Modern Admiralty Law

Cover
Cavendish Publishing, 10.02.2011 - 1112 Seiten

Lucidly explaining the legal principles of Admiralty Law in a modern context, this new edition has been fully revised and updated to include recent case law and legislation, including extensive treatment of developments within the EC. Examining the law within a commercial perspective with suggestions for how legal risks should be managed, this is the ideal text for postgraduates studying admiralty or shipping law as well as professionals within the shipping industry.


The intricate rules of the Brussels/Lugano Conventions are explained alongside conflict of jurisdictions, and the application of the forum non-conveniens, doctrine and forum shopping. Breach of jurisdiction agreements and remedies are also discussed and the vexed issues of anti-suit injunctions are dealt with comprehensively. Modern Admiralty Law analyses the corporate structures of ship owning companies and the circumstances in which the corporate veil may be pierced; suggestions for legitimate corporate structures for the purpose of risk management are also put forward. The consequences of non-compliance with the ISM Code are considered (such as potential criminal liability, the effect of non-compliance upon insurance contracts and limitation of liability), alongside an update of further measures being taken by the EC and the IMO on safety of ships and cleaner seas.


An ideal reference tool, the new edition of this popular and comprehensive text includes summaries of the principles and case law and encourages further investigation. The practical and commercial orientation of this book will be of great benefit to readers studying the subject as an academic discipline as well as those who work in the area.


From admiralty jurisdiction to limitation of liability, all aspects of admiralty law are thoroughly investigated, with recent developments providing new insights for this modern approach to admiralty law. This new edition is essential reading for postgraduates, practitioners, ship owners and managers, and a wide range of professionals within the shipping industry.

 

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Inhalt

Table of Cases
xli
Table of Statutes
lxxv
Table of Statutory Instruments
lxxxiii
INTRODUCTION
3
NATURE OF THE ADMIRALTY JURISDICTION
21
economic loss?
33
foreign ship for a tort committed on the high seas
41
the salvage services
47
in the event of nonpayment
436
defective products
451
On the making of a binding contract and risk management
461
Contractual terms under standard forms of the sale contract
477
breach of cl 9
492
The parties respective remedies for default
499
injunction against the purchase money
507
OVERVIEW
529

a ship for her operations or maintenance
55
dismissed and emoluments
61
MODE OF EXERCISE OF JURISDICTION
73
The Indian Grace No 2
84
5
85
The relevant conditions of bringing in rem claims
102
for the purpose of arrest
110
Property against which an in rem claim may be brought
123
The aftermath of arrest
128
Competition of claims brought in Admiralty and Company Courts
143
Distribution of the court fund by the court
152
Extinction of maritime liens
159
OF THE ADMIRALTY COURT TO ADJUDICATE ON
163
of forum nonconveniens?
172
CONVENTION JURISDICTION BASES AND MULTIPLE
205
How do the Convention rules delegate jurisdiction on the merits?
228
Can principles of forum nonconveniens be permitted in
239
Jurisdiction Agreements Art 17
248
An overview of remedies for breach of jurisdiction agreements
258
ANTISUIT INJUNCTIONS
261
injunctions in noncontract cases
273
OVERVIEW
283
Statutory overview of ownership and registration of British ships
293
Ownership principles
299
contractual exclusion or limitation of liability
314
SHIP MORTGAGES
347
Conflict of laws
363
Rights and obligations of the mortgagor
370
Effect of mortgagees exercise of rights upon charterparties
393
Risk management and insurance issues of the mortgagee
406
risk management
416
The making of a shipbuilding contract and risk management
417
The specification
430
and regulations at present
533
SECTION
548
3
556
Liability attaches on the ship
563
OVERVIEW
647
Elements of salvage
662
Salvage Agreements
687
Duties and conduct of salvors
704
The position of several salvors
719
Assessment of the award and special compensation
727
Problems arising from the drafting of the Convention
734
Apportionment
740
TOWAGE
747
Duties of the tugowner
766
contracts provide?
774
Duties of the tow
781
third parties
784
HARBOURS AND PILOTAGE
815
and risk management
835
Duties of a competent harbour authority in relation to pilotage
855
Liability of a pilot
862
OVERVIEW
875
Persons entitled to limit
882
Claims subject to limitation
893
wreck raising or removal in the UK
902
the present systems of limitation
907
Corporate personality and whose misconduct should
919
Establishment of the limitation Fund
934
RISK MANAGEMENT CULTURE AND COLLECTIVE
951
Collective responsibility and commitment
958
Index
969
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Über den Autor (2011)

University College London, UK

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