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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.
This edition demonstrates how salvage law applies to the complex situations which arise from shipping operations. Major legislative developments, such as the Merchant Shipping (Salvage and Pollution) Act 1994 have been fully incorporated into the text, as has the Nagasaki Spirit - the most important salvage case of recent years.
An analysis of the regulation of salvage at sea, from the 1910 Brussels Convention 1910 to the 1989 Salvage Convention, the new Lloyd's Open Form (LOF 90) and the recent amendments to the York-Antwerp Rules. The book summarizes the recent history of the law of salvage, analyzing in detail the process by which individual aspects were shown to be in need of improvement, the discussion which followed and the outcome. It includes full commentary on the text of the 1989 Convention, and on LOF 90 and the changes to the York-Antwerp Rules, and covers recent decisions of the courts.
The Environmental Law Reports contain full text reports of cases drawn from superior UK court decisions (including Scottish cases) together with those from the European Court
This book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as the first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework of environmental protection measures regulated under different legal instruments or laws. The law of salvage fails to effectively integrate salvage operations into broader pollution response mechanisms because it does not align comfortably with this framework of laws. Despite the emphasis on environmental protection in the 1989 London Salvage Convention, the Convention maintains the traditional notion of salvage operations as a service to property, while environmental outcomes and the remuneration of environmental services are positioned as a secondary outcome of the law of salvage. This book argues that directly contracting for environmental services bolsters the primacy of environmental protection and the functional use of law to further environmental protection and policy formulation. Direct contracting between coastal States and salvors for environmental services complements existing practices and pollution response mechanisms and provides a sound legal basis for the effective realisation of salvage operations as the first line of defence against pollution following shipping incidents without fundamentally altering the established commercial identity of the traditional law of salvage. This book will be key reading for students, academics, and practitioners working at the intersection of shipping and environmental law.
The first full-scale study of the international legal framework governing underwater cultural heritage to be published in nearly two decades.
"This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact." --