18.08.2020
STATE RESPONSIBILITY FOR INTERFERENCES WITH THE FREEDOM OF NAVIGATION IN PUBLIC INTERNATIONAL LAW

Twelve years back the Pacific Area USCG Commander proclaimed the intention of the United Stated to push back their sea borders by about two thousand miles. This step was actually expected by him to eliminate or at least significantly reduce the terror threat faced by America. And his statement actually reflected the new attitude that concerned the policing of the world oceans not only by America but also by some other countries.

The principles of navigation freedom of the traditional Law of the Sea and exclusive jurisdiction of the Flag States is considered a serious obstacle for fighting against terror and it also affects some other security concerns. And this, in turn, has resulted in the interferences on the high seas becoming common. The shipping industry witnessed the similar scenarios when the United Stated made attempts to fight international crimes, such as the piracy and pirate broadcasting, slave trading etc.

 

 

The present volume is providing the discussion on the most important issues involved, for example the international organizations and their responsibilities, lawful conduct and associated liability, and others considered important in today's world.

 

 

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18.08.2020
MARITIME GOVERNANCE AND POLICY—MAKING

This book is covering a very wide range of the relevant topics giving so interesting in-depth discussions and analyses of the real failures commonly occurring in the governance practice. It may serve as an excellent reference source for the policy-makers as well as for the newcomers since it is discussing the existing maritime policies together with the political history of the shipping industry.

Michael Roe, who is also the author of another publication on the same topic and coming under "Maritime governance - speed, flow, form, process" title, is providing readers with the detailed professional analysis of the jurisdictional arrangements currently in place.

 

 

The book is addressing the basic questions of the jurisdiction, governance and policy-making, applying them to the maritime shipping field. Such approach makes the publication much more interesting to the wide audience including specialists, researchers, students and government officials - it will also be appreciated by all people having commercial or industrial interest in maritime sector.

 

 

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18.08.2020
PORT STATE JURISDICTION AND THE REGULATION OF INTERNATIONAL MERCHANT SHIPPING

The publication contains the results of thorough examination of the port state jurisdiction concept from the international maritime law point of view. The author of the volume have particularly focused on the situations where the port states used their jurisdiction to apply the unilateral domestic law to the foreign-flagged ships.

In order to illustrate these situations together with the legal issues involved, the author has performed the detailed analysis of three pieces of legislation, one being from United States, another from European Union and the last one from Australia. The key issues included the legality of the attempts done by the port states to regulate the important aspects of the ship's structure/equipment on board and some of the activities normally taking place prior to a ship's arrival in port.

 

 

Since the international law of today presents not too many restrictions on the port state actions, the developments in the field might have quite serious impact on the future of the maritime legislation in the international context. A recommended reading for the people with the interest in the international maritime regulation and practicing maritime lawyers, in the first turn.

 

 

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18.08.2020
JURISDICTION AND ARBITRATION CLAUSES IN MARITIME TRANSPORT DOCUMENTS

There are many articles and books available today and covering the jurisdiction and arbitration considered two mechanisms developed to ensure the predictability and impartiality of the dispute resolution internationally. However, most of those publications are not dealing with the maritime context.

In addition, it shall be noted that they are quite seldom juxtaposed and there are little to no comparative treaties authored. The author of the present volume has attempted to fill this void since there were many reasons to undertake such effort. Subject clauses are connected to the transport documentation.

 

 

Since the maritime trade is of international character, quite significant portion of the internationally available forum agreements is originating from the maritime contracts. The content of this document mainly bases on the comparative approach, seeking to explain the rules existing today within the legal context and also to create a coherent system for jurisdiction and arbitration clauses, taking into account all underlying interests and economic theory.

 

 

It offers detailed answers to the major questions of jurisdiction/arbitration clauses while confronting the fundamental question of freedom limitation.

 

 

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14.08.2020
ARCTIC MARINE GOVERNANCE

The content of this book was prepared by three authors was intended to address the current problems of the Arctic region. It actually draws on the results of the Arctic TRANSFORM project of 2008-09 which was funded by European Commission. Subject project engaged the best experts in a transatlantic dispute on the roles of the EU/US in light of the changing climate in Arctic region as well as legal and political complexities.

This publication is covering the developments and changes in the marine Arctic and provides recommendations together with the descriptions that reflect the current governance environment. The chapters of the document are exploring the activities and potential impacts by the industry sector, covering the shipping, fisheries and offshore exploration of the hydrocarbons in the Arctic region and looking at the strategies and policies that were developed to improve the marine governance. A very interesting and important publication reflecting the extensive research conducted by the recognized experts in the field.

 

 

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11.08.2020
EFFECTS OF INSURANCE ON MARITIME LIABILITY LAW

This publication was written to provide thorough examination of the negative consequences that the absence of insurance may have and had in the past, for example the special principles of the maritime liability law such as the "general average" and limitation of the maritime insurance for owners.

These principles used to serve the function of insurance for the owners in the absence of actual insurance. Nowadays. since the commercial maritime insurance is available, all of subject principles do not have any justification and my actually be interfering with the deterrence from negligence considered the most important goal of the liability law.

 

 

In fact, the author of the present work is recommending abolition of these principles and is further arguing that since the insurance is widely available and easily affordable to both parties, the main objective of the liability law shall be the deterrence as opposed to the compensation. And this is the case with the claims where both ship owners and cargo owners are invariably insured...

 

 

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13.05.2020
SHIPPING LAW

People need vessels and will always be connected with shipping. Nowadays, fuel is transported by sea and the oil tankers and LNG/LPG carriers provide necessary resources for generating energy feeding our homes. This is an absolutely excellent publication for those studying or interested in the shipping law. The container vessels transport different types of goods including food, while the reefers actively ship various raw materials.

The maritime shipping law is at the base of everything done in the industry starting from concluding the new construction contracts up to and including the fuel supplies to the working vessels, bills of lading, employment of the people to work on board and many others. That is why it is deservedly treated as the integral part of the life of any single human engaged in the shipping industry. This book starts with the chapter on the ship ownership, covering the property and legal titles, ship registration, jurisdiction and many other important aspects.

The legal aspects of charter-parties, time-charter and bareboat charter parties, and bills of lading are dealt with in the next three chapters. The remaining chapters address the major conventions governing the marine transportation of cargo, general average, collision, environment pollution, limitation of liability and other aspects.

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09.02.2020
THE LAW OF THE SEA CONVENTION — US ACCESSION AND GLOBALIZATION

The publication was released with the authors' intention to provide valuable insight into several important issues of the world's oceans of today together with their management. This volume has been organized in two big sections.

While the first section of the book contains the major findings of the hi-end industry experts addressing the fact of America not being a Party to the UNCLOS, in its second part the authors examine the key contemporary trends in commercial shipping, safety matters, navigational freedom, maritime piracy and terrorism threats, rocks and islands, scientific researches, and many other critically important aspects.

The publication is definitely a very useful one for the industry professionals and for the students and any persons involved in shipping law activities. The content of the document is bringing together the results of the several senior level meetings and will present high value for the above mentioned categories of readers being very practical and relevant.

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