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Product details:

ISBN 10: 1138104833

ISBN 13: 978-1138104839

Author:  Yvonne Baatz 

Maritime Law (Maritime and Transport Law Library) 4th Edition: Now in its fourth edition, this authoritative guide covers all of the core aspects of maritime law in one distinct volume. Maritime Law is written by a team of leading academics and practitioners, each expert in their own field. Together, they provide clear, concise and fully up-to-date coverage of topics ranging from bills of lading to arrest of ships, all written in an accessible and engaging style. As English law is heavily relied on throughout the maritime world, this book is grounded in English law whilst continuing to analyse the key international conventions currently in force.

Brand new coverage includes:

  • The entry into force of the Hague Convention on Choice of Court Agreements, 2005 and greater detail on Regulation (EU) No 1215/2012 of the European Parliament and of the 
  • Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast).
  • The entry into force of the Nairobi International Convention on the Removal of Wrecks, 2007.
  • Discussion on the Arctic Sunrise and Duzgit Integrity arbitrations and the “Enrica Lexie” Incident (Italy v India), Provisional Measures in the International Tribunal for the Law of the Sea.
  • Analysis of the Insurance Act 2015.
  • Comment on recent cases including London Steam Ship Owners Mutual Insurance Association Ltd v Spain (The Prestige) and PST Energy 7 Shipping LLC v OW Bunker Malta Ltd (The Res Cogitans).

This book is a comprehensive reference source for students, academics and legal practitioners worldwide, especially those new to maritime law or a particular field therein.

 

Maritime Law (Maritime and Transport Law Library) 4th Edition Table of contents:

Chapter 1: The Conflict of Laws

  1. Introduction
  2. Arbitration
    (a) Valid arbitration agreement
    (b) Anti-suit injunction
    (c) Damages for breach of the arbitration agreement
    (d) Recognition and enforcement
  3. Court jurisdiction
    (a) The 2005 Hague Convention on Choice of Court Agreements
    (b) The Recast Jurisdiction Regulation and the Jurisdiction Regulation
    (c) Common law
    (d) Anti-suit injunctions
    (e) Damages for breach of a jurisdiction agreement
  4. Governing law
    (a) Rome I
    (b) The common law
    (c) Rome II
    (d) Sections 9 to 15 of the Private International Law (Miscellaneous Provisions) Act 1995

Chapter 2: Shipbuilding, Sale, Finance and Registration

  1. Introduction
  2. Shipbuilding and its contractual framework
  3. The sale of second-hand tonnage
  4. Ship registration
  5. Basic ship finance and registration of mortgages

Chapter 3: International Trade and Shipping Documents

  1. Introduction: shipping and international trade
  2. International commercial sales on shipment terms
  3. The passing of risk and property in the goods
  4. Performance of the contract
  5. Rejection: the buyer’s remedy and the seller’s right to cure

Chapter 4: Charterparties

  1. Introduction
  2. Shipbrokers
  3. The Hague, Hague-Visby and Hamburg Rules
  4. Seaworthiness
  5. Remedies for owner’s breach
  6. Reasonable despatch
  7. Deviation
  8. Safe ports
  9. Frustration
  10. Timing at the beginning of the charterparty
  11. Time charterparties
  12. Voyage charterparties
  13. Liens

Chapter 5: Cargo Claims and Bills of Lading

  1. Cargo claims – the general picture
  2. The claimant’s title to sue
  3. The identity of the carrier
  4. Do the Hague-Visby Rules apply?
  5. Proving the claimant’s loss
  6. Proving the carrier’s breach
  7. Excluding or limiting the carrier’s liability
  8. The claimant’s potential liability towards the carrier

Chapter 6: Carriage of Passengers

  1. Introduction
  2. The legal framework
  3. The Athens Regulation
  4. Interaction between the 1974 Athens Convention and the 1976 and 1996 Conventions on Limitation of Liability for Maritime Claims
  5. The commercial reality
  6. EU law for sea passengers
  7. The effect of the withdrawal of the UK from the European Union
  8. Passengers and the Covid-19 pandemic

Chapter 7: The Liabilities of the Vessel

  1. Introduction
  2. Collisions
  3. Salvage
  4. General Average
  5. Towage
  6. Wreck removal
  7. Pilotage
  8. Limitation of liability
  9. Ports and harbours
  10. Technology and shipping law

Chapter 8: Public International Law Aspects of Shipping Regulation

  1. Introduction
  2. Maritime zones relevant to shipping
  3. Coastal and flag State rights over shipping in the main maritime zones
  4. The IMO and its conventions
  5. The UNCLOS Article 292 prompt release procedure

Chapter 9: Safety and Compliance

  1. Introduction
  2. The International Convention for the Safety of Life at Sea
  3. The International Safety Management Code
  4. The International Ship and Port Facility Security Code
  5. The International Convention on Standards of Training, Certification and Watchkeeping as amended in 2010 (STCW 2010)
  6. The Maritime Labour Convention 2006
  7. The European Maritime Safety Agency
  8. Compliance and the role of classification societies

Chapter 10: Marine Pollution from Shipping Activities

  1. Introduction
  2. Ship standards in construction, operation and manning
  3. Liability for oil pollution from ships
  4. The 2001 Bunker Pollution Convention
  5. Liability under Section 154 of the Merchant Shipping Act 1995
  6. Spilled oil as waste
  7. Pollution damage under the EC Directive 2004/35 and other EU provisions
  8. Liability for pollution from hazardous and noxious substances carried onboard a ship
  9. Pollution from radioactive substances
  10. Liability arising from carriage of hazardous wastes
  11. Scrapping of ships
  12. Shipping, atmospheric pollution and climate change
  13. Pollution from ships and the UK withdrawal from the EU

Chapter 11: Marine Insurance

  1. Introduction
  2. Hull and machinery insurance
  3. Cargo insurance
  4. Protection and indemnity insurance
  5. Reinsurance

Chapter 12: Procedures for Enforcement

  1. Enforcement of maritime claims
  2. Maritime liens
  3. Arrest and cross-border insolvency
  4. Freezing injunctions

 

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