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The Liability of Classification Societies
Because the liability of ship owners is limited, classification societies have been considered as exempt from liability. This book analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or American maritime law. In addition, it develops the fundamental aspects of an international convention on the limitation of the liability of classification societies.
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.
الوجيز في قواعد التجارة البحرية وفقا للاتفاقيات الدولية وبعض القوانين الداخلية (المصري - والسعودي - والإماراتي). الجزء الأول، صلاحية السفينة للملاحة البحرية
يتناول هذا الكتاب «الوجيز في قواعد التجارة البحرية وفقا للاتفاقيات الدولية وبعض القوانين الداخلية ``المصري - والسعودي – والإماراتي``، الجزء الأول، صلاحية السفينة للملاحة البحرية» عددا من الموضوعات تدور حول: (ماهية قواعد التجارة البحرية، ماهية السفينة، الرقابة الإدارية على سلامة السفن، الرقابة الفنية على السفن، هيئات التصنيف البحرية، والإدارة الآمنة والسليمة لتشغيل السفن)، وذلك في خمسة فصول. Descriptor(s): MARITIME LAW | NAVIGATION | SHIPS | INTERNATIONAL AGREEMENTS | INTERNATIONAL TRADE | EGYPT | SAUDI ARABIA | UNITED ARAB EMIRATES
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 Law of Open Societies
This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.
The Environment and International History
Studies of the history of international relations traditionally have focused on the decisions made by those at the highest levels of government. In more recent years, scholars have expanded their attention to cover economic, cultural, or social interactions among nations. What has remained largely ignored, however, is the impact of an increasingly-interdependent world upon the environment and, conversely, how environmental concerns have affected the ecology, social relationships, economics, and politics at national, regional, and global levels. The Environment and International History fills this gap, looking at the interrelationship between international politics and the environment. Using a transnational and interdisciplinary approach, this book examines how imperialism, war, and a divergence of interests between the developed and underdeveloped world all have had implications for plants, animals, and humans worldwide.
