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Cartner on the International Law of the Shipmaster: On The New Command at Sea 2nd ed


ISBN13: 9781032255392
Published: January 2024
Publisher: Informa Law from Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2022)
Price: £185.00
Hardback edition , ISBN13 9781138780408



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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.

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.

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
This book is an invaluable reference for shipmasters, maritime lawyers, and students of maritime law worldwide.

Subjects:
Shipping, Transport and Maritime Law
Contents:
Prologue :THE CIVIL COMANDER
Part 1: Shipping and Navies
Part 2: Definition of Civil Command at Sea
Part 3: The Maritime Venture
Part 4: Seven Pillars of Wisdom
Part 5: The Nine Duties of the Civil Commander
Part 6: From Whence the Civil Commander Came
Part 7: Modern Laws and the Licensee and Appointee
Part 8: Technologically-Driven Revolution in Shipping
Part 9: The TITANIC
Part 10: The Last Century?
Part 11: Hang [Him or Her] from a Sour Apple Tree!

Chapter 1 : THE DUTY OF SELF: Toward the Compleat Civil Commander at Sea
Part 1: The Duty of Self and of Self-Competence
Part 2: The Fit and Informed Self-Competent Civil Commander
Part 3: Civil Commander Resilience
Part 4: The Civil Commander Manager
Part 5: Lead, Follow or Get Out of the Way
Part 6: The Progression To Command
Part 7: Three Existential Identities
Part 8: Death, Be Not Proud
Part 9: The Legal Duties of Self to the Offices Held and to Others

Chapter 2: THE DUTY TO PUBLIC AUTHORITY: The Regulatory Regime of Command at Sea
Part 1: How the world is organised
Part 2: Registry States
Part 3: Coastal States
Part 4: Port States
Part 5: The Natal state
Part 6: Interdiction

Chapter 3: THE DUTY TO PRIVATE AUTHORITY: The Private Tactical Mission in Command at Sea
Part 1: Agencies of the Shipmaster
Part 2: The Owner
Part 3: The Shipmaster and His or Her Agency
Part 4: The Shipmaster’s Agency Contract
Part 5: Acts within the Scope of Authority.
Part 6: Torts of the Shipmaster
Part 7: Limitation of the civil commander's liability
Part 8: The Seven R’s: (1) Repudiation (and Nullification), (2) Rescission (pleaded and Cancellation), (3) Renunciation, (4) Release, (5) Ratification (And Acquiescence and Waiver) and (6) Retroactiveness

Chapter 4: THE DUTY TO THE VESSEL: The Command-worthy Vessel and Commander at Sea
Part 1: Seaworthiness
Part 2: The Conventions as to Vessels.
Part 3: Solas 78 as to the duty of the Vessel
Part 4: Security of the vessel
Chapter 5: THE DUTY TO CARGO: The Duty Safely to Carry and Contain
Part 1. Observing and Measuring Cargo
Part 2: The Bill of Lading
Part 3: SOLAS 78 Chapter VI
Part 4: SOLAS 78 Chapter VII– Carriage of Dangerous Goods
Part 5: Charterparties

Chapter 6: DUTY TO LIFE
Part 1: The MSC 2006
Part 2: MLC 2006 Title 1: Minimum Requirements for Seafarers
Part 3: MSCL, 2006 Title 2: Conditions of Employment
Part 4: MLC 2006 Title 3: Accommodations, Recreational Facilities, Catering
Part 5: MLC 2006 Title 4: Health Protection, Medical Care, Welfare, Social Security
Part 6: MLC 2006 Title 5: Compliance and Enforcement
Part 7: Other Lives
Part 8: The STCW 95 as Amm.
2010
Part 9: Unsafe, Dangerous and Enclosed Spaces

Chapter 7: DUTY TO THE VOYAGE: The Voyage is the Mission
Part 1: SOLAS 78
Part 2: Radiocommunications
Part 3: STCW and the New Civil Commander
Part 4: International Code for Ships Operating in Polar Waters (the Polar Code)
Part 5: The Mission Must Continue: Deliver the Goods

Chapter 8: DUTY TO THE ENVIRONMENTS: Air and Ocean, Inside and Out
Part 1: Fire and the Internal Environment
Part 2: The External Environment and MARPOL 73/78

Chapter 9: EPILOGUE: THE DUTY TO INFORMATION AND THE STEPS TO CHANGE
Part 1: The Civil Commander
Part 2: Vessels and Command