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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.
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.
Civil Liability for Accidents at Sea
This book presents a study on civil liability for accidents at sea, with a focus on the interests of parties that are not contractually participating in the maritime enterprise. Shipping and the maritime offshore industry are among the most international businesses in the world, and the operation of ships and facilities at sea can involve very different interests in a wide variety of relationships. Although there is an international legal framework that covers the most frequent types of cases, questions remain regarding the interplay of international and national legislation. Addressing those questions, the first part of this study analyses the rules and the limits of international regulation applicable at sea, namely regarding compensation for pollution damage. The second part focuses on the jurisdictional rules and conflict-of-law rules that may be used to deal with cases beyond the scope of international legislation, in accordance with the law of the sea.
The Mediterranean Sea
Over the last century, the Mediterranean Sea has experienced significant alterations due to natural processes and human activities. Some key changes include sea level rise, temperature changes, salinity fluctuations, circulation patterns, erosion and sedimentation, loss of biodiversity, pollution, and overfishing, etc. It's important to note that while many of these alterations are driven by natural processes, human activities have accelerated and exacerbated these changes. Addressing these issues requires concerted global efforts to mitigate climate change, reduce pollution, and promote sustainable management of natural resources.
Law of Yachts & Yachting
The book is the first comprehensive treatise on the law relating to yachts and provides its readers with a thorough analysis of maritime law as relevant to the superyacht sector. Written by a team of leading yachting practitioners and researchers, it covers the legal issues arising during the life of a yacht. The book is written for the legal practitioner, yacht-broker and manager concerned with the operation of professionally crewed yachts including financing, registration, chartering, insurance, compliance and casualty management. Key Features - •This is the first and only practitioners’ book on the area •It covers all major aspects of yachting law in a single book •The Law of Yachts and Yachting is highly comprehensive - despite its main focus on contract and tort law, it contains references to public law and international law and practice •References to case law, English, foreign and international •Appendices containing essential source materials
The Regulatory Landscape of Ship Recycling
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. In this authoritative book, Ioanna Hadjiyianni and Kleoniki Pouikli incisively map out the regulatory landscape of ship recycling, exploring the main international and European regulatory approaches that govern its environmental impacts. In light of the transnational demands of environmental justice, they critically assess the interaction between multiple regimes from the perspective of key environmental principles and the EU’s attempts to steer regulatory developments in this field.
Maritime Law Evolving
To mark the 30th anniversary of the Institute of Maritime Law at Southampton University, current and former maritime law researchers came together to discuss the evolution of this fascinating area of law in the last 30 years and to stimulate discussion on its possible future. Their papers, edited by Professor Malcolm Clarke under the title Maritime Law Evolving, provide a series of thought-provoking essays on the most controversial and topical issues which have occupied maritime law researchers in the last three decades and which will continue to be at the heart of this ever-evolving discipline in the foreseeable future. The resulting work cuts across disciplines, spanning developments in areas as diverse as the management of the oceans and the evolution of the carriage and insurance sides of shipping law, including the ever- increasing influence of the European legislator in matters of conflict of laws and enforcement.
The Climate of the Mediterranean Region
The Mediterranean region contains a diverse and interesting climate ranging from areas with permanent glaciers to areas of subtropical, semiarid regions. The region is potentially sensitive to climate change and its progress has environmental, social, and economic implications within and beyond the region. Produced by the Mediterranean Climate Variability and Predictability Research Networking Project, this book reviews the evolution of the Mediterranean climate over the past two millennia with projections further into the twenty-first century as well as examining in detail various aspects of the Mediterranean region's climate including evolution, atmospheric variables, and oceanic and land ...
International Maritime Conventions (Volume 3)
For the first time, this unique text brings together all private international maritime law conventions alongside expert commentary and analysis. Truly global in approach, the book covers each of the nineteen conventions currently in force, all scrutinised by this internationally-acclaimed author. It also examines important maritime conventions not yet fully ratified, including the topical Rotterdam Rules. This comprehensive resource provides a thorough treatment of both wet and dry shipping treaties, combining breadth of coverage with depth of analysis. In this third volume, the author covers the key conventions dealing with pollution and safety at sea. In particular, the author covers the ...
