Responsibility And Accountability In Maritime Law
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Responsibility And Accountability In Maritime Law
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Author : Simon Daniels
language : en
Publisher: Routledge
Release Date : 2022
Responsibility And Accountability In Maritime Law written by Simon Daniels and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
"The criminalisation of seafarers has been observed as a growing phenomenon for more than forty years, presenting a picture of increasing liability upon the Master even though their responsibilities remain essentially unchanged in generations of maritime law. Because of the demand by society to find someone to blame for environmental and human loss, there is a constant flow of cases, which serve to confirm the phenomenon but offer no solutions to defend the innocent. The structure of the maritime environment in which they work has changed dramatically, as evidenced by the complex evolution of fleet ownership and management, leaving the Master with diminished management influence. This book has been written in a format which meets the needs of lawyers, academics and maritime professionals, with the aim to analyse the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation, identifies the constituent problems in such criminal accountability. Each chapter relies heavily on case studies to illustrate how the laws which reflect national policy underpinning those priorities are applied in practice. This structure enables an understanding the problems in the criminal process, with a view to offering options for solutions. The book is directly relevant to a broad range of parties that includes lawyers, academics, P & I clubs, seafarers, shipowners, managers and agents, and national and international seafaring unions"--
Responsibility And Accountability In Maritime Law
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Author : Simon Daniels
language : en
Publisher: Taylor & Francis
Release Date : 2022-04-04
Responsibility And Accountability In Maritime Law written by Simon Daniels and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-04 with Law categories.
The criminalisation of seafarers has been observed as a growing phenomenon for more than forty years, presenting a picture of increasing liability upon the Master even though their responsibilities remain essentially unchanged in generations of maritime law. Because of the demand by society to find someone to blame for environmental and human loss, there is a constant flow of cases, which serve to confirm the phenomenon but offer no solutions to defend the innocent. The structure of the maritime environment in which they work has changed dramatically, as evidenced by the complex evolution of fleet ownership and management, leaving the Master with diminished management influence. This book has been written in a format which meets the needs of lawyers, academics and maritime professionals, with the aim to analyse the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation and identifies the constituent problems in such criminal accountability. Each chapter relies heavily on case studies to illustrate how the laws which reflect national policy underpinning those priorities are applied in practice. This structure enables an understanding of the problems in the criminal process, with a view to offering options for solutions. The book is directly relevant to a broad range of parties which includes lawyers, academics, P & I clubs, seafarers, shipowners, managers and agents, and national and international seafaring unions.
Maritime Work Law Fundamentals
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Author : Iliana Christodoulou-Varotsi
language : en
Publisher: Springer
Release Date : 2016-05-01
Maritime Work Law Fundamentals written by Iliana Christodoulou-Varotsi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-01 with categories.
The importance of international maritime labour law - both as a component of - ternational maritime law, and in socio-political and economic terms - has been recognised by the IMO International Maritime Law Institute for a number of years. Indeed, the Institute has annually organised a course on maritime labour law with the participation of inter alia the International Maritime Organization, the - ternational Labour Organization, the International Transport Workers Federation, and the German Shipowners Association. It was therefore a great pleasure when the authors invited me to introduce their forthcoming monograph on Maritime Work Law Fundamentals: Responsible S- powners Reliable Seafarers. As the title suggests, a fundamental challenge of this branch of international maritime law is to achieve a balance between the interests of the two main stakeholders. Institutionally, the effort to achieve this balance dates back a number of decades with its genesis mainly found in the work of the International Labour Organization. It has to be said that whilst this effort achieved great progress, it has led to a haphazard, plethora of legal instruments."
Responsibility And Liability In The Maritime Context
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Author : Peter Ehlers
language : de
Publisher: Lit Verlag
Release Date : 2009
Responsibility And Liability In The Maritime Context written by Peter Ehlers and has been published by Lit Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law of the sea categories.
The Seminar on responsibility and liability in the maritime context, papers of which are published in this volume, dealt with the rules of the law of the sea and of maritime law governing these issues in order to realize similarities and differences in both fields of law which constitute the law of maritime affairs. Participants of the Seminar, which took place in July 2008 in the Premises of the International Tribunal for the Law of the Sea, were scholars and associates of the International Max Planck Research School for Maritime Affairs (IMPRS) and students of the Law Faculty, University of Hamburg.
Environmental Norms In Maritime Law
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Author : Tsimplis, Michael
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-12-07
Environmental Norms In Maritime Law written by Tsimplis, Michael and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-07 with Law categories.
This timely book examines the reform of maritime law under the influence of environmental principles and the effects of these changes in the legal relationships between maritime stakeholders. Providing an integrated assessment of the use of environmental principles in the governance of shipping and maritime law, it argues that normative barriers supported by short term financial interests, the balance of power between states and the technocratic character of the IMO are delaying necessary changes to support sustainable development and thus endanger the marine environment.
Modern Maritime Law Volume 2
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Author : Aleka Mandaraka-Sheppard
language : en
Publisher: CRC Press
Release Date : 2013-12-17
Modern Maritime Law Volume 2 written by Aleka Mandaraka-Sheppard and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-17 with Law categories.
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/
Admiralty And Maritime Law
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Author : Robert Force
language : en
Publisher: Beard Books
Release Date : 2006-06
Admiralty And Maritime Law written by Robert Force and has been published by Beard Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06 with Law categories.
This is an abridged version of a casebook (previously published in two volumes) on admiralty and maritime law. Nine chapters cover: admiralty jurisdiction and procedure; federalism and admiralty jurisdiction; admiralty remedies; carriage of goods; charter parties; personal injury and death claims; collision and other accidents; maritime liens; and
Maritime Organisation Management And Liability
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Author : Stephen Girvin
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-05-20
Maritime Organisation Management And Liability written by Stephen Girvin and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-20 with Law categories.
This book identifies and examines the legal challenges facing the shipping industry and ship management today. It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods. The book will be a useful resource for academics and practising lawyers working in shipping and maritime law.
Corporate Manslaughter In The Maritime And Aviation Industries
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Author : Simon Daniels
language : en
Publisher: CRC Press
Release Date : 2016-08-12
Corporate Manslaughter In The Maritime And Aviation Industries written by Simon Daniels and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-12 with Law categories.
This book provides expert analysis of the application of the evolving law in Corporate Manslaughter as it relates to the Maritime and Aviation industries. It will prove to be a useful tool for practitioners and students in this specialised area, as well as those working in the maritime and aviation industries, such as those who will be accountable under the Corporate Manslaughter Act 2007; the Masters and Pilots who manage the risks; and the insurers who underwrite the cost of the risks. The author will discuss areas such as: The liability towards passengers and employees The Prosecution of offenders Comparative analysis of corporate manslaughter in the wider, global industry
Ship Operations
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Author : Baris Soyer
language : en
Publisher: Taylor & Francis
Release Date : 2020-12-01
Ship Operations written by Baris Soyer and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-01 with Law categories.
This book covers in one handy volume all the major topics associated with ship operations. Carefully, co-ordinated to ensure breadth, relevance and lack of overlap, the topics covered are addressed by authors are the very top of their profession, whether in legal practice or academia, and are presented in a manner which is topical and clear. Part I offers a detailed and critical analysis of issues of contemporary importance concerning new liability regimes and developments. Part 2 discusses how parties, in particular ship operators, attempt in contemporary practice to allocate their risks concerning ship operations. Part 3 evaluates the legal position of those involved in more ‘back office’ operations. The book provides an invaluable guide to recent legal and practical developments and offers a comprehensive, well-informed and thoroughly practical guide on what is a very complex and developing area of law. It will therefore be of great use to legal practitioners and administrators of ship operations worldwide, as well as students in this area and academics associated with maritime law generally.