This unique title examines in depth issues of jurisdiction, maritime law and practice from a modern perspective and highlights the importance of risk management with a view to avoiding pitfalls in litigation or arbitration and minimising exposure to liabilities.
The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities.
The second volume tackles the substantive maritime law with a particular emphasis on risk and liabilities, and analyses issues of contract, tort and criminal law, causation and remoteness of damages.
Key features of Volume Two include:
- An analysis of the regulatory regime, new EU and IMO safety at sea legislation, reforming practices for flag states and recognised organisations, vetting, codes of good practice, and International Conventions.
- An explanation of the Rules of attribution of liability, the impact of the ISM Code upon liabilities, including criminal, corporate manslaughter, and the new Directive for ship-source pollution.
- Important developments in areas including:
- Ship-managing risks, best endeavours and fiduciary duties
- Mortgagees risks and economic torts
- New BIMCO standard terms of contracts
- Ship-sale risks – including sale ‘as is’ and ‘as she was’
- Shipbuilding risks – guarantees and performance bonds
- New trends on wrongful acts of employees, collisions and measure of damages, salvage issues, environmental salvage, and towage contracts
- Piracy risks cases and general average
- New perspectives on risks and liabilities of port authorities
- Pollution liabilities, including trends of prosecution of class societies and charterers and new limits of liability under International Conventions
Purchase Volumes 1 and 2 of the Modern Maritime Law together for a reduced price at http://www.routledge.com/books/details/9780415843201/
Split into two volumes, this new edition is a practical and commercially sensitive analysis of principles and precedents of marine safety, security and policy from a UK and US perspective, which offers suggestions on how legal risks should be managed.
VOLUME 2 MANAGING RISKS AND LIABILITIES (CONTENTS) Part I: OVERARCHING
ASPECTS OF RISK MANAGEMENT
Chapter 1: Managing Risks in the 21st Century an
Overview
Chapter 2: The Regulatory Regime EU and IMO Developments
Chapter 3:
Context of Regulatory Enforcement - The ISM and the ISPS Codes
Chapter 4:
Attribution of liability - Risk Management in context of the ISM Code Part
II: OWNERSHIP ASPECTS AND MANAGEMENT OF RISKS
Chapter 5: Ship Ownership and
Ship-Managers risks
Chapter 6: Risks in the mortgage of Ship
Chapter 7: Ship
building Contracts and Risks
Chapter 8: Risks in Ship Sale and Purchase Part
III: SHIP AND PORT RISKS AND LIABILITIES
Chapter 9: Risks and Liabilities
arising from Collisions at Sea
Chapter 10: Risks and Liabilities under
Salvage
Chapter 11: Risks and Liabilities under Towage Contracts
Chapter 12:
Liability and Risks in General Average
Chapter 13: Risk Management by Harbour
Authorities Part IV: COMPENSATION FOR LIABILITIES AND LIMITATION
Chapter 14:
Limitation of Liability for Maritime Claims
Chapter 15: Liability,
Limitation, Compensation for Passengers Claims
Chapter 16: Liability,
Limitation, Compensation for Marine Pollution, and Nuclear, damage
Dr Aleka Mandaraka-Sheppard (LLB, LLM, PhD, Dip.IArb), is a dually qualified lawyer (Greece and England) and was a practising solicitor in the City of London, Head of the Shipping Law Unit, University College London, and Professor of Maritime law. She is the Founder and Chairman of the London Shipping Law Centre Maritime Business Forum and practises as a Maritime Arbitrator and Mediator. Her passion has been in promoting risk management education since 1998 through the LSLC and privately by conducting seminars in-house to shipping companies. This book was inspired by her teaching and practice in maritime law and by her students.
In her early years of studies in the UK, apart from her interest in shipping, she carried out research for her Ph.D into organisational behaviour and published "The dynamics of aggression in womens prisons" (1986), which gave her insights into causes of conflict, ways of resolving difficult conflict situations, and the effect of regulations on deterring or aggravating misbehaviour. Her knowledge in this area has provided the backbone to her practice as a lawyer, educator, writer, risk management advisor, arbitrator and, in particular, as a mediator.
She is a supporting member of the LMAA, a member of: the Baltic, the Chartered Institute of Arbitrators, and the London Court of International Arbitration. She is promoting mediation and she is an accredited mediator by the ADR Group and the School of Psychotherapy and Counselling of Regents College London.
Lisainfo e-raamatute kohta