Modern Maritime Law, Volumes 1 & 2
ISBN13: 9781032917283
To be Published: October 2024
Publisher: Informa Law from Routledge
Country of Publication: UK
Format: Paperback, 2 Volumes (Hardback in 2013)
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 first volume tackles a wealth of complex jurisdictional aspects, ranging from the enforcement of maritime claims to a detailed analysis of the conditions of arrest of ships, including reconsideration of wrongful arrest, beneficial ownership, forum non-convenience and limitations upon the jurisdiction of the English courts.
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 One include:
- Expert analysis of the very latest case law, including noteworthy cases in international jurisdictions
- Highlights important recent changes and developments in: 1. piercing the corporate veil – State immunity
2. conflict of laws and jurisdictions 3. stay of proceedings for breach of jurisdiction or arbitration agreements
4. issues arising from tiered dispute resolution clauses 5. anti-suit injunctions
- Timely examination of the EU jurisdiction scheme and the Review of the Brussels I Regulation
- New Chapter on Freezing Injunctions as compared with the US Rule B Attachment
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: 1. Ship-managing risks, best endeavours and fiduciary duties
2. Mortgagees risks and economic torts 3. New BIMCO standard terms of contracts 4. Ship-sale risks - including sale "as is" and "as she was" 5. Shipbuilding risks - guarantees and performance bonds 6. New trends on wrongful acts of employees, collisions and measure of damages, salvage issues, environmental salvage, and towage contracts 7. Piracy risks cases and general average 8. New perspectives on risks and liabilities of port authorities 9. Pollution liabilities, including trends of prosecution of class societies and charterers and new limits of liability under International Conventions
This book serves as an invaluable reference for lawyers, academics, and a host of shipping and risk management professionals worldwide
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