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The Seminar on responsibility and liability in the maritime context, papers of which are published in this volume, dealt with the rules of the law of the sea and of maritime law governing these issues in order to realize similarities and differences in both fields of law which constitute the law of maritime affairs. Participants of the Seminar, which took place in July 2008 in the Premises of the International Tribunal for the Law of the Sea, were scholars and associates of the International Max Planck Research School for Maritime Affairs (IMPRS) and students of the Law Faculty, University of Hamburg.
The term “hazardous wastes” covers a wide range of disused products and production wastes generated not only in industrial sectors, but also in all areas of everyday life. Hazardous wastes are to a large extent shipped by sea to third countries for recycling or disposal. While the procedural requirements for such movements are laid out in the 1989 Basel Convention, explicit rules of responsibility and liability for resulting damages are neither provided by the Basel Convention nor by other international conventions. The Liability Protocol to the Basel Convention of 1999 has not yet entered into force. This book examines the existing rules of responsibility and liability applying to States and private persons and outlines the conditions under which liability may be incurred. Subsequently, the advantages and shortcomings of the 1999 Liability Protocol are analyzed. Although this Protocol faces substantial political headwind, from a legal perspective it includes principally useful and reasonable approaches and should therefore be ratified.
Maritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 13th International Colloquium at Swansea Law School in September 2017. Written by a combination of top academics and highly-experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding maritime liabilities. The book is set out in two parts: - Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities - Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.
Focusing on damage affecting the seas--tank spills, for example, or the dumping of wastes--this book seeks to identify and illustrate a set of international legal rules for determining if and when a country should be held responsible for environmental harm.
Policymakers have become increasingly concerned in recent years about the possibility of future maritime terrorist attacks. Though the historical occurrence of such attacks has been limited, recognition that maritime vessels and facilities may be particularly vulnerable to terrorism has galvanized concerns. In addition, some plausible maritime attacks could have very significant consequences, in the form of mass casualties, severe property damage, and attendant disruption of commerce. Understanding the nature of maritime terrorism risk requires an investigation of threats, vulnerabilities, and consequences associated with potential attacks, as grounded both by relevant historical data and by intelligence on the capabilities and intentions of known terrorist groups. These risks also provide the context for understanding government institutions that will respond to future attacks, and particularly so with regard to the US civil justice system. In principle, civil liability operates to redistribute the harms associated with legally redressable claims, so that related costs are borne by the parties responsible for having caused them. In connection with maritime terrorism, civil liability creates that prospect that independent commercial defendants will be held responsible for damages caused by terrorist attacks. This book explores risks and U.S. civil liability rules as they may apply in the context of these types of attacks.
This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers’ affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.
This study examines the shipmaster’s duty to render assistance at sea under international law. This duty is assessed in the light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. The approach undertaken gives special emphasis to the shipmaster’s responsibilities in rescue operations, and his role in the fulfilment of States’ international obligations in the rendering of assistance.
This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
In State Accountability for Space Debris Peter Stubbe examines the legal consequences of space debris pollution which, he argues, is a global environmental concern. The study finds that the customary ‘no harm’ rule and Article IX of the Outer Space Treaty obligate States to prevent the generation of debris and that the international community as a whole has a legitimate interest in their compliance. A breach of these obligations entails the responsibility of a State and compensation must be provided for damage caused by space debris. The author treats responsibility and liability separately and thoroughly scrutinizes both legal regimes with the help of common analytical elements. Finally, Peter Stubbe argues that a comprehensive traffic management system is required so as to ensure the safe and sustainable use of outer space.