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.
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 facilitates the development of personal study skills and encourages readers to engage with the leading commentaries in the area. Clearly signposted chapter introductions highlight the salient features under discussion and additional reading collected at the end of each chapter guides further study and independent research. The range of material covered and the straightforward style makes Text, Cases and Materials on Contract Law an invaluable resource for all undergraduate students of contract law.
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
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.
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.
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.
English summary: Largely unnoticed by the law, the maritime trade sector has developed private mechanisms of norm-making, adjudication, and enforcement which can be called transnational law. In this context especially the participation of stakeholders provides legitimation of privately made norms and standards in international maritime trade. German description: In der Rechtswissenschaft werden unter den Stichworten aNeue Lex Mercatoria und aTransnationales Recht seit Jahrzehnten Konzepte eines globalisierten Rechts jenseits des Nationalstaats diskutiert. Weitgehend unbeachtet von derartigen Debatten hat die Seehandelsbranche aufgrund ihrer eigenen Internationalitat die Globalisierung bereits seit langem tatsachlich vollzogen. Der grenzuberschreitende Seehandel hat dabei Institutionen im Bereich von Rechtsetzung, Rechtsprechung und Rechtsdurchsetzung entwickelt, die aufgrund privater Setzung ein transnationales Seehandelsrecht begrunden. Regeln entstehen dabei in Verfahren, die unter breiter Beteiligung von allen Interessentragern des Seehandels zustande kommen. Diese dienen als Beispiel fur die Legitimation eines transnationalen Rechts, das mit staatlichem Recht interagiert und so einen hybriden Rechtskorper - eine Lex Maritima - bildet.
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.
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.
A comprehensive text with a wide range of relevant, interesting case law, statutory material, academic extracts and official proposals for law reform. In a subject that is heavily case based, the contents of Cases and Materials on Equity and Trusts provide a complete source of reference to students. The book is set out in a logical structure which corresponds to the typical undergraduate course in equity and trusts, and is linked by engaging commentary and stimulating questions together with questions for further study. The fourth edition has been revised and updated to include extracts from a number of significant new statutes, judicial decisions and reform proposals. Statutes include the Trustee Act 2000, the Trustee Delegation Act 1999 and the Human Rights Act 1998. Recent significant case law includes House of Lords decisions on tracing (Foskett v McKeown), the equitable liablility of third parties (Twinsectra Ltd v Yardley) and fiduciary conflicts of interest (Fefri Bolkiah v KPMG). There have also been a number of significant recent decisions of the Court of Appeal, including Pennington v Waine; Paragon Finance plc v Thakerar andCo; Gillett v Holt. Notable reform proposals include Law Commission papers on Sharing Homes, Limitation of Actions and the effect of Illegality on Trusts.
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.
Bills of Lading form an essential part of the carriage of goods by sea and international trade. Their multi-functional nature, together with the large volume of case law and regulation, make the law in this field as complex is it is commercially vital. This bestselling book provides a detailed analysis of the law and practice applicable to bills of lading before, during and after shipment, helping today’s busy practitioner to quickly and easily find the information they need. This book has been fully revised and updated with all of the major developments since its first edition, including: Reference to increasingly important Singapore and Far-Eastern decisions An analysis of modern developments in seaworthiness, from vetting and approval clauses to the topical issues of vulnerability and piracy attacks Detailed examination of misdelivery, fraudulent or forged bills of lading, and delivery without production of a bill of lading Revised coverage of conflicts and procedural matters, including anti-suit injunctions, jurisdiction battles and the scope of arbitration Reference to relevant European law relating to issues of jurisdiction and procedure Comprehensive treatment of Switched bills, transhipment, house bills, deck carriage and container cargo New material on the practical implications of electronic bills of lading This text continues to provide an indispensable reference for maritime practitioners and institutions worldwide.
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.
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.
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.
The authors of International Business Transactions: Problems, Cases, and Materials have compiled multi-lateral agreements, model codes, and U.S. statutory law in a Documents Supplement that supports and enriches the study of this dynamic field of law. Part One features multilateral agreements on international business transactions such as United Nations Convention on Contracts for the International Sale of Goods (1980) (CISG) Uniform Customs and Practice for Documentary Credits (UCP 600) (Selected Provisions) (International Chamber of Commerce 2007 World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) (1995) Consolidated Version of the Treaty on the Functioning of the European Union (TFEU) (Selected Provisions) (2008) Part Two features multilateral agreements on arbitration and adjudication, such as United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Selected Provisions) (1958) United Nations Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (World Bank, 1965) International Chamber of Commerce (ICC) Rules of Arbitration (1998) Part Three features U.S. code statutes, such as Alien Tort Claims Act (Alien Tort Statute) (ACTA, ATS) (2006) Carriage of Goods by Sea Act (COGSA), 46 U.S.C.A. and§ 30701 hist. n. (2006) Foreign Corrupt Practices Act (FCPA): Anti-Bribery and Books and& Records Provisions (2006) (Selected Provisions) Part Four features U.S. model codes and treaties, such as: Uniform Commercial Code (UCC) (Selected Provisions) As Presently Enacted in State Law (2009) Uniform Commercial Code (UCC) (Selected Provisions) As Presently Enacted in State Law (2009) Uniform Foreign-Country Money Judgments Recognition Act (2005) 2004 Model Bilateral Investment Treaty (BIT) (Selected Provisions) PART FIVE features guidelines for multinational business enterprises, including: World Bank Guidelines on the Treatment of Foreign Direct Investment (1992) Organisation for Economic Co-Operation and Development (OECD Guidelines for Multinational Enterprises (2000
This authoritative new edition addresses international sales of goods and covers contracts governed by English law and contracts governed by the United Nations Convention on the International Sale of Goods. Contract issues are tackled in detail as well as property matters and most notably those issues arising out of the use of documents of title, such as marine bills of lading. In addition to the rights and duties of seller and buyer, there is substantial material on bankers' documentary letters of credit. The book not only includes commentary on decided cases, but also standard form contracts which represent evolving trade practice. Readers gain a contextual understanding of the trading world in which international sales occur through a thorough and detailed case law analysis. New to this edition is commentary on the Contracts Act as well as discussions on conflict of laws, the construction of commercial contracts and e-commerce. The documentary letters of credit and the UN Convention on the International Sale of Goods are given extensive treatment in this edition.

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