Civil Liability For Accidents At Sea

Author: Sarah Fiona Gahlen
Publisher: Springer
ISBN: 3662455552
Size: 40.55 MB
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​This book presents a study on civil liability for accidents at sea, with a focus on the interests of parties that are not contractually participating in the maritime enterprise. Shipping and the maritime offshore industry are among the most international businesses in the world, and the operation of ships and facilities at sea can involve very different interests in a wide variety of relationships. Although there is an international legal framework that covers the most frequent types of cases, questions remain regarding the interplay of international and national legislation. Addressing those questions, the first part of this study analyses the rules and the limits of international regulation applicable at sea, namely regarding compensation for pollution damage. The second part focuses on the jurisdictional rules and conflict-of-law rules that may be used to deal with cases beyond the scope of international legislation, in accordance with the law of the sea.​

Pollution Of The Sea Prevention And Compensation

Author: Jurgen Basedow
Publisher: Springer Science & Business Media
ISBN: 3540733957
Size: 24.42 MB
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The International Max Planck Research School for Maritime Affairs hosted a global conference addressing marine pollution. At this meeting, academics and practitioners came together to discuss their findings and debate recent developments from an interdisciplinary perspective. This volume reflects those discussions, examining a broad range of topics concerning the ecological, economic, political, and legal aspects of the pollution of the sea.

Civil Liability For Bunker Oil Pollution Damage

Author: Dan Malika Gunasekera
Publisher: Peter Lang
ISBN: 9783631604601
Size: 19.28 MB
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This book deals with the liability conventions brought into existence by the International Maritime Organization and concentrates on the newly adopted instrument dealing with bunker oil pollution as an area of great concern for every stakeholder involved in shipping business. The work covers a wide spectrum ranging from the Convention itself to its scope of application, liable and aggrieved parties, jurisdiction, requirements of liability and admissibility of claims, defences and exoneration from liability. It addresses many areas of interest and of importance to international and national legal advisors, lawyers, law students and anyone interested in the relevant field such as shipowners, charterers, shipbrokers, ship personnel and associated contractors and sub-contractors.

The Hamburg Lectures On Maritime Affairs 2009 2010

Author: Jürgen Basedow
Publisher: Springer Science & Business Media
ISBN: 3642274196
Size: 13.44 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.

The Practice Of Shared Responsibility In International Law

Author: André Nollkaemper
Publisher: Cambridge University Press
ISBN: 1316841863
Size: 77.38 MB
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This is the third book in the series Shared Responsibility in International Law, which examines the problem of distribution of responsibilities among multiple states and other actors. In its work on the responsibility of states and international organisations, the International Law Commission recognised that attribution of acts to one actor does not exclude possible attribution of the same act to another state or organisation. Recognising that the applicable rules and procedures for shared responsibility may differ between particular issue areas, this volume reviews the practice of states, international organisations, courts and other bodies that have dealt with the issue of international responsibility of multiple wrongdoing actors in a wide range of issue areas, including energy, extradition, investment law, NATO-led operations and fisheries. These analyses jointly assess the fit of the prevailing principles of international responsibility and provide a basis for reform and further development of international law.

Responsibility And Liability In The Context Of Transboundary Movements Of Hazardous Wastes By Sea

Author: Jan Albers
Publisher: Springer
ISBN: 3662433494
Size: 60.37 MB
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The term “hazardous wastes” covers a wide range of disused products and production wastes generated not only in industrial sectors, but also in all areas of everyday life. Hazardous wastes are to a large extent shipped by sea to third countries for recycling or disposal. While the procedural requirements for such movements are laid out in the 1989 Basel Convention, explicit rules of responsibility and liability for resulting damages are neither provided by the Basel Convention nor by other international conventions. The Liability Protocol to the Basel Convention of 1999 has not yet entered into force. This book examines the existing rules of responsibility and liability applying to States and private persons and outlines the conditions under which liability may be incurred. Subsequently, the advantages and shortcomings of the 1999 Liability Protocol are analyzed. Although this Protocol faces substantial political headwind, from a legal perspective it includes principally useful and reasonable approaches and should therefore be ratified.

Jurisdiction And Arbitration Clauses In Maritime Transport Documents

Author: Felix Sparka
Publisher: Springer Science & Business Media
ISBN: 3642102220
Size: 20.47 MB
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Jurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.

Joint Development Of Hydrocarbon Deposits In The Law Of The Sea

Author: Vasco Becker-Weinberg
Publisher: Springer
ISBN: 3662435705
Size: 42.28 MB
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This book examines the concept and purpose of joint development agreements of offshore hydrocarbon deposits from the perspective of public international law and the law of the sea, taking into consideration and extensively reviewing State practice concerning seabed activities in disputed maritime areas and when hydrocarbon deposits extend across maritime boundaries. It distinguishes between agreements signed before and after the delimitation of maritime boundaries and analyzes the relevance of natural resources or unitization clauses included in maritime delimitation agreements. It also takes into consideration the relation between these resources and maritime delimitation and analyzes all the relevant international jurisprudence. Another innovative aspect of this book is that it examines the possibility of joint development of resources that lay between the continental shelf and the Area, considering both theoretical and practical problems. As such, the book is a useful tool for scholars and experts on public international law and the law of the sea, but also for national authorities and practitioners of international disputes resolution, as well as public and private entities working in the oil and gas industry.

The Use Of Cites For Commercially Exploited Fish Species

Author: Solène Guggisberg
Publisher: Springer
ISBN: 3319237020
Size: 76.39 MB
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This book examines the legality, adequacy and efficacy of using the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) for commercially-exploited fish species and assesses whether the existing institutional cooperation with the Food and Agriculture Organization (FAO) and regional fisheries management organizations (RFMOs) is efficient. This case-study also provides an interesting lens to approaching wider international law issues. Indeed, finding ways to achieve effective governance of transboundary or global natural resources is central to the peaceful use of oceans and land. Furthermore, the role of science in advising decision-makers is a sensitive issue, which deserves scrutiny and is similar in many regimes. Finally, the complex problem of fragmentation of international law is acute in various fields of environmental law, as in all rapidly developing areas of international regulations.

The Hamburg Lectures On Maritime Affairs 2011 2013

Author: Jürgen Basedow
Publisher: Springer
ISBN: 3642551041
Size: 69.94 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 third in the series - collects the lectures held between 2011 and 2013 inter alia by Andrew Dickinson, Yvonne Marie Dutton, Bevan Marten, Andreas Maurer, Irini Papanicolopulu, Časlav Pejovic, Juan L. Pulido, Andrés Recalde Castells, Thomas J. Schoenbaum and Rüdiger Wolfrum.