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This book provides expert analysis of the application of the evolving law in Corporate Manslaughter as it relates to the Maritime and Aviation industries. It will prove to be a useful tool for practitioners and students in this specialised area, as well as those working in the maritime and aviation industries, such as those who will be accountable under the Corporate Manslaughter Act 2007; the Masters and Pilots who manage the risks; and the insurers who underwrite the cost of the risks. The author will discuss areas such as: The liability towards passengers and employees The Prosecution of offenders Comparative analysis of corporate manslaughter in the wider, global industry
This book reviews and critically analyzes the current legal framework with regard to a more just culture for the aviation sector. This new culture is intended to protect front-line operators, in particular controllers and pilots, from legal action (except in the case of willful misconduct or gross negligence) by creating suitable laws, regulations and standards. In this regard, it is essential to have an environment in which all incidents are reported, moving away from fears of criminalization. The approach taken until now has been to seek out human errors and identify the individuals responsible. This punitive approach does not solve the problem because frequently the system itself is (also) at fault. Introducing the framework of a just culture could ensure balanced accountability for both individuals and complex organizations responsible for improving safety. Both aviation safety and justice administration would benefit from this carefully established equilibrium.
This book discusses in a concise manner the key aspects that are important for the understanding of regulations and managerial framework governing marine pollution. It identifies the practical context in which marine pollution comes into play and addresses the international legal regime governing the numerous sources of marine pollution, as well as the ways in which these regulations affect the conduct of day-to-day shipping operations. With illustrations, case studies, emphasis boxes, references to case law and to national jurisdictions and other tools facilitating understanding and knowledge, readers will find helpful guidance on: the sources of marine pollution (including ship-source pollution and pollution from the offshore oil and gas sector); the forms of cooperation needed in order to tackle the prevention, management and response to marine pollution; overview of MARPOL Convention, other key IMO conventions, and selected regional regimes; legal ramifications, including P & I Clubs and limitation of liability; involvement of the flag State, coastal State and port State; industry best practice; the human element Marine Pollution Control will be a useful guidance tool for shipping Industry professionals, (P & I) Clubs, Legal practitioners, maritime administrators, as well as academics and students of marine pollution.
In the dynamic and volatile shipping industry, effective performance management is essential to an organization’s success. This book is a practical guide to developing a holistic and comprehensive performance measurement and management system at managerial level in shipping organisations. Companies in the shipping industry must perform well across many facets of the organization to satisfy an array of demands and obligations arising from a complex environment of customers, partners, competitors and regulators. This book shows how companies can develop systems to effectively gauge and monitor organizational performance, including among others strategic, economic, environmental, social and operational performance. Topics covered include: tools and approaches for measuring performance; strategy and the use of the Balanced Scorecard; the mapping of shipping business strategy; the development of KPIs; cascation; and implementation. This guide to performance measurement and management is an important resource for managers in the shipping and maritime transport industry, as well as those aspiring to hone their skills in the art of performance management and decision-making.
This unique book rethinks and rewrites the previous edition. It categorises simply the nine interactive legal duties of the shipmaster, analysing and relating them to laws and conventions within a single volume. Cartner on the International Law of the Shipmaster contends that command depends on decision-making, and that shipmasters are not provided sufficient, timely, relevant, and pertinent information for command decisions. The book proposes voyage planning follow the spacecraft model of the USA's National Aeronautics and Space Administration, providing readers with a metric for command. It constructively criticises the conventions and management and is aimed at reducing catastrophes by focusing on the hitherto elusive human factor in the shipmaster. Cartner proposes that command at sea be its own profession and discipline with those called to it specifically trained in its intricacies; he argues that current ships are not designed to be command-worthy or security-worthy and that management should reorder its relationships with shipmasters as tactical managers afloat. The insights the book provides are an invaluable aid to decision making for the modern civil commander and anyone association with this pivotal and essential profession. This book is a necessary reference and guide for shipmasters, technologists, naval architects, regulators, underwriters, students, practitioners and courts of maritime law and command worldwide.
This book covers the subjects of break bulk cargo, general cargo and project cargo, and how these cargoes are shipped. It deals with the cargoes themselves, the vessels used for their carriage, and how the carriage is managed using the process of vessel chartering. Alongside these, it also covers offshore vessel management and how offshore supply vessels are used to carry cargoes to offshore oil and gas installations. Break bulk cargo covers a wide variety of cargoes, from project cargo to more varied cargoes carried on an ad hoc basis, often between ports that are not equipped for container traffic. It also covers the carriage of specific cargoes that cannot fit inside or are unsuitable for containers. This includes the carriage of cargoes for major projects, and cargoes for the offshore sector, which is an area covered in a specific section in the book concerning the use of offshore supply vessels. To date, only minor elements of shipping books cover this kind of trade, hence the need for a new book that specifically covers this subject. The focus of this book is providing expert insights and detailed explanations of the practical issues related to all aspects of break bulk and general cargo management. The book is written for legal practitioners, shipping managers, managers of project cargo, oil and gas companies, shipping professionals, charterers, shipbrokers, shippers and anybody else involved in ad hoc vessel chartering for the carriage of break bulk, general and project cargoes. It will also serve as a valuable resource for students of shipping.
Now in its eighth edition, this classic text is a first point of reference for anyone looking to obtain an understanding of chartering and shipbroking practice. It provides hands-on, commercially-focused explanations of chartering business and invaluable advice on how the shipping market operates across a broad range of topics. The authors also deal expertly with the legal, financial, operational and managerial aspects of chartering, offering numerous case studies which clearly link theory to practice. This new edition has been fully revised and updated to reflect the current trends in chartering practice, legal developments and standard forms of charterparties. New to this edition: Enriched with practical examples covering crucial aspects of chartering and shipbroking business, such as voyage estimations, freight conversions and tanker calculations. New material on day-to-day laytime principles, including "Laytime Definitions for Charterparties 2013", associated commentary and relevant examples. Shipping Marketing as a modern tool of improving chartering and shipbroking business. Expanded coverage of the economic background of chartering, including markets, vessels, cargoes, trades and fixtures. Freight rates for all vessel types from 1980 to 2015. Updated review of well-known standard charterparty documents (including NYPE 2015), together with clauses and wordings commonly applying to various charter types. Analytical glossary containing typical terms and abbreviations used in chartering negotiations. This book is an essential guide for practitioners in private practice and in-house for shipowners and cargo houses, as well as those studying shipbroking and chartering.
Logistics is a complex industry that exposes employees to a whole variety of risks. These include not only accidents on the road and deaths and injuries resulting from unsafe use of forklifts, but also the consequences of poor fire safety, long-term health risks due to poor manual handling technique and problems relating to mental health. Many thousands of incidents are recorded every year. This book examines each aspect of health and safety in turn, with a focus on warehousing and transportation. Health and Safety in Logistics informs managers about potential hazards found in the industry and explains in detail how they can make the workplace as safe as possible.
The piecemeal fashion in which human factors research has been conducted in the maritime domain makes information retrieval available only by scanning through numerous research journals and conference papers. Bringing together human factors information from this and other domains, Human Factors in the Maritime Domain integrates a common body of knowledge into one single volume. The book provides the vital background information necessary to acquire a core knowledge base and a much-needed overview of human factors within the maritime domain. It starts by putting the topic into an historical and theoretical context, moves onto more specific and detailed topics and contemporary thinking in human factors, then reviews new maritime technology. The authors take a holistic approach based on a model of the socio-technical system of work in the maritime domain. They synthesize available knowledge and research, then present in an easily acceptable framework with example, illustrations, and case studies whenever possible, making the text rigorous, useful, and enjoyable. The three authors draw on a range of diverse backgrounds including working as a maritime surveyor, transport consultant, human factors lecturer, and mechanical engineer. They have undertaken maritime research in Denmark, Australia, Malta, and the UK. They have published several other human factor books on related topics. This combination of human factors knowledge, maritime wisdom, and substantial publication experience results in a book that is effective and practical.
Draft Corporate Manslaughter Bill : First joint report of session 2005-06, Vol. 3: Oral and additional written Evidence