PORT STATE JURISDICTION AND THE REGULATION OF INTERNATIONAL MERCHANT SHIPPING 26 HAMBURG STUDIES ON MARITIME AFFAIRS

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Port State Jurisdiction And The Regulation Of International Merchant Shipping

Author : Bevan Marten
ISBN : 9783319003511
Genre : Law
File Size : 57.55 MB
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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.​
Category: Law

The Hamburg Lectures On Maritime Affairs 2009 2010

Author : Jürgen Basedow
ISBN : 9783642274190
Genre : Law
File Size : 66.91 MB
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In 2007, the International Max Planck Research School for Maritime Affairs together with the International Tribunal for the Law of the Sea (ITLOS), both based in Hamburg, decided to establish an annual lecture series, the "Hamburg Lectures on Maritime Affairs" - giving distinguished scholars and practitioners the opportunity to present and discuss recent developments in this field. The present volume - the second in the series - collects eight of the lectures held in 2009 and 2010 by David Joseph Attard, Lucius Caflisch, Beate Czerwenka, Lars Gorton, Francesco Munari, Kyriaki Noussia, Peter Wetterstein and Wolfgang Wurmnest.
Category: Law

Vessel Source Marine Pollution

Author : Alan Khee-Jin Tan
ISBN : 1139448463
Genre : Law
File Size : 83.23 MB
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Analysing the regulation of vessel-source pollution from the perspective of the political interests of key players in the ship transportation industry, this 2005 book by Alan Khee-Jin Tan offers a comprehensive and convincing account of how pollution of the marine environment by ships may be better regulated and reduced. In this timely study, he traces the history of regulation at the International Maritime Organization (IMO) and investigates the political, economic and social forces influencing the IMO treaties. Also examined are the efforts of maritime states, ship-owners, cargo owners, oil companies and environmental groups to influence IMO laws and treaties. This is an important book, which uncovers the politics behind the law and offers solutions for overcoming the deficiencies in the regulatory system. It will be of great interest to professionals in the shipping industry as well as practitioners and students.
Category: Law

Seaports In International Law

Author : Marco Casagrande
ISBN : 9783319603964
Genre : Law
File Size : 38.74 MB
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This is the first book to offer a comprehensive overview of modern seaports from a legal perspective. Further, it provides a basic toolkit for establishing a legal doctrine of seaports, the instruments of said toolkit being the very few legal norms specifically targeting seaports, which are examined as such rather than through the lens of other, more established disciplines, such as the law of the sea or transportation law. It is a first, necessary step toward giving seaports the status they rightfully deserve in legal studies. Despite centuries of international law studies and decades of EU law evolution, seaports have remained stuck in limbo. From a law of the sea perspective, seaports belong to the land, an approach that is often clearly reflected in national maritime legislation. The other branches of international law do not focus on seaports, since they are considered to belong to the sea. The port communities, for their part, have availed themselves of the “port specificity” concept. In recent decades, containerization has transformed ports into key hubs of the globalized economy, but also into vital checkpoints of the War on Terror, due to the security risks posed by the millions of sealed containers circulating worldwide. Moreover, tragic maritime incidents have shown that seaports are the only reliable sentinels of the seas, being the only places where the systematic inspection of ships is feasible. This has led to the adoption of specific international and EU rules. Those rules, however, remain fragmented, highly specialized and technical; as such, they are unsuitable for creating an organic legal seaport regime: this objective can only be achieved with a significant contribution from legal doctrine.
Category: Law

Water Policy In Chile

Author : Guillermo Donoso
ISBN : 9783319767024
Genre : Law
File Size : 43.8 MB
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This book offers a detailed examination of the main sources of Chile’s water, its principle consumers, the gap between supply and demand, hydrological droughts, and future projected impacts of climate change. It describes, analyzes and evaluates the performance of water policies, laws and institutions, identifies the main challenges that Chile needs to face and derives lessons learnt from Chile’s reform experience. Expert contributors discuss such topics as Chile’s water policy, and the reasoning which explains its policy reform. The book presents and evaluates the performance of the legal and institutional framework of water resources. It also describes efforts to meet actual demands for water by augmenting supplies with groundwater management, waste water re-use and desalination and improve the state of water ecosystems. The last chapter presents the editor’s assessment and conclusions. The case of Chile is illustrative of a transition from command and control to market based management policies, where economic incentives play a significant role in water management.
Category: Law

The Company Legal Department

Author : Walter Kolvenbach
ISBN : 9789401744850
Genre : Law
File Size : 28.27 MB
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This study attempts to describe the role of the company law department within the company, its relation to company management and the employees who use the services of the company lawyers. It, furthermore, tries to explain that the legal advice is only one part of the operation of a legal department in a business enterprise. Other important aspects are the legal costs, organiza tional questions and coordination problems within the department as well as the relationship of the company legal department with the other departments in the enterprise and, last but not least, the relationship between house counsel and outside counsel. The increasing volume of legislation and regulations in all industrialized -countries resulted in an increase in the number of company legal departments and company lawyers. All large companies now have their own company legal department. Therefore, it seems appropriate to attempt to describe some aspects relating to this part of the legal profession, which is relatively new, and which has developed differently from country to country. The position of the company counsel and his relationship with the company and its em ployees, his professional background and his relationship with the Bar are important subjects which require further study.
Category: Law