustill had predicted in the foreword to the first edition. In the last decade or so, industry organisations, shipping companies, insurers, as well as lawyers and their professional organisations, have focused on legal, regulatory and other risk issues in a more systematic way for corporate strategies, as well as for loss prevention and dispute avoidance. Commercial people take more care to express their intention in contracts as to the allocation of risks between themselves, and the judges often try to decipher the parties' intention in terms of allocation of risks when they interpret contracts in the context of the factual matrix...

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