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Cases and Materials on the Carriage of Goods by Sea

Cases and Materials on the Carriage of Goods by Sea Author Anthony Rogers
ISBN-10 9781317610106
Release 2016-02-12
Pages 566
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Cases and Materials on the Carriage of Goods by Sea, fourth edition, offers tailored coverage of the most commonly taught topics on Carriage of Goods by Sea courses. Combining a collection of legislative materials, commentaries, scholarly articles, standard forms and up-to-date English case law, it covers the major areas of chartering and bills of lading as well as matters such as exclusion and limitation of liability. Significant innovations for this edition include: Materials on the Rotterdam and Hamburg Rules, and expanded discussion of the Hague Visby Rules and Charterparties Discussion of some of the most important decisions by the senior courts Pedagogical features such as end of chapter further reading Emphasis on how shipping law operates and is applied in the real world A clear, student-friendly text design with a strong emphasis on research and problem solving This up-to-date collection of materials relating to the carriage of goods by sea will be of value to students of law, researchers and legal practitioners.



Carriage of Goods by Sea Land and Air

Carriage of Goods by Sea  Land and Air Author Baris Soyer
ISBN-10 9781135124199
Release 2013-08-15
Pages 480
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Written by a combination of top academics, industry experts and leading practitioners, this book offers a detailed insight into both unimodal and multimodal carriage of goods. It provides a comprehensive and thoroughly practical guide to the issues that matter today on what is a very complex area of law. From the papers delivered at the 8th International Colloquium organised by Swansea Law School's prestigious Institute of International Shipping and Trade Law, this original work considers current opinions, trends and issues arising from contracts of carriage of goods by sea, land, air, and multi-modal combinations of these, not to mention the legal position of vital participants such as freight forwarders, terminal operators and cargo insurers. The topics under discussion range through issues such as paperwork, piracy, liability for defective containers, damage in transit, the CMR Convention, and the possible effects of the Rotterdam Rules. An indispensable resource for transport lawyers, industry professionals, academics and post-graduate students of maritime law.



Principles of the Carriage of Goods by Sea

Principles of the Carriage of Goods by Sea Author Paul Todd
ISBN-10 9781317801702
Release 2015-10-05
Pages 480
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Principles of the Carriage of Goods by Sea offers students studying this topic as part of their LLM or LLB course an accessible, comprehensive overview of the subject from a leading expert in the field. Written specifically with students in mind, concentrating on principles, and tailored to common law coverage, this title presents all the essential topics and is supported by the following useful pedagogy: Line Diagrams: illustrating the relationships between parties so that this may be understood at a glance; also where appropriate, time lines Case Studies: looking at topical matters such as piracy, and problematic areas of law such as reachable on arrival clauses and the carriage of bulk oil by sea Sample Problem Questions: problem questions and suggestions to help students to prepare for assessment Annotated appendices: concise appendix of the most important legislation and international conventions, with useful annotation from the author that explains these and puts them in context



Cases and Materials on Marine Insurance Law

Cases and Materials on Marine Insurance Law Author Susan Hodges
ISBN-10 9781135346935
Release 2012-09-10
Pages 1012
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This book provides a comprehensive collection of Cases and Materials On Marine Insurance Law. The sources included here are not always readily accessible. Each chapter is introduced with a brief resume of the general principles,before the facts of each case are summarised and the extracts of the relevant parts of judgments reproduced. The significance of the judicial extracts, the statutory materials and standard terms are then discussed with particular emphasis on important and problematical areas of the law.This book will be indispensable not only to postgraduate students of law, in-house lawyers, insurance brokers and claims adjusters, but also to students of maritime studies, legal practitioners and a wide range of professionals within the shipping industry who may wish to have at hand a convenient source of information. Whilst the book is a companion to the authors The Law of Marine Insurance, it is also structured to stand as a marine insurance text in its own right.



Maritime Letters of Indemnity

Maritime Letters of Indemnity Author Felipe Arizon
ISBN-10 9781317915799
Release 2014-05-23
Pages 208
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This unique new title provides expert, hands-on advice as to the law and practice of the maritime letter of indemnity. Detailing the variety of implications that can arise from each type of letter, the authors bring this important and litigious subject to the fore with a view to reducing the commercial and legal risks involved in this core area of shipping and international trade. Key features of this title include detailed legal analysis of: The history of indemnity contracts and letters of indemnity Shipping and international trade contexts where letters of indemnity are used GAFTA sale contract forms and standard letter of indemnity P&I Clubs forms The enforceability of maritime letters of indemnity The rights and liabilities for sellers, buyers, banks and ship owners which arise from the use of letters of indemnity The impact on the system based on the use of bills of lading and on electronic bills of lading Policy issues arising from the use of letters of indemnity in practice and of the practicalities of litigation involving letters of indemnity. As the only text currently on the market covering maritime letters of indemnity in such detail, this book will be an indispensable guide for maritime lawyers, professionals and academics alike, as well as shipowners, charterers, commodity traders and trade finance professionals



Principles of the Carriage of Goods by Sea

Principles of the Carriage of Goods by Sea Author Paul Todd
ISBN-10 9781317801702
Release 2015-10-05
Pages 480
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Principles of the Carriage of Goods by Sea offers students studying this topic as part of their LLM or LLB course an accessible, comprehensive overview of the subject from a leading expert in the field. Written specifically with students in mind, concentrating on principles, and tailored to common law coverage, this title presents all the essential topics and is supported by the following useful pedagogy: Line Diagrams: illustrating the relationships between parties so that this may be understood at a glance; also where appropriate, time lines Case Studies: looking at topical matters such as piracy, and problematic areas of law such as reachable on arrival clauses and the carriage of bulk oil by sea Sample Problem Questions: problem questions and suggestions to help students to prepare for assessment Annotated appendices: concise appendix of the most important legislation and international conventions, with useful annotation from the author that explains these and puts them in context



Transnational Commercial Law Text Cases and Materials

Transnational Commercial Law  Text  Cases  and Materials Author Roy Goode
ISBN-10 0198735448
Release 2015-09-24
Pages 832
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When the first edition of this student work was published some eight years ago transnational commercial law, introduced as a postgraduate course at the University of Oxford in 1995, was taught at a relatively small number of law schools. Since then the subject has blossomed and is now taught at law schools around the world. Focused on the products and processes of the harmonization of law relating to international commercial transactions, the book is an invaluable resource for students in this field. In this new edition the work has been completely revised and updated, covering a number of new or substantially revised international instruments. In addition four new chapters have been added by specialist contributors dealing with regional harmonization, carriage of goods by sea, transactions in securities and the relationship between international conventions and national law. The authority of the text is enhanced by the fact that all the authors have played leading roles in the drafting and development of many of the instruments examined in the work.



Carriage of Goods by Sea

Carriage of Goods by Sea Author Stephen D. Girvin
ISBN-10 0199589917
Release 2011-07-07
Pages 944
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Providing a lucid analysis of the law of carriage of goods by sea in its entirety, text addresses principles, regulation, responsibilities, and obligations within this area of English law. References to major Commonwealth cases add valuable context to the broad coverage.



Shipping Law

Shipping Law Author Simon Baughen
ISBN-10 9781134660193
Release 2015-02-20
Pages 512
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In this well-established textbook, Simon Baughen expertly covers the whole spectrum of English shipping law, placing the highly specialised rules of shipping in a commercial context and relating them to the general principles of contract and tort law. The book’s accessible narrative and useful glossary of key terms will particularly benefit students new to Shipping Law or from non-law backgrounds. In-depth commentary on judicial decisions and well-balanced coverage and analysis of recent and key cases, such as The New Flamenco, The Ocean Victory, and The Kos, provide an up-to-date reference for all students on Shipping Law courses. The comprehensive overview of topics also ensures that the book is ably suited to course use, including discussion of such areas as: Bills of lading Charterparties Salvage Marine Pollution Arbitration Accidents and collisions Fully updated throughout, this sixth edition provides an invaluable source of reference and will be of use to both students and to those in practice.



The York Antwerp Rules The Principles and Practice of General Average Adjustment

The York Antwerp Rules  The Principles and Practice of General Average Adjustment Author N. Geoffrey Hudson
ISBN-10 9781351853354
Release 2017-08-29
Pages 409
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Written from the perspective of the Average Adjuster, and updated to include a detailed analysis of the new rules adopted in 2016, this book is an essential read for practitioners in maritime law and marine insurance. The book contains:? historical references regarding the establishment of General Average from Roman Law onwards; details of the establishment of International rules to achieve uniformity in the adjustment of General Average and their development: the Glasgow Resolutions of 1860;? the York rules of 1864; and the York-Antwerp Rules 1877, 1890, 1924, 1950, 1974, 1994, 2004 and 2016; a detailed analysis of the York-Antwerp Rules 2016;? CMI Guidelines relating to General Average; general average security; general average absorption clauses; and? new to this edition: insurance of average disbursements.



Admiralty Jurisdiction and Practice

Admiralty Jurisdiction and Practice Author Nigel Meeson
ISBN-10 9781317424215
Release 2017-11-27
Pages 660
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Admiralty Jurisdiction and Practice is the definitive work on litigation in the Admiralty Court. It provides unrivalled commentary and analysis of the key principles of admiralty law, from jurisdiction and procedure to forms and precedents, and is firmly established as the leading reference guide for today’s maritime practitioner. The authors also deal with several topics not covered elsewhere, including the impact of insolvency, the interplay between jurisdiction and practice, limitation periods, the role of international conventions, and collision action rules. The fifth edition has been fully updated to include new case law and vital changes in Commercial Court practice and procedure. It also includes brand new material on the topical jurisdictions of Hong Kong and South Africa, including a comparison to English law and expert commentary on important issues such as ship arrest. This book is a first choice for all those concerned with admiralty law.



The Carrier s Liability Under International Maritime Conventions

The Carrier s Liability Under International Maritime Conventions Author Hakan Karan
ISBN-10 0773461744
Release 2004
Pages 512
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This book centres on the sea carrier's liability for loss of or damage to goods under convention based regimes. The Hague, Hauge-Visby and Hamburg Rules have become the main reason for lack of uniformity in the field of the carriage of goods by sea today with their different texts and legislative styles. Preface; The book deals with the carrier's liability for breach of contract of sea carriage of goods under the convention-based regimes: the Hague Rules, the Hague-Visby Rules and the Hamburg Rules. Dr. Karan has undertaken an ambitious and brave task in joining an ongoing debate on whether the maritime transport industry needs all the 3 conventions on the same subject: the legal regime relating to carriage of goods. The book is divided into four broad Parts and a Conclusion. Part I deals with the preliminaries by setting out the basis for the carriers' liability under Roman Law, Common Law, Civil Law and Convention regimes. Part II is devoted to conditions applicable to the contract of carriage under the same regimes following the pattern set out Part I. Part III deals with exclusions and exemptions of the carriers' liability. carrier. The book concludes with exhaustive concluding remarks. The book starts on the premises that the unification, clarification and simplification of domestic legislation regulating carriage of goods by sea have always been the aim of shippers who wish to ascertain and minimize their contractual liability and insurance risks in such contracts. The book argues that it is for those reasons that the three international conventions (Hague Rules, Hague-Visby and the Hamburg Rules) were enacted. However, with differing textual approaches and legislative styles these conventions have themselves become the main obstacle to uniformity in international sea carriage today, with different countries applying different regimes. The book then examines and explains the necessity for, and the needed, amendments to the Conventions in comparison with the other carriage conventions (by Air, Road, Rail and Multi-modal Transport). subject is not only unique but also puts the Rules in perspective and makes it easy for, especially practitioners, to better appreciate. Furthermore it also leaves it easier for undergraduates, post-graduates, and advanced researchers and scholars who might wish to pursue further research to do so. Secondly, the book identifies, evaluates, and compares the carrier's liabilities under the three conventions and determines the conditions of such liabilities and exemptions. In particular the author does not shy away from asking and answering questions as to whether the conventions lead to certainty in the international sea carriage regime and, if so, whether they have kept up to date with economic, political and technological developments in the field. The main arguments that the book highlights is the Anglo-American or Common Law approach versus the Continental or Civil law approach which has dodged this area of the law and made difficult attempts to unify the Conventions. This argument has been made in the past but not as strongly as in this instance. between the Hague and Hamburg liability regimes except for what the book refers to as the archaic nautical fault and fire exemptions, and that the latter, which contain all the Visiby amendments and the SDR Protocols, were more clearly drafted with the needs of modern trade in mind and have brought the regime into line with other modern transport Conventions. Having examined all the strengths and weaknesses of the three conventions, the author comes down on the side of the Hamburg Rules, as the preferred and more international and forward-looking convention on carriage by sea. In committing himself to one side, the author has not avoided the central debate on the subject, if anything he has aided it. Having so nailed its flag to the mast, the book also cautions that the Hamburg Rules themselves, to a certain extent, need some clarification and amendments to be more acceptable and accommodating. require the carrier to prove that the exempted occurrence causing the loss and to the exercise of care expected from a prudent carrier to avoid the occurrence and its consequences, which amend the burden of proving the fault of the carrier, his servants or agents in favor of the cargo interest, and change the limitation measures and unit of accounts. Other strengths of the book are the wide search and literature coverage: apart from the traditional inclusion of Annexes of the three Conventions including the latest ratification status; application of the rules or domestic statutes, and monetary limits to the carriers' liability in various countries; there is extensive provision of abbreviations used and extensive citing of authoritative sources; and wide provisions of exhaustive bibliography of conventions, reports, statutes, authors and cases. Another bonus is the inclusion of materials on the author's native country: Turkish maritime law. on a modified Germanic and Civil Law Codes; there is also mention of current reforms in that country in a bid to join the European Community. Other strengths of the book are the comparative approach to Continental Civil (Belgium, France, Germany and Greece) and Common Law (UK, Australia), including the Anglo-American (US and Canada) tradition as well as the Scandinavian and Far Eastern (e.g. China) jurisdictions. In producing this book the author has made efficient use of his: legal and academic training; association with the International Chamber of Commerce; experiences with the International Maritime Organisation; and skills as one of the advisors of his government's Ministry of Foreign Affairs, on maritime and aviation matters. The author is to be congratulated on the admirable grasp he displays of the wealth of materials at his disposal. Although not necessarily original, the concept is intriguing, the approach is balanced and persuasive, and the study as a whole provides valuable contribution to an understanding of the problems facing the truncated maritime law convention regime at the present day. makes a forceful and persuasive case which gains additional strength when advanced during a period of widespread concerns. The book will be a valuable addition to knowledge and scholarship in maritime law generally and the convention-based regimes of sea carriage in particular. It will no doubt benefit practitioners, lawyers, shippers, policy makers, lawmakers, as well as law and business studies' students and the more advanced scholars and researchers.



International Business Transactions 3rd Edition Document Supplement

International Business Transactions  3rd Edition Document Supplement Author Daniel C. K. Chow
ISBN-10 1454859989
Release 2015-01-20
Pages 334
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The authors of International Business Transactions: Problems, Cases, and Materials have compiled multi-lateral agreements, model codes, and U.S. statutory law in a Documents Supplement that supports and enriches the study of this dynamic field of law. Part One features multilateral agreements on international business transactions such as United Nations Convention on Contracts for the International Sale of Goods (1980) (CISG) Uniform Customs and Practice for Documentary Credits (UCP 600) (Selected Provisions) (International Chamber of Commerce 2007 World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) (1995) Consolidated Version of the Treaty on the Functioning of the European Union (TFEU) (Selected Provisions) (2008) Part Two features multilateral agreements on arbitration and adjudication, such as United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Selected Provisions) (1958) United Nations Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (World Bank, 1965) International Chamber of Commerce (ICC) Rules of Arbitration (1998) Part Three features U.S. code statutes, such as Alien Tort Claims Act (Alien Tort Statute) (ACTA, ATS) (2006) Carriage of Goods by Sea Act (COGSA), 46 U.S.C.A. and§ 30701 hist. n. (2006) Foreign Corrupt Practices Act (FCPA): Anti-Bribery and Books and& Records Provisions (2006) (Selected Provisions) Part Four features U.S. model codes and treaties, such as: Uniform Commercial Code (UCC) (Selected Provisions) As Presently Enacted in State Law (2009) Uniform Commercial Code (UCC) (Selected Provisions) As Presently Enacted in State Law (2009) Uniform Foreign-Country Money Judgments Recognition Act (2005) 2004 Model Bilateral Investment Treaty (BIT) (Selected Provisions) PART FIVE features guidelines for multinational business enterprises, including: World Bank Guidelines on the Treatment of Foreign Direct Investment (1992) Organisation for Economic Co-Operation and Development (OECD Guidelines for Multinational Enterprises (2000



The Rotterdam Rules

The Rotterdam Rules Author Yvonne Baatz
ISBN-10 9781317912255
Release 2013-09-11
Pages 384
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The Rotterdam Rules represent the most comprehensive overhaul of the law of carriage of goods by sea in more than fifty years. To coincide with the signing ceremony, six members of the Institute of Maritime Law have written a detailed commentary on the Rules. The Rotterdam Rules: A Practical Annotation examines the text of the Rules, all ninety-six articles of the new Convention, and compares them to the text of the Hague-Visby Rules, the instrument currently covering most bills of lading. The authors have also examined the judgments in cases decided in the English Courts under the Carriage of Goods by Sea Acts of 1971 and 1992 and have indicated whether these cases would be decided differently under the new Rotterdam Rules.



Carriage of Goods by Sea

Carriage of Goods by Sea Author John F. Wilson
ISBN-10 1405846690
Release 2007
Pages 523
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Designed to provide a comprehensive and critical survey of the law relating to the carriage of goods by sea, the fifth edition of this leading textbook includes all the recent changes in case law and legislation.



The Law of Tug and Tow and Offshore Contracts

The Law of Tug and Tow and Offshore Contracts Author Simon Rainey
ISBN-10 9781351364843
Release 2017-12-12
Pages 876
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Fully updated and revised to take into account the new BIMCO Supplytime 2017 contract with a detailed analysis of the changes since the Supplytime 2005 form and including a new analysis, for the first time, of the BIMCO Bargehire form, this is the only modern work on the law of towage and offshore vessel services. It gives a comprehensive and extensively researched account of the general law coupled with a detailed clause-by-clause commentary and analysis of all of the major standard contracts used in the international offshore, towage and heavylift sectors, comprising the BIMCO Towcon, Towhire, Supplytime and Heavylift forms, the full suite of BIMCO Wreck Removal forms and, now, also the BIMCO Bargehire form, as well as the ISU Salvcon and Salvhire forms. The Law of Tug and Tow and Offshore Contracts has rapidly established itself as a leading text and is written by, Simon Rainey QC, one of the foremost shipping practitioners with unrivalled experience in the field. Key reasons to buy The Law of Tug and Tow and Offshore Contracts, Fourth Edition • the only clause-by-clause commentary on all of the major standard form contracts used by the offshore industry • the only in-depth analysis of the drafting history of the BIMCO standard form offshore contracts, comparing the recent amended versions in their drafting context; • the only authoritative analysis of the case law and arbitration decisions affecting the towage and offshore industries • written from the perspective of a leading practitioner with unrivalled practical experience over many years of the contract forms and of the issues which arise under them (many of which are unreported) and involved in almost all of the leading cases and arbitrations in the field • written with an eye on the practicalities of how the contracts work given the everyday problems which arise in the industry, with guidance where the standard forms may require amendment



Marine Insurance Law

Marine Insurance Law Author Ozlem Gurses
ISBN-10 9781317210337
Release 2016-08-12
Pages 460
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Marine Insurance Law, Second Edition introduces and clearly explains all topics covered in courses at Masters level, offering students and those new to the area a comprehensive and accessible overview and way into this important topic in maritime law. Beginning by introducing the general principles of the subject and structure and formation of insurance contracts, this text goes on to look at individual considerations in detail, including – the duty of utmost good faith /fair presentation of the risk, insurable interest, terms of insurance contracts, brokers, the premium, causation and marine perils, losses, sue and labour, subrogation, fraudulent claims and reinsurance. This second edition reflects the substantial changes introduced by the Insurance Act 2015, and includes new Appendices containing relevant legislation and example clauses from marine insurance contracts.