The Regulation Of International Shipping International And Comparative Perspectives
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The Regulation Of International Shipping International And Comparative Perspectives
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Author : Aldo Chircop
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-06-22
The Regulation Of International Shipping International And Comparative Perspectives written by Aldo Chircop and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-22 with Law categories.
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.
Coastal State Regulation Of International Shipping
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Author : Lindy Sue Johnson
language : en
Publisher:
Release Date : 2004
Coastal State Regulation Of International Shipping written by Lindy Sue Johnson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Coastwise shipping categories.
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.
Farthing On International Shipping
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Author : Proshanto K. Mukherjee
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-12
Farthing On International Shipping written by Proshanto K. Mukherjee and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-12 with Law categories.
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.
International Shipping Law
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Author : G.P. Pamborides
language : en
Publisher: BRILL
Release Date : 2024-01-22
International Shipping Law written by G.P. Pamborides and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-22 with Law categories.
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.
International Shipping Law
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Author : G. P. Pamborides
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999-05-19
International Shipping Law written by G. P. Pamborides and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-05-19 with Law categories.
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.
Liner Conferences In Competition Law
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Author : Hongyan Liu
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-09-24
Liner Conferences In Competition Law written by Hongyan Liu and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-24 with Law categories.
A liner conference, as a self-regulation organisational form of liner shipping companies, constitutes a typical "hard-core cartel" with significant anti-competitive effect. One of the main three trade routes of liner shipping traffic is the Europe-Asia Trade, on the two ends of which both the European Community (EC) and the People’s Republic of China (PRC) play important roles in the international liner shipping market. However, the competition regimes on liner conferences in both jurisdictions are not equivalent. From a comparative point of view, this book reviews the historical development of maritime policy and regulatory legislation in the EC and the PRC, catches insight into the system of regulation regime and individual provisions in substantive and procedural meaning, and finally provides a wide-ranging perspective on the future competition regulation in respect of the latest developments in both jurisdictions.
International Maritime Transport
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Author : Heather Leggate
language : en
Publisher: Routledge
Release Date : 2004-08-02
International Maritime Transport written by Heather Leggate and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-08-02 with Social Science categories.
The importance of the international maritime transport industry is difficult to overstate. This new book presents an interdisciplinary approach from a wide range of internationally-based experts. International Maritime Transport represents a radical departure from previous works in its structure and approach. The section editors each discuss the state of the art in the opening chapter, before introducing a selection of works providing a wide-ranging analysis of the subject. Wide discretion of approach has provided literary freedom for individual opinion and analysis within the overall framework: this permits a level of innovation which is perhaps stifled by the more standardized model. Whilst each perspective can be seen as exclusive, together they form a comprehensive volume of issues in contemporary maritime transport. Topics covered include: ports as interfaces, logistics, manpower and skills, financial risk and opportunities, the regulatory framework. Each chapter contains an introduction which explains the context of the chapter within the book and the contemporary state of the art. Under the editorship of maritime experts James McConville, Alfonso Morvillo and Heather Leggate, the book is sure to be of interest to students and academics working on maritime studies, as well as being useful to professionals and policy makers in the maritime industry.
Maritime Safety In Europe
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Author : Justyna Nawrot
language : en
Publisher: Taylor & Francis
Release Date : 2020-12-23
Maritime Safety In Europe written by Justyna Nawrot and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-23 with Law categories.
The book is concerned with the harmonisation of maritime safety legal systems in Europe. It describes maritime safety legal systems in selected European countries as well as maritime safety issues from the perspective of the International Maritime Organisation, European Union, and European Free Trade Association. Distinguished scholars from Europe's leading maritime law academic centres present national perspectives of maritime safety systems, questioning whether the adopted national solutions guarantee the compatibility with IMO and EU legal regime, as well as assessing the global and EU system. Moreover, the book seeks to provide some answers as to whether the IMO goals on maritime safety are adequate in light of current safety challenges and how to achieve higher level of enforcement of internationally-recognised maritime safety standards. It will be of great assistance to those readers who need to familiarize themselves with current problems inherent in maritime safety, whether that be lawyers, scholars, professional mariners, or national institutions. Chapter 14 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Port State Jurisdiction And The Regulation Of International Merchant Shipping
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Author : Bevan Marten
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-08-31
Port State Jurisdiction And The Regulation Of International Merchant Shipping written by Bevan Marten and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-31 with Law categories.
This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states’ attempts to regulate aspects of a vessel’s structure or equipment, or even certain activities that may take place before a vessel’s arrival in port. The author argues that examples of unilateral measures being imposed by way of port state jurisdiction are growing, and that without active protests from flag states this concept will continue to expand in scope. As international law currently presents very few restrictions on the actions of ambitious port states, such developments may have a significant impact on the future of international maritime regulation.
Competition And Regulation In Shipping And Shipping Related Industries
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Author : Antōnios M. Antapasēs
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2009
Competition And Regulation In Shipping And Shipping Related Industries written by Antōnios M. Antapasēs and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
Maritime competition as an economic phenomenon is currently influenced by a number of factors both at EU and international level. From a legislative point of view, the recent repeal of EC Reg. 4056/1986 affects the treatment of horizontal agreements not only in the liner but also in the bulk sector, which was excluded until recently from the scope of EC secondary competition rules. However, competition distortions are not only a question of private arrangements. They emanate also from measures and practices incompatible with the freedom to provide services, Member states protectionism and international mandatory regulation. This volume comparatively and comprehensively examines all these issues, by bringing together contributions from distinguished academics. Particular focus is given on private shipping cartels, the liberalization of cabotage and port services, indirect competition-distorting factors and the latest developments on international regulation of carriage of goods by sea.