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Third Party Protection in Shipping by Carlo Corcione Pdf
This book examines third party protection in shipping. Today, shipping is not just a part of the supply chain; it is indistinguishable from it. Once at the periphery, third party protection is now a central element of carriage. This matter is addressed by means of analysis of the current legal framework in relation to third parties and an evaluation of how, within this framework, the law applicable to a third party may be uncovered. Third party protection is analysed under the following: the Hague/Hague-Visby Rules; the Hamburg Rules; the Rotterdam Rules; English law and United States law; and civil law. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in shipping and international trade.
The Function of Protection & Indemnity Marine Insurance in Relation to Ship Owner ́S Liability for Cargo Claims by Joseph Tshilomb JK, LLM;MSc Pdf
In the early days of shipping and international maritime trade many more casualties occurred at sea. Ever since, ship owners liability for cargo claims has been increasing both in number and in cost in spite of the huge technical development in international maritime transport. In order to make it easier for ship owners to operate safely and efficiently the Protection and Indemnity appeared around 1870 as mutual marine insurance. Besides Hull & Machinery and Cargo Insurance offered on the international commercial market in insurance, Protection and Indemnity Insurance (known under the acronym P&I) is a ship owners insurance cover for legal liabilities to third parties. This cover is generally achieved by entering the ship in a mutual insurance club. Nowadays, the mutuality is performed by an underwriter who endeavors to see that each owner carries his fair share of the risk. The members of P&I clubs are ship owners, charterers or ship management companies. At present, a major function of the Protection and Indemnity insurance is to cover the ship owner for legal and contractual liability for loss of cargo or damage to cargo if there has been a breach of the carriage contract. This liability is called Third party liability. The ship owner will handover the cargo claim to his P&I Club. In order to clarify this liability, Article 3, Paragraph 2 of the Hague Visby rules stipulates: Subject to the provisions of Article 4 the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried. Therefore, the focus in this research study is placed on the function of Protection and Indemnity insurance covering the ship owners liability for damage to cargo or loss of cargo.
Arbitration Clauses and Third Parties by Asli Arda Pdf
This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties. This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses.
A Critical Analysis of the Protection offered to Third Parties in Respect of Liabilities and Immunities under a Bill of Lading by Alicia Danielsson Pdf
Essay from the year 2015 in the subject Law - Miscellaneous, grade: 1,0 (A), , language: English, abstract: The transportation of goods between exporters in one country and importers in another is one of the most important elements of international commerce and thus constitutes a significant part of an international sales contract. Even today, a large amount of cargo is still transported from one country to another by sea. Thus, bills of lading continue to play a crucial role. As defined by Lord Justice Blackburn in “Blackburn on the Contract of Sale” , a bill of lading is "[a] writing signed on behalf of the owner of ship in which goods are embarked, acknowledging the receipt of the Goods, and undertaking to deliver them at the end of the voyage, subject to such conditions as may be mentioned in the bill of lading." For a carrier, a bill of lading serves as evidence of a shipping contract and contains the terms of carriage. In particular, as any agreements not specified on the bill of lading do not affect third parties, the bill plays a crucial role in international trade. In terms of international universal rules which are applicable for international carriages, and especially bills of lading, the most influential sets of rules are the Hague Rules and the Hague-Visby Rules, as well as the Hamburg Rules. Accordingly, the responsibilities and liabilities of carriers in cases in where goods are being transported on the basis of bills of lading are determined by the Hague and the Hague-Visby Rules, which are widely accepted in this realm. The Hamburg Rules, in contrast to the previous two, has found itself under more political pressure from developed nations and hence defines responsibilities of carriers in a wider fashion. However, due to this, it has not been as widely ratified and is, thus, more limited in its application. However, due to the less wide net of the Hague-Visby Rules in relation to the period of responsibility as well as definitional issues regarding the limitation of liability and immunities of third parties in bills of lading, there is still a sense of uncertainty in the area of carriage contracts. These will be briefly discussed in the following. A particular focus will be placed on the issues in defining third parties and the mechanisms used to link the effects of tortious claims to contractual claims under international uniform law. This will be followed by an examination of the rationale and legitimacy issues of Himalaya clauses to grant third parties liability protection under universal international law.
The Handbook of Maritime Economics and Business by Costas Grammenos Pdf
This book is the founding title in the Grammenos Library. The diversity of the subjects covered is unique and the results of research developed over many years are not only comprehensive, but also have important implications on real life issues in maritime business. The new edition covers a vast number of topics, including: • Shipping Economics and Maritime Nexus • International Seaborne Trade • Economics of Shipping Market and Shipping Cycles • Economics of Shipping Sectors • Issues in Liner Shipping • Economics of Maritime Safety and Seafaring Labour Market • National and International Shipping Policies • Aspects of Shipping Management and Operations• Shipping Investment and Finance • Port Economics and Management • Aspects of International Logistics
Regulation of Risk by Abhinayan Basu Bal,Trisha Rajput,Gabriela Argüello,David Langlet Pdf
Regulation of Risk provides comprehensive insight into regulation of risk in transport, trade and environment. Contributions provide national, regional and international perspectives on pressing questions: How is risk conceived in light of novel technological deployment, climate change, political upheaval, evolving geopolitics, and the COVID-19 pandemic? What legal tools such as contractual frameworks and governance structures are available to manage the changing landscape of risk? This book highlights the importance of dialogue and collaborative decision-making on risk between policymakers, institutions, societal stakeholders and the scientific community.
Shipping Operations Management by I.D. Visvikis,P.M. Panayides Pdf
This book focuses on the management of ship operations, an activity that requires integrative knowledge and technical expertise that spans various disciplines. As such, ship operations personnel are expected to be well-versed with aspects of management, economics, engineering, technology and law. Further, ship operations management requires the ability to identify and neutralize threats and to manage risks and make decisions that will optimize costs and contribute to performance improvements. Despite the fundamental nature of ship operations management, no book has ever attempted to reconcile and compile a comprehensive body of knowledge, while pursuing a coherent, structured and systematic approach. This edited volume addresses that fundamental gap in the extant literature, and brings together a wealth of knowledge from experts in their respective fields. Concretely, it explores issues of organization, technical management, crewing and behavioral issues, chartering and post fixture, risk management, finance, legal aspects of international conventions and regulations, attainment of safety, security and marine insurance, as well as ocean governance and sustainability. As such, the book offers a vital reference guide for maritime companies and organizations, while also serving as a teaching supplement in academic and professional maritime programmes.
The Law of Ship Mortgages by David Osborne,Graeme Bowtle,Charles Buss Pdf
Thought to be the most comprehensive guide to English law relating to ship mortgages, the second edition of The Law of Ship Mortgages has been highly anticipated. This fully-updated and complete explanation provides practitioners with a practical, commercially-based, and definitive guide to the English law of ship mortgages as well as important related areas such as conflict of laws and insolvency. The authors, being seasoned practitioners themselves, bring their practical experience to bear on a number of difficult and developing areas of the law, such as: mortgagees’ duties, liability to charterers, conflicts of laws, work-outs and cross border insolvency. New to this edition: In-depth analysis of noteworthy cases such as The WD Fairway litigation, PK Airfinance v Alpstream, and Tropical Reefer and Anton Durbeck v DNB Enhanced coverage of issues such as security interests in ships, priority, and third party involvement Completely revised and reordered content, to better reflect practitioner needs Written with practitioners in mind, this new edition will be extremely useful to legal professionals working in any jurisdiction that is involved in international ship finance, as well as post-graduate students and academics.
Modern Maritime Law and Risk Management by Aleka Mandaraka-Sheppard Pdf
Modern Maritime Law and Risk Management provides comprehensive coverage of contemporary international admiralty and maritime law in an easily accessible style. It brings together substantive law, jurisdictional issues and international aspects of maritime liabilities and compensation with a practical discussion of modern risk management. The book is an essential guide for marine lawyers worldwide, students, shipowners, ship managers, salvors, shipbrokers, mortgagees, P&I Clubs, shipbuilders, port authorities, classification societies, regulators and other shipping and risk management professionals. With a wealth of information covered, the book is helpfully divided into four parts – Admiralty Jurisdiction and Procedure; Substantive Law; International Conventions; and Safety at Sea.
The Law of Carriage of Goods by Sea by Arun Kasi Pdf
This book, written in three parts, covers the basics of the international trade, financing and the legal framework related to the law of carriage of goods by sea, elaborates on bills of lading in depth and sea waybills and ship’s delivery orders in brief and charterparties in depth. While the book is based on the English law, cases and materials from other jurisdictions, particularly Singapore, Malaysia, India, the USA, and Australia are brought in to provide an international perspective. The practical analyses, commentary and critiques of cases would be a useful guide for practitioners in developing case arguments. Although written with practitioners, academicians and students in mind, the book will also serve as a useful guide for sea carriers, freight forwarders, international traders, financiers, etc. as the complex subject is presented in reader-friendly and easy to grasp manner.
Modern Maritime Law (Volume 2) by Aleka Mandaraka-Sheppard Pdf
This unique title examines in depth issues of jurisdiction, maritime law and practice from a modern perspective and highlights the importance of risk management with a view to avoiding pitfalls in litigation or arbitration and minimising exposure to liabilities. The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities. The second volume tackles the substantive maritime law with a particular emphasis on risk and liabilities, and analyses issues of contract, tort and criminal law, causation and remoteness of damages. Key features of Volume Two include: An analysis of the regulatory regime, new EU and IMO safety at sea legislation, reforming practices for flag states and recognised organisations, vetting, codes of good practice, and International Conventions. An explanation of the Rules of attribution of liability, the impact of the ISM Code upon liabilities, including criminal, corporate manslaughter, and the new Directive for ship-source pollution. Important developments in areas including: Ship-managing risks, best endeavours and fiduciary duties Mortgagees risks and economic torts New BIMCO standard terms of contracts Ship-sale risks – including sale ‘as is’ and ‘as she was’ Shipbuilding risks – guarantees and performance bonds New trends on wrongful acts of employees, collisions and measure of damages, salvage issues, environmental salvage, and towage contracts Piracy risks cases and general average New perspectives on risks and liabilities of port authorities Pollution liabilities, including trends of prosecution of class societies and charterers and new limits of liability under International Conventions Purchase Volumes 1 and 2 of the Modern Maritime Law together for a reduced price at http://www.routledge.com/books/details/9780415843201/
Your Compass to Maritime Mastery As boundless as the oceans, the field of maritime studies has charted the course of human civilization for centuries. It's an ever-evolving realm where the waves of change constantly reshape the contours of knowledge. In this expansive sea of understanding, having a reliable compass is indispensable. The Dictionary of Maritime, with its compendium of 4,645 meticulously curated entries, aims to be that navigational aid guiding enthusiasts, professionals, and scholars alike through the complex waters of maritime terminology. Our journey begins at the shores of basic nautical terms, ventures through the straits of maritime law, navigates the currents of naval architecture, and explores the depths of oceanography. Each entry within this dictionary is akin to a nautical star, guiding readers through the dense fog of maritime jargon towards the clarity of comprehension. The Dictionary of Maritime is far more than a mere collection of definitions; it's a lighthouse illuminating the path for those sailing the tumultuous seas of maritime studies. Whether you are a seasoned mariner, a maritime law scholar, a naval architect, or an oceanography student, this dictionary is designed to bridge the gap between the arcane and the understood, between obscurity and clarity. This book is not merely a passive repository of maritime terms but an active engagement with the rich tapestry of maritime knowledge. Each term, each phrase is a portal into a vast world that has shaped, and continues to shape, the course of human history. The terms encapsulated within these pages are buoy markers on your journey through the expansive waters of maritime understanding. Our endeavor is to foster a shared lexicon, a common ground of understanding that can enhance communication, collaboration, and comprehension across the myriad sectors within the maritime domain. By doing so, we aspire to contribute to the safety, efficiency, and evolution of the maritime world. As you delve into the pages of The Dictionary of Maritime, you are embarking on a voyage of discovery. Each term you encounter is a nautical mile on your journey towards a deeper understanding of the world that lies beyond the horizon. We invite you to hoist the sails of curiosity and let the winds of knowledge guide you through the enlightening pages of The Dictionary of Maritime. May your quest for understanding be as boundless as the oceans and may your exploration through these entries chart a course towards a lifetime of learning in the maritime realm.
Contract Law Concentrate is a high quality revision guide which covers the key topics found on undergraduate courses. A number of pedagogical features help with the preparation for exams and suggest ways to improve marks.
United States. Congress. House. Committee on Education and Labor
Author : United States. Congress. House. Committee on Education and Labor Publisher : Unknown Page : 1614 pages File Size : 42,8 Mb Release : 1967 Category : Educational law and legislation ISBN : UCAL:B4437671