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Brice on Maritime Law of Salvage
The European Human Rights Reports provide text judgments of key cases decided in the European Commission and Court of Human Rights since 1979. They offer a selection of significant cases from the Strasbourg European Court of Human Rights, of direct relevance to criminal and commercial lawyers
Brice on Maritime Law of Salvage
Providing coverage of the latest developments in all aspects of the law of torts, this First Supplement brings the 20th Edition of Clerk & Lindsell on Torts fully up to date. The Supplement discusses recent case law, legislation and issues affecting the practice and development of tort law.
Report of the Re-opened Formal Investigation Into the Loss of the FV Gaul
This publication sets out the report of the re-opened formal investigation into the loss of FV Gaul, a fishing trawler last seen off the Norwegian coast in February 1974, resulting in the loss of its 36 crewmen. The original formal inquiry concluded that the vessel had foundered and capsized, without making any distress calls, after being battered by heavy seas. The report is divided into two sections. The first part includes: a brief historical account of the loss of FV Gaul, and the concerns surrounding its loss; the vessel's design features, the regulatory measures in place at the time it was built and its service history; the experience of its skipper and crew; a detailed account of its ...
Marsden on Collisions at Sea
Helps the reader keep abreast with the developments in Personal Injury, covering the cases, statutes and regulations, with their implications for practitioners. Providing analysis and summaries of PI cases, this book also gives the reader expert guidance on personal injury law with articles written by both claimants and defendants
Limitation of Liability for Maritime Claims
Limitation of liability for maritime claims is an important system for the shipping industry. The original rationale for such a system was to encourage the shipping enterprise. However, in our today's much changed world, the system has been under severe attack and has been described as `hopelessly anachronistic'. Yet, the debate over repeal or retention of the system is far from settled. This book traces the history and development of limitation law around the world. It compares various limitation laws in operation under different legal regimes. In particular, it analytically scrutinizes the limitation systems under U.S. law, Chinese law and international conventions. It explores the possibi...
Regulation of Risk
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.
Wilful Misconduct in International Transport Law
The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.
Underwater Cultural Heritage and International Law
The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001, which entered into force internationally in 2009, is designed to deal with threats to underwater cultural heritage arising as a result of advances in deep-water technology. However, the relationship between this new treaty and the UN Convention on the Law of the Sea is deeply controversial. This study of the international legal framework regulating human interference with underwater cultural heritage explores the development and present status of the framework and gives some consideration to how it may evolve in the future. The central themes are the issues that provided the UNESCO negotiators with their greatest challenges: the question of ownership rights in sunken vessels and cargoes; sovereign immunity and sunken warships; the application of salvage law; the ethics of commercial exploitation; and, most crucially, the question of jurisdictional competence to regulate activities beyond territorial sea limits.
Compulsory Insurance and Compensation for Bunker Oil Pollution Damage
Oil tankers are not solely to blame for pollution at sea. Non-tankers have released numerous spills. The International Convention on Civil Liability for Bunker Oil Pollution Damage has been adopted, but has not yet come into force. This timely and comprehensive book studies compulsory insurance, its main purpose of ensuring compensation and its interrelations with other features such as the rule of strict liability, the limitation of liability of that convention.
The Impact of the UK Human Rights Act on Private Law
The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.
