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The International Law of the Shipmaster by John A. C. Cartner,Richard Fiske,Tara Leiter Pdf
A comprehensive review of the laws and regulations governing the shipmaster including customary law, case law, statutory law, treaty law and regulatory law, covering: • A brief history of the shipmaster • Manning and crewing requirements in relation to vessel registration • Comparison of regimes of law of agency for shipmasters and crews across jurisdictions • Examination of shipmaster liability (civil and criminal)
The Duty of the Shipmaster to Render Assistance at Sea under International Law by Felicity G. Attard Pdf
This study examines the shipmaster’s duty to render assistance at sea under international law. This duty is assessed in the light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. The approach undertaken gives special emphasis to the shipmaster’s responsibilities in rescue operations, and his role in the fulfilment of States’ international obligations in the rendering of assistance.
Cartner on the International Law of the Shipmaster by John A. C. Cartner Pdf
This unique book rethinks and rewrites the previous edition. It categorises simply the nine interactive legal duties of the shipmaster, analysing and relating them to laws and conventions within a single volume. Cartner on the International Law of the Shipmaster contends that command depends on decision-making, and that shipmasters are not provided sufficient, timely, relevant, and pertinent information for command decisions. The book proposes voyage planning follow the spacecraft model of the USA's National Aeronautics and Space Administration, providing readers with a metric for command. It constructively criticises the conventions and management and is aimed at reducing catastrophes by focusing on the hitherto elusive human factor in the shipmaster. Cartner proposes that command at sea be its own profession and discipline with those called to it specifically trained in its intricacies; he argues that current ships are not designed to be command-worthy or security-worthy and that management should reorder its relationships with shipmasters as tactical managers afloat. The insights the book provides are an invaluable aid to decision making for the modern civil commander and anyone association with this pivotal and essential profession. This book is a necessary reference and guide for shipmasters, technologists, naval architects, regulators, underwriters, students, practitioners and courts of maritime law and command worldwide.
International Law of the Shipmaster by John A. C. Cartner Pdf
"This unique text provides a comprehensive review of the laws and regulations governing the modern shipmaster, all in one complete volume. The only source which surveys the law in all IMO member states, this book provides an expert comparison of the law of agency for shipmasters and crews across multiple jurisdictions, encompassing liabilities and penalties from around the globe. It uniquely conceives of civil command in nine mutually exclusive, exhaustive, interactive, synthetic legal duties within eponymous chapters underlain by the paramount duties to safety, security, containment and readiness of the vessel within emerging technology. The book opens with a brief history and survey of the law of the shipmaster, both internationally and on a domestic level. The author then expertly addresses vital issues including certification, nationality, and taxation requirements; a comparison of regimes of law of agency for shipmasters and crews across jurisdictions; and an examination of shipmaster duties, liabilities, and penalties in all IMO member states. The insights it provides constitute an invaluable aid to decision making for the modern master and anyone association with this pivotal profession. It proposes a doctrine of command-worthiness for vessels designed for command and for civil commanders trained for them. New to this edition are brand new chapters on : criminalization. Third parties at sea : pirates, refugees, and stowaways. Shipyards and other vendors. Fishing and offshore. Insurance. Maritime security, foreign navies, coastguards and customs Port agents It offers cost-effective alternatives to wholly-automated vessels, such as using the National Aeronautics and Space Administration (U.S.A.) model of precise mission preplanning and control with the mission plan, and a digital twin of every vessel for the use of the civil commander, management, shipyards and trainers. This book is an invaluable reference for shipmasters, maritime lawyers, and students of maritime law worldwide"--
International Maritime Law from the Russian Perspective by Vasiliy Gutsulyak Pdf
This book is one of the most comprehensive guides to international maritime law from the Russian perspective. It consists of three relatively independent sections: Russian Maritime Law, International Public Maritime Law, and International Private Maritime Law. First section discusses the development of the maritime law as a branch of the Russian law. It examines concepts and sources of the Russian federal laws, secondary legislation and customs, including the influences guiding the future of Russian law of the sea. . The second section examines International Public Maritime Law including the principles, sources, subjects, as well legal status of the vessel, including the vessel's state flag, her name, state registration, the problem of "flags of convenience", vessel's documents, the crew, and the master. This section further details the current international legal regime of maritime spaces, provisions concerning legal protection of marine environments, ensuring navigation safety, international legal regulation of the work of seamen, international inter-governmental marine organizations, and settlement of international public marine disputes. The third section is devoted to International Private Maritime Law and discusses its principles and sources, conflict-of-law rules, structure and types, and the main choice-of-law principles used today in international private maritime law. This section also discusses the following institutions and sub-branches within international private maritime law including: carriage of cargoes and passengers by sea, general average, salvage, collisions of vessels, marine insurance, limitation of liability, international non-governmental maritime organizations, and settlement of international private marine disputes.
Business and Law for the Shipmaster by Frederick Neville Hopkins Pdf
A modern comprehensive reference covering registry, classification, crew matters, carriage of passengers & goods, marine insurance, limitation of liability, & much more.
Operational Law in International Straits and Current Maritime Security Challenges by Jörg Schildknecht,Rebecca Dickey,Martin Fink,Lisa Ferris Pdf
This book addresses a wide range of contemporary operational maritime law issues across the spectrum of operations. It provides sophisticated analyses and insights, and offers new interpretations of topics that are directly relevant for contemporary naval operations.The book examines unresolved legal issues in order to provide guidelines for conducting maritime operations, and also offers reference material for general education on the law of naval operations. Further, it serves as a comprehensive resource for operational doctrine and military planning, and presents an approach to dealing with multiple legal issues that demonstrates how modern military operations at sea can legally be executed. Focusing on operational and tactical topics, it is a valuable addition to the bookshelves of military lawyers and operators alike.
Author : Daniel Patrick O'Connell Publisher : Oxford ; New York : Clarendon Press Page : 604 pages File Size : 44,5 Mb Release : 1982 Category : Language Arts & Disciplines ISBN : UOM:39015004318898
International Law for Seagoing Officers, 6th Edition by Craig H Allen Pdf
For those who operate on, under and over the sea, international law can sometimes be as complex as it is important. Written by the same former seagoing officer and maritime law professional who authored the current edition of Farwell’s Rules of the Nautical Road , this book was designed to bring clarity and context to international law for the seagoing professional. Following an introduction to public international law and a short history of the law of the sea, the book describes the rules that apply in ports and in the adjacent maritime zones, including the territorial sea, exclusive economic zone, archipelagic waters and the high seas. A highlight of the book are the chapters that focus on the subjects of greatest interest to the seagoing professional, including military and intelligence activities in the maritime domain, maritime law enforcement activities and the use of force at sea. The appendices include the text of the 1982 UN Convention on the Law of the Sea. Whether an academy cadet, a midshipman, a seasoned commanding officer, or a master mariner, readers of this thorough and timely book will be rewarded with a far greater understanding of the international laws that govern ships and mariners at sea.
Responsibility and Accountability in Maritime Law by Simon Daniels Pdf
The criminalisation of seafarers has been observed as a growing phenomenon for more than forty years, presenting a picture of increasing liability upon the Master even though their responsibilities remain essentially unchanged in generations of maritime law. Because of the demand by society to find someone to blame for environmental and human loss, there is a constant flow of cases, which serve to confirm the phenomenon but offer no solutions to defend the innocent. The structure of the maritime environment in which they work has changed dramatically, as evidenced by the complex evolution of fleet ownership and management, leaving the Master with diminished management influence. This book has been written in a format which meets the needs of lawyers, academics and maritime professionals, with the aim to analyse the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation and identifies the constituent problems in such criminal accountability. Each chapter relies heavily on case studies to illustrate how the laws which reflect national policy underpinning those priorities are applied in practice. This structure enables an understanding of the problems in the criminal process, with a view to offering options for solutions. The book is directly relevant to a broad range of parties which includes lawyers, academics, P & I clubs, seafarers, shipowners, managers and agents, and national and international seafaring unions.
