The IMLI manual on International Maritime Law. Volume II: Shipping Law/Руководство по международному морскому праву. Том II: Закон о перевозках

Издание на английском языке
The IMLI Manual on International Maritime Law is divided into three volumes: Volume I covers the Law of the Sea, Volume II is dedicated to Shipping Law, and Volume III deals with both Marine Environmental Law and Maritime Security Law. The Manual examines these fields of law from an international and comparative perspective, and provides an in-depth analysis from the point of view of international conventions, customary law, and commercial practices.
It also offers comprehensive references and a bibliography on the subjects, so that its users have a single source from which to branch out into even more detailed research. The Manual has been written and edited by academics and practitioners who are leading experts in their respective fields. They have been drawn from a very wide number of legal systems, thereby ensuring that the academic and practical value of the Manual has no geographical boundaries. All these qualities should make it essential reading to students, researchers, academics, and practitioners.

Contents
Table of Cases
Table of Treaties
Table of Selected Legal Instruments
Table of Legislation
List of Abbreviations
List of Contributors
1. Concept, Sources, and International Organizations Relating to Shipping Law
Ignacio Arroyo
1.1 Concept of Shipping Law and Degrees of Autonomy
1.2 Sources of Shipping Law-International Maritime Conventions
1.3 International Shipping Documents
1.4 International Maritime Organizations
2. Nationality, Registration, and Ownership of Ships
Nigel P Ready
2.1 Introduction
2.2 Nationality
2.3 Documentation
2.4 Flag
2.5 Registration
2.6 Freedom of States to Fix Conditions for Registration
2.7 The «Genuine Link»
2.8 Open Registries
2.9 International Registries
2.10 Bareboat Charter Registration
3. Shipbuilding Contracts and Termination Issues
Aleka Mandaraka-Sheppard
3.1 Introduction
3.2 The Contract
3.3 Issues of Termination of Contract by the Buyer
3.4 Permissible Delays Due to Force Majeure and Excluded Delays
3.5 Remedies for Delay
3.6 Effect of Buyer`s Termination
3.7 Issues of Termination by the Builder
3.8 Effect of Builder`s Termination
4. Sale and Purchase of Second-Hand Ships
Malcolm Strong
4.1 Introduction
4.2 Second-Hand Ships-Comparison with Newbuildings
4.3 The Contractual Process
4.4 Shipbrokers
4.5 English Law Background
4.6 The Norwegian Saleform («Saleform»)
4.7 Nipponsale and Singapore Ship Sale Forms
5. Ship Management and Finance
Ivan Vella
5.1 Defining Ship Management
5.2 The Ship Manager as an Agent
5.3 The Functions Performed and Services Offered by the Ship Manager
5.4 ISM Code
5.5 Standard Ship Management Agreements
5.6 Ship Finance
5.7 Form and Types of Finance
5.8 Asset and Corporate Finance
5.9 The Finance Transaction
5.10 Security
5.11 The Ship Mortgage
5.12 Assignment of Earnings and Requisition Compensation
5.13 Assignment of Insurances
5.14 Guarantees
5.15 Share Charges and Pledges
5.16 Pledge of Earnings, Retention, and Reserve Accounts
5.17 Security over Cash Deposits
5.18 The Financing of Newbuildings
6. Security Interests in Ships
James Leslie Bain Allsop
6.1 Introduction
6.2 Organization of the Chapter and Preliminary Remarks on Maritime Claims
6.3 Mortgage
6.4 Maritime Liens
6.5 Special Legislative Rights and Charges
6.6 Possessory Liens
6.7 The Enforcement of General or Unsecured Maritime Claims and the Creation of Security Interests Thereby
6.8 National Examples of the Operation of the International Maritime Security Regime
6.9 Insolvency
6.10 Conclusion
7. Law of Maritime Safety
Philippe Boisson
7.1 Introduction
7.2 Formulation of the Maritime Safety Rules
7.3 Control of Maritime Safety Regulations
7.4 Conclusion
Further Reading
8. Maritime Labour Law
Douglas B Stevenson
8.1 Introduction to Seafarers Rights
8.2 Status of Master and Seafarers
8.3 Recruitment and Placement
8.4 Contracts
8.5 Discipline and Criminal Law
9. International Trade and Shipping Documents
Elda Belja
9.1 Introduction
9.2 Special Trade Terms in Export Sales
9.3 Finance in International Trade
9.4 Conclusion
10. Charterparties
David Martin-Clark
10.1 Introduction
10.2 Voyage Charters
10.3 Time Charters
11. Bills of Lading
Miriam Goldby
11.1 Introduction
11.2 The Functions Performed by the Bill of Lading
11.3 The Bill of Lading and the Information Technology Revolution
11.4 Conclusion
12. Transfer of Bill of Lading Contracts by Statute
Francis Reynolds QC
12.1 Introduction
12.2 The Common Law 1855 Legislation
12.3 The Common Law 1992 Legislation
12.4 Conclusion
13. Multimodal Transport
Mahin Faghfouri
13.1 Multimodal Transport: General Overview
13.2 International Instruments on Multimodal Transport
13.3 Recent Regulatory Developments
14. Carriage of Passengers and their Luggage by Sea
Erik Rosag
14.1 History
14.2 Basis for Liability
14.3 Scope
14.4 Non-War Insurance
14.5 War Insurance
14.6 Limitation 389
14.7 Time-Bar 391
14.8 Jurisdiction, Recognition, and Enforcement
14.9 EU Implementation
15. Law of Towage
Simon Rainey QC
15.1 Introduction and Overview
15.2 Preliminary Considerations
15.3 The Position Absent Contract as to Rights and Obligations as Between the Tug and the Tow
15.4 Contracts for Towage
16. Law of Harbours and Pilotage
Osvaldo Agripino de Castro Jr and Cesar Luiz Pasold
16.1 Introduction
16.2 The Law of Harbours and Pilotage in Common Law
16.3 Law of Harbours and Pilotage in Civil Law Countries
16.4 Conclusions
Further Reading
17. Law of Marine Collisions and Other Casualties to Hull and Machinery
Frank L Wiswall Jr
17.1 Jurisdiction and Conflict of Laws in Collision Cases
17.2 Basis of Civil Liability in Collision Cases
17.3 De-Coding Casualties: Terms of Art
17.4 The Collision Regulations
17.5 Collision Case Analysis and Apportionment of Fault
17.6 Damages in Collision Cases
17.7 Types of Non-Collision Casualties
17.8 Defendants in Non-Collision Casualties
17.9 The Curse of Criminalization
17.10 The State of the Law Regarding Collision
17.11 The Last Word
18. Law of Salvage
Archie Bishop
18.1 General Principles of Salvage Law
18.2 Salvage Distinguished from Towage
18.3 Common Law or Contractual Salvage
18.4 The Four Essential Characteristics of Salvage
18.5 The Salvage Convention 1989
19. Law of Wrecks
Patrick Griggs CBE
19.1 Definition of «Wreck»
19.2 Background to Wreck Removal Convention 2007
19.3 The Convention
19.4 The Future
Further Reading
20. Law of General Average
Bent Nielsen
20.1 Introduction
20.2 The York-Antwerp Rules
20.3 Damage to the Environment
20.4 The YAR in Special Situations
20.5 Ransoms Paid to Pirates
20.6 Contributory Values
20.7 Interest and Commission
20.8 Practical Aspects
20.9 Adjustment of General Average
20.10 Review of the YAR: Future Developments
21. Enforcement of Maritime Claims
Francesco Berlingieri
21.1 Introduction
21.2 The Notion of Maritime Claims in International Conventions
21.3 The Enforcement of Maritime Claims by Means of the Arrest of a Ship
21.4 The Influence of Global Limitation of Liability on the Enforcement of Maritime Claims
21.5 The Influence on Enforcement of Maritime Claims of the Bankruptcy of a Shipowner or of Other Actions Affecting the Totality of a Shipowner`s Assets
22. Limitation of Liability for Maritime Claims
Norman A Martinez Gutierrez
22.1 Introduction
22.2 Persons Entitled to Limit Liability
22.3 Claims Subject to Limitation
22.4 Claims Excepted from Limitation
22.5 Conduct Barring Limitation
22.6 Counterclaims
22.7 The Limits of Liability
22.8 Aggregation of Claims
22.9 The Limitation Fund
22.10 The Current State of the Amended LLMC Convention
23. The Law of Marine Insurance
Marko Pavliha and Adriana Vincenca Padovan
23.1 Introduction
23.2 Definition of Marine Insurance
23.3 Historical Background
23.4 Types of Marine Insurance
23.5 Sources of Marine Insurance Law
23.6 Organization of Marine Insurance Markets
23.7 Characteristics of the Contract of Marine Insurance
23.8 Subrogation of the Insurer
23.9 Reinsurance and Co-Insurance
23.10 Conclusion
Index