The book is concerned with the harmonisation of maritime safety legal systems in Europe. It describes maritime safety legal systems in selected European countries as well as maritime safety issues ...from the perspective of the International Maritime Organisation, European Union, and European Free Trade Association. Distinguished scholars from Europe's leading maritime law academic centres present national perspectives of maritime safety systems, questioning whether the adopted national solutions guarantee the compatibility with IMO and EU legal regime, as well as assessing the global and EU system. Moreover, the book seeks to provide some answers as to whether the IMO goals on maritime safety are adequate in light of current safety challenges and how to achieve higher level of enforcement of internationally-recognised maritime safety standards. It will be of great assistance to those readers who need to familiarize themselves with current problems inherent in maritime safety, whether that be lawyers, scholars, professional mariners, or national institutions.
In accordance with the family regulations of the Republic of Serbia, the legal duty of support, among other things, ends with the death of the provider. Unlike the Serbian legislator, the legislators ...in some modern European legal systems have envisaged the inheritability of the legal duty of support, among others, for a divorced spouse. These essentially different approaches to regulating the issue of inheritability of the legal duty to support a divorced spouse, are the subject of the author’s attention. In addition to trying to draw a conclusion regarding which of the mentioned approaches to the legal regulation of the issue of heritability of the legal support duty fulfills entirely or largely the function of post-marital solidarity, the author considers the possibility of redesigning and amending the family and inheritance regulations of the Republic of Serbia.
Proposing a systematic analytical framework which assists in understanding and applying the international law regime governing State ocean jurisdiction with a view to improved ocean governance for ...sustainable development, this book distinguishes between, and focuses on, the form, the ground, the scope and the purpose of State ocean jurisdiction. Defining jurisdiction as the international-law authority of a State to be involved in a factual matter on the basis of a valid legal ground to perform authoritative acts impacting on that matter, it disaggregates the concept the complexity of which often leads to States failing to make full use of their existing ocean jurisdictions. In the process, it identifies when and to what extent there are gaps and overlaps of jurisdictions. Bringing clarity on an inevitably complex and often misunderstood framework that is aimed at striking a universally accepted balance of competing interests, the book lays the foundation for future research, contextualising the position of State ocean jurisdiction not only in terms of ocean governance, but in the whole of public international law. With an original systematic focus on State ocean jurisdiction, the book will be of interest to academics, students and practitioners working in the areas of international law of the sea, ocean governance, human rights and environmental law.
Athenian power and prosperity in the fourth century B.C. was based largely on commerce. The complex litigation arising from commercial activities was heard in special maritime courts,dikai emporikai, ...the subject of this monograph. Using both ancient and secondary sources, Edward E. Cohen has pieced together the evolution of these courts and has explored their procedure and jurisdiction. He successfully treats the much-discussed problem of why they were termed "monthly," and makes it clear that "supranationality" was a feature of all Hellenic maritime law. He shows conclusively that their jurisdiction was limitedratione rerum, notratione personarum, because a legally defined "commercial class" did not exist in Athens at this time.
Classicists and lawyers alike will find this a fascinating study. It not only contributes to our understanding of the Athens of Plato, Aristotle, and Demosthenes, but also points out that certain principles of Athenian maritime law are still imbedded in the modern international law of maritime commerce.
Originally published in 1973.
ThePrinceton Legacy Libraryuses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Shipping in Inuit Nunangat is a timely multidisciplinary volume offering novel insights into key maritime governance issues in Canadian Arctic waters that are Inuit homeland (Inuit Nunangat) in the ...contemporary context of climate change, growing accessibility of Arctic waters to shipping, the need to protect a highly sensitive environment, and the United Nations Declaration on the Rights of Indigenous Peoples. The volume includes policy, legal and institutional findings and recommendations intended to inform scholars and policymakers on managing the interface between shipping, the marine environment, and Indigenous rights in Arctic waters.
The article commemorates the 40th anniversary of issue and entry into force of the ordinance of the Minister of Foreign Trade and Shipping on safety and hygiene of work at the sea-going merchant ...vessels of June 25, 1979. This act, yet to be ever amended, is an example of the complete and competent legislation, as well as arouses appreciation by its illustrious embrace of legal, technical and organizational sides of safety and hygiene of work at a sea-going vessel. Abstracting from the law on work at sea of August 5, 2015, the author discusses also the competences of a shipmaster in the sphere of occupational safety that are present in other sources of universally binding law.
The aim of the article is to compare selected national maritime laws, in the area of the cargo carrier’s liability. The author has analyzed the liability regime in the several most important parts of ...this regime. The connection between the national maritime regulations and the international maritime conventions regulating the carrier’s liability is an important issue. The reason is that the national provisions are often constructed following the example of the international conventions. However, national regulations usually have their legal solutions. This is the reason why the liability regimes which apply to maritime cargo carriers have a lot of differences, even if they have been enacted by states which are parties to the same maritime conventions. In this article, the author attempts to analyze which maritime conventions have had the most significant influence in each maritime law and also to compare each regulation in the selected parts of the liability regime.
What happens after a judgment is delivered by a tribunal constituted under UNCLOS? This study is the first to examine compliance in relation to all judgments issued pursuant to the UNCLOS compulsory ...dispute settlement regime to date.
In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as ...piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.
