Cases Materials on the Carriage of Goods by Sea includes a collection of legislative material, standard form contracts and up-to-date coverage of English case law. It covers the major areas of chartering and bills of lading, as well as matters such as exclusion and limitation of liability. This edition has been comprehensively updated and adds the latest cases to its strong coverage of classic authorities. Notable additions in the chapters dealing with bills of lading include The Starsin, The Rafaela S, Motis Exports and The David Agmashenebeli. On the Carriage of Goods by Sea Act 1992, the important decisions of The Berge Sisar and East West Corp are incorporated, while key recent decisions on chartering, such as The Hill Harmony, The Happy Day and The Stolt Spur are fully treated. This book provides an up-to-date collection of materials relating to the carriage of goods by sea which will be of value to both students of law and legal practitioners.
Cases and Materials on the Carriage of Goods by Sea, fourth edition, offers tailored coverage of the most commonly taught topics on Carriage of Goods by Sea courses. Combining a collection of legislative materials, commentaries, scholarly articles, standard forms and up-to-date English case law, it covers the major areas of chartering and bills of lading as well as matters such as exclusion and limitation of liability. Significant innovations for this edition include: Materials on the Rotterdam and Hamburg Rules, and expanded discussion of the Hague Visby Rules and Charterparties Discussion of some of the most important decisions by the senior courts Pedagogical features such as end of chapter further reading Emphasis on how shipping law operates and is applied in the real world A clear, student-friendly text design with a strong emphasis on research and problem solving This up-to-date collection of materials relating to the carriage of goods by sea will be of value to students of law, researchers and legal practitioners.
Cases Materials on the Carriage of Goods by Sea includes a collection of legislative material, standard form contracts and up-to-date coverage of English case law. It covers the major areas of chartering and bills of lading, as well as matters such as exclusion and limitation of liability.
International insolvencies are a common feature worldwide in business and finance sectors and the scale and frequency of such occurrences have caught the attention of many academics and commentators. Following on from the 2008 book, International Insolvency Law: Themes and Perspectives, this book presents up-to-date accounts of themes in the field of insolvency law. It deals with reforms in and challenges to the subject in relation to its comparative and international aspect. The cutting edge contributions include chapters from common law, civil and mixed traditions and have been conceived to increase awareness of the impact of insolvency law within domestic, regional and global contexts. Useful and thought-provoking, the chapters take an innovative approach and give new interpretations to hitherto available material. This book will be invaluable for those wishing to keep abreast of developments in jurisdictions representing all legal traditions and is a useful guide to the improvement and reform of insolvency laws and frameworks.
Principles of the Carriage of Goods by Sea offers students studying this topic as part of their LLM or LLB course an accessible, comprehensive overview of the subject from a leading expert in the field. Written specifically with students in mind, concentrating on principles, and tailored to common law coverage, this title presents all the essential topics and is supported by the following useful pedagogy: Line Diagrams: illustrating the relationships between parties so that this may be understood at a glance; also where appropriate, time lines Case Studies: looking at topical matters such as piracy, and problematic areas of law such as reachable on arrival clauses and the carriage of bulk oil by sea Sample Problem Questions: problem questions and suggestions to help students to prepare for assessment Annotated appendices: concise appendix of the most important legislation and international conventions, with useful annotation from the author that explains these and puts them in context
Written by leading authors in the field, this clear and highly accessible volume provides full coverage of the topics commonly found in the contract law syllabus, alongside up-to-date illustrative case examples and stimulating commentary. Composed of approximately one-quarter authors’ commentaries and three-quarters cases and materials, including academics' articles and extracts from books and Law Commission papers, this book takes account of a variety of theoretical perspectives, including economic, relational and empirical conceptions of the law. This book facilitates the development of personal study skills and encourages readers to engage with the leading academic commentaries in the area. Features to support your learning include: chapter introductions highlight the salient features under discussion and signpost topics to guide readers through this comprehensive text additional reading listed at the end of each chapter to assist further study and independent research clear and attractive text design that differentiates between the authors’ commentaries and the materials a companion website that provides skills materials and self-assessment tasks to help further your learning The range of material covered, straightforward style, and targeted updates to this third edition make Text, Cases and Materials on Contract Law?a comprehensive and invaluable resource for all undergraduate students of contract law.
Ever-increasing numbers of dangerous goods are carried by sea today. Worldwide concern with the risk posed by this increased frequency has led to the adoption of international technical standards to promote maritime safety and the insertion of special provisions in the carriage contracts. Moreover, growing environmental awareness and concern with the economic cost implications of maritime casualties have given rise to the regulation of liability and compensation.
Knowledge about the application of law to maritime commerce not only may prove financially profitable but also provides an exciting intellectual trip through the historical and legal developments behind commercial activities that depend upon the sea. This work analyzes the growth and formation of maritime law across the centuries, including its origin as England s admiralty law and its adoption into the United States Constitution. It sets out information on the jurisdiction and law appropriate for the carriage of goods by sea, personal injuries and death collisions, salvage and wrecks, marine insurance, and marine pollution. Lawyers, professors, and students of law and anyone involved in marine transportation - carriers, shippers, port managers, freight forwarders, and others - will appreciate this book's succinct and readable style. It includes references to statutes, conventions, and cases - including some historical and social background to enliven and clarify the development of admiralty and maritime law in the United States.
This book centres on the sea carrier's liability for loss of or damage to goods under convention based regimes. The Hague, Hauge-Visby and Hamburg Rules have become the main reason for lack of uniformity in the field of the carriage of goods by sea today with their different texts and legislative styles. Preface; The book deals with the carrier's liability for breach of contract of sea carriage of goods under the convention-based regimes: the Hague Rules, the Hague-Visby Rules and the Hamburg Rules. Dr. Karan has undertaken an ambitious and brave task in joining an ongoing debate on whether the maritime transport industry needs all the 3 conventions on the same subject: the legal regime relating to carriage of goods. The book is divided into four broad Parts and a Conclusion. Part I deals with the preliminaries by setting out the basis for the carriers' liability under Roman Law, Common Law, Civil Law and Convention regimes. Part II is devoted to conditions applicable to the contract of carriage under the same regimes following the pattern set out Part I. Part III deals with exclusions and exemptions of the carriers' liability. carrier. The book concludes with exhaustive concluding remarks. The book starts on the premises that the unification, clarification and simplification of domestic legislation regulating carriage of goods by sea have always been the aim of shippers who wish to ascertain and minimize their contractual liability and insurance risks in such contracts. The book argues that it is for those reasons that the three international conventions (Hague Rules, Hague-Visby and the Hamburg Rules) were enacted. However, with differing textual approaches and legislative styles these conventions have themselves become the main obstacle to uniformity in international sea carriage today, with different countries applying different regimes. The book then examines and explains the necessity for, and the needed, amendments to the Conventions in comparison with the other carriage conventions (by Air, Road, Rail and Multi-modal Transport). subject is not only unique but also puts the Rules in perspective and makes it easy for, especially practitioners, to better appreciate. Furthermore it also leaves it easier for undergraduates, post-graduates, and advanced researchers and scholars who might wish to pursue further research to do so. Secondly, the book identifies, evaluates, and compares the carrier's liabilities under the three conventions and determines the conditions of such liabilities and exemptions. In particular the author does not shy away from asking and answering questions as to whether the conventions lead to certainty in the international sea carriage regime and, if so, whether they have kept up to date with economic, political and technological developments in the field. The main arguments that the book highlights is the Anglo-American or Common Law approach versus the Continental or Civil law approach which has dodged this area of the law and made difficult attempts to unify the Conventions. This argument has been made in the past but not as strongly as in this instance. between the Hague and Hamburg liability regimes except for what the book refers to as the archaic nautical fault and fire exemptions, and that the latter, which contain all the Visiby amendments and the SDR Protocols, were more clearly drafted with the needs of modern trade in mind and have brought the regime into line with other modern transport Conventions. Having examined all the strengths and weaknesses of the three conventions, the author comes down on the side of the Hamburg Rules, as the preferred and more international and forward-looking convention on carriage by sea. In committing himself to one side, the author has not avoided the central debate on the subject, if anything he has aided it. Having so nailed its flag to the mast, the book also cautions that the Hamburg Rules themselves, to a certain extent, need some clarification and amendments to be more acceptable and accommodating. require the carrier to prove that the exempted occurrence causing the loss and to the exercise of care expected from a prudent carrier to avoid the occurrence and its consequences, which amend the burden of proving the fault of the carrier, his servants or agents in favor of the cargo interest, and change the limitation measures and unit of accounts. Other strengths of the book are the wide search and literature coverage: apart from the traditional inclusion of Annexes of the three Conventions including the latest ratification status; application of the rules or domestic statutes, and monetary limits to the carriers' liability in various countries; there is extensive provision of abbreviations used and extensive citing of authoritative sources; and wide provisions of exhaustive bibliography of conventions, reports, statutes, authors and cases. Another bonus is the inclusion of materials on the author's native country: Turkish maritime law. on a modified Germanic and Civil Law Codes; there is also mention of current reforms in that country in a bid to join the European Community. Other strengths of the book are the comparative approach to Continental Civil (Belgium, France, Germany and Greece) and Common Law (UK, Australia), including the Anglo-American (US and Canada) tradition as well as the Scandinavian and Far Eastern (e.g. China) jurisdictions. In producing this book the author has made efficient use of his: legal and academic training; association with the International Chamber of Commerce; experiences with the International Maritime Organisation; and skills as one of the advisors of his government's Ministry of Foreign Affairs, on maritime and aviation matters. The author is to be congratulated on the admirable grasp he displays of the wealth of materials at his disposal. Although not necessarily original, the concept is intriguing, the approach is balanced and persuasive, and the study as a whole provides valuable contribution to an understanding of the problems facing the truncated maritime law convention regime at the present day. makes a forceful and persuasive case which gains additional strength when advanced during a period of widespread concerns. The book will be a valuable addition to knowledge and scholarship in maritime law generally and the convention-based regimes of sea carriage in particular. It will no doubt benefit practitioners, lawyers, shippers, policy makers, lawmakers, as well as law and business studies' students and the more advanced scholars and researchers.
The book contains a selection of articles written in the years 1962-2004 and published in English or French languages. They provide information and present views of the author on matters relating to the development and transforrnations which occurred in maritime law in the second haif of the 20th century. Articles on Polish maritirne law arę presented separately from morę numerous articles on international and transnational maritime law.The articles compiled in this book illustrate the process of important changes and developments occurred in maritime law in the said period.They indicate how problems created by the progress in the organisation of maritime trade, technical innovations and political changes on the map of the world were identified, consi-dered and sometimes solved, in the latter case the relevant article may have only a historical signif icance. At the same time some traditional institutions of maritime law were changingtheir role and neededa reappraisal and revision.
I. The importance of legal questions related to the sea is obvious to everyone. It is hardly surprising that the subjects that make up international current events illustrate the leading role played by maritime affairs. Indeed, it is no coincidence that three quarters of the earth's surface is covered by oceans. Territorial seas, exclusive economic zones, exploitation of the seabed, fishing, transport, insurance, collision, and pollution raise many unresolved questions. On the other hand, the contrast of this importance with the modest attention that existing periodical publications merit must be underscored. Without undervaluing these publications, there has been a need for some time to create a vehicle of common expression, based on three central tenets: interdisciplinary framework, tendency towards uniform law, and both a theoretical and practical approach. a. A framework of interdisciplinary nature seems to be relevant as it is desirable to overcome the artificial separation between public and private law.
This is volume one of a two volume case book on admiralty and maritime law written by three leading and well known law professors at Tulane Law School.
Designed to provide a comprehensive and critical survey of the law relating to the carriage of goods by sea, the fifth edition of this leading textbook includes all the recent changes in case law and legislation.
The Shipping Law Handbook brings together all essential source material for anyone involved in shipping disputes. This book provides a comprehensive collection of international conventions, statutes and statutory instruments, arbitration rules and the most commonly encountered bills of lading, charterparties, insuranceclauses, guarantees and other contracts. The Handbook is a highly practical and essential work for shipping lawyers, arbitrators, P&I Clubs and their correspondents, ship owners, ship managers, agents and brokers. Anyone involved in shipping will wish to keep this reference conveniently to hand.
This updated edition includes an examination of force majeure in French law, the drafting of force majeure clauses, its usage in shipbuilding contracts, and the application of commercial impracticality under article 2-165 of the Uniform Commercial Code.
In the last few years, the quantity of books and papers on the political, economic and legal problems of the exploration and use of the sea and marine resources has considerably increased. But the status and activities of intern a tional organizations related to maritime shipping, fisheries, scientific research in the World Ocean and the protection of the marine environment have not yet, as a whole, been represented in the scientific and reference literature. It would be fair, though, to mention that some general information on marine international organizations may be found in the Yearbook of International Organizations, Brussels, 1979; in Annotated Acronyms and Abbreviations of Marine Science Related International Organizations, U. S. Department of Commerce, 1976; and in the UN Annotated Directory ofIntergovernmental Organizations Concerned with Ocean Affairs, 1976. Voluminous informa tion on organizations engaged in problems of the exploration and use ofthe sea is given in International Marine Organizations by the well-known Polish scientists Lopuski and Symonides, 1978. Meanwhile the increasing volume of practical work related to the participa tion of governmental and scientific bodies as well as individual scientists and specialists in these organizations, the necessity of long-term planning in this field, and the perspectives of the development of these organizations, make necessary a special publication depicting the structure and many-sided activi ties of such international bodies. This book is the first one in which the most complete information on the main marine international organizations is presented.
Steel: Carriage by Sea provides invaluable information on how to prevent claims arising when transporting steel, including careful handling, good stowage and care of cargo throughout its entire journey. This book covers every aspect of the transportation and surveying of steel products carried on ships. The fifth edition provides practical advice on: • How to prevent damage to steel cargoes • How to deal with subsequent claims • The different types of steel products manufactured and their particular packing requirements • How the various types of steel products should be loaded, stowed, lashed, secured and ventilated aboard a ship • Maintenance of the ships’ hatchover, tanktop strength and cargo documentation • The surveying and claims handling of the various typesof steel products • The corrosion process of steel
Freight Forwarding and Multimodal Transport Contracts, 2nd Edition, is a comprehensive guide to the law in relation to contract forms and terms created by operators, trade associations or international bodies such as the UN and used as a basis for trading conditions by freight forwarders, logistics suppliers, combined or multimodal transport operators and container operators. This second edition examines the latest editions of contract forms and terms, both where their object is the supply or procurement of multimodal carriage, as well as where they are directed to the use of combined transport equipment (ie containers, swap bodies). Of particular prominence will be a detailed examination of the latest versions of conditions used by the principal UK forwarding, logistics, intermodal and container operators such as the British International Freight Association (BIFA) conditions 2005A and the current Freightliner Conditions as well as updates on many of the conditions in use and legal developments relevant to them, eg Road Haulage Association Conditions 2009, Maersk Conditions of Carriage, TT Club Conditions.
This book is a successor to Robin Burnett's Law of International Business Transactions. It provides an up-to-date analysis of the legal environment for international trade and covers:the changes made to payment and letters of credit by reason of the adoption of the UCP 600, which became effective in 2007, and other means of payment which are currently used; the provisions and possible adoption of the UNCITRAL Draft Convention on the Carriage of Goods Wholly or Partly by Sea; recent developments in the law relating to international sale of goods; the question of international arbitration and other means of dispute resolution; and the strategies and issues of international operations while incorporating and building on the comprehensive information and material in the previous book.It will assist practitioners and students in their understanding of the legal and practical aspects of international and overseas trade and operations.
The second edition of this popular handbook has been thoroughly updated by the original team of experts and some new contributors, to provide current best practice guidance on the key legal information issues for every type of service. Each of the chapters is updated to reflect general changes in law libraries and their users in the past seven years. In particular, the handbook covers new information technologies, including social networking and communication. New chapters also focus on the key topics of outsourcing, and the impact of the 2007 Legal Services Act. The second edition of this valuable handbook continues to be an important professional reference tool for managers and staff of all types of legal information services, and will help them with the challenges they face in their work every day.

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