Modern Maritime Law (Volumes 1 and 2)

3rd Edition

Aleka Mandaraka-Sheppard

Informa Law from Routledge
Published November 29, 2013
Reference - 1448 Pages
ISBN 9780415843201 - CAT# Y150262
Series: Maritime and Transport Law Library

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Summary

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:
    • piercing the corporate veil – State immunity
    • conflict of laws and jurisdictions
    • stay of proceedings for breach of jurisdiction or arbitration agreements
    • issues arising from tiered dispute resolution clauses
    • 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:

    • Ship-managing risks, best endeavours and fiduciary duties
    • Mortgagees risks and economic torts
    • New BIMCO standard terms of contracts
    • Ship-sale risks - including sale "as is" and "as she was"
    • Shipbuilding risks - guarantees and performance bonds
    • New trends on wrongful acts of employees, collisions and measure of damages, salvage issues, environmental salvage, and towage contracts
    • Piracy risks cases and general average
    • New perspectives on risks and liabilities of port authorities
    • 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

 

Both volumes are also available to purchase individually:

Volume 1 at http://www.routledge.com/books/details/9780415835169/

and Volume 2 at http://www.routledge.com/books/details/9780415839068/

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