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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.
A comprehensive review of the laws and regulations governing the shipmaster including customary law, case law, statutory law, treaty law and regulatory law, covering: • A brief history of the shipmaster • Manning and crewing requirements in relation to vessel registration • Comparison of regimes of law of agency for shipmasters and crews across jurisdictions • Examination of shipmaster liability (civil and criminal)
In The Shipmaster's Duty to Render Assistance at Sea under Internationl Law, Felicity G. Attard examines the web of applicable international rules regulating one of the most fundamental obligations at sea. The study explores the shipmaster's duty to render assistance at sea under treaty law, customary international law, and other international instruments. It focuses on an assessment of the duty in light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. Whilst Article 98 of the 1982 United Nations Convention on the Law of the Sea provides the basis for the regime regulating the duty, the study addresses other relevant rules adopted by the International Maritime Organization and the International Labour Organization. Due to the humanitarian ramifications of the rendering of assistance at sea, the book considers further obligations imposed under human rights law and refugee law. The study presents a comprehensive analysis of shipmaster's responsibilities in rescue operations, and their role in the fulfilment of States' international obligations in the rendering of assistance.
A modern comprehensive reference covering registry, classification, crew matters, carriage of passengers & goods, marine insurance, limitation of liability, & much more.
This book addresses a wide range of contemporary operational maritime law issues across the spectrum of operations. It provides sophisticated analyses and insights, and offers new interpretations of topics that are directly relevant for contemporary naval operations.The book examines unresolved legal issues in order to provide guidelines for conducting maritime operations, and also offers reference material for general education on the law of naval operations. Further, it serves as a comprehensive resource for operational doctrine and military planning, and presents an approach to dealing with multiple legal issues that demonstrates how modern military operations at sea can legally be executed. Focusing on operational and tactical topics, it is a valuable addition to the bookshelves of military lawyers and operators alike.
A modern comprehensive reference covering registry, classification, crew matters, carriage of passengers & goods, marine insurance, limitation of liability, & much more.
This book engages with different aspects of India’s practice of international law. It covers a diverse range of areas such as human rights, humanitarian law, migration, diplomacy, extradition, environment, trade, investment, taxation, cyberspace, data protection, maritime, and intellectual property to showcase India’s strong commitment to respect and observe international law. The volume discusses various themes which include: Legal and constitutional framework; Air, space, and atomic energy; Environment; Sea and maritime law; Trade, investment, and taxation; Conflict of laws; IT and data protection; Human rights and humanitarian law; Issues of refugees and internally displaced persons; Extradition and diplomatic immunities; Intellectual property; International obligations. The essays in this book also establish the linkage between observance of international law and bilateral and multilateral relations between different countries. Comprehensive and analytical, this book will be useful for scholars and researchers of law, international law, human rights, and foreign policy. It will also be an invaluable companion for professionals in law firms and think tanks, bureaucrats, and diplomats.