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Author: Jolien Kruit
Publisher: Paris Legal Publishers Uitgeverij Paris
ISBN: 9462511233
Category : Law
Languages : en
Pages : 441
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Book Description
General average is considered to be one of the most uniformly regulated topics of maritime law. This study concludes that this perception is flawed. The invariably applicable York-Antwerp Rules do not provide a full regime, whereas their applicability is generally contractual only. As a result, questions arise as to which law applies to general average obligations, how the applicable national law is to be determined (taking into consideration the impact of the European Rome I and II Regulations), and what is provided in the national regimes. In addition, questions arise as to what the influence is of contractual provisions set out in contracts for the carriage of goods by sea and general average security forms, and how the various sources interact. This study contains an in depth assessment of these questions.
Author: Jolien Kruit
Publisher: Paris Legal Publishers Uitgeverij Paris
ISBN: 9462511233
Category : Law
Languages : en
Pages : 441
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Book Description
General average is considered to be one of the most uniformly regulated topics of maritime law. This study concludes that this perception is flawed. The invariably applicable York-Antwerp Rules do not provide a full regime, whereas their applicability is generally contractual only. As a result, questions arise as to which law applies to general average obligations, how the applicable national law is to be determined (taking into consideration the impact of the European Rome I and II Regulations), and what is provided in the national regimes. In addition, questions arise as to what the influence is of contractual provisions set out in contracts for the carriage of goods by sea and general average security forms, and how the various sources interact. This study contains an in depth assessment of these questions.
Author: Professor of Commercial Law Francis Rose
Publisher: Informa Law from Routledge
ISBN: 9780367735500
Category :
Languages : en
Pages : 326
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Book Description
An account of the underlying law and the practical rules which govern the adjustment of rights and liabilities between parties to a maritime adventure when extraordinary measures have been incurred for the benefit of the common adventure. The third edition incorporates international case law developments to bring the text up to date and analyses the revision of the basic practical rules underlying general average adjustment internationally. It is essential for all those involved with maritime affairs to understand the implications of these new rules and how they fit with existing law and practice.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
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.
Author: Maria Fusaro
Publisher: Springer Nature
ISBN: 3031041186
Category : History
Languages : en
Pages : 510
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Book Description
This open access book explores the history of risk management in medieval and early modern European maritime business, focusing particularly on 'General Average' – a mechanism by which extraordinary expenses regarding ship or cargo, incurred during a voyage to save the venture, are shared between all participants to protect equity. This volume traces the history of this risk management tool from its origins in the pre-Roman Mediterranean through to its use in the shipping sector today. Contributions range from the Islamic Mediterranean to the Low Countries, and taken together, provide a wide-ranging analysis of social, cultural, and political aspects of pre-modern maritime commerce in Europe.
Author: Stephen Girvin
Publisher: Bloomsbury Publishing
ISBN: 150997265X
Category : Law
Languages : en
Pages : 329
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Book Description
This book explores the private law implementation of the new international and EU regulatory framework targeting decarbonisation in the shipping industry. Compared with other sectors, the shipping industry has traditionally been labelled a 'slow mover' concerning the sustainability agenda. However, new regulatory measures on carbon reduction both internationally and in the EU require fundamentally new developments in the industry. This book focuses on the goal of carbon reduction from a private law perspective and considers how the new regulatory framework can be implemented in the shipping industry. This book studies existing contractual provisions in charterparties and bills of lading alongside new contractual model clauses designed to facilitate carbon reduction. It considers how the new clauses should be interpreted, whether they will transform traditional shipping contracts into more collaborative contracts, and how they will interact with other clauses in the contract and with other contracts in the supply chain. The contractual analysis is considered in context, reflecting on enforcement issues, such as Port State Control (PSC), the Poseidon Principles, and climate change litigation. The book also analyses the related topic of shipping contracts for carbon storage as a necessary means of meeting carbon reduction targets. The book is intended to pave the way for understanding how core shipping contracts can work in this new context and the extent to which the new types of clauses will profoundly transform contracts. It presents contributions by experienced and younger academics and practitioners from Asian, European and Scandinavian legal systems.
Author: Barış Soyer
Publisher: Taylor & Francis
ISBN: 1040216358
Category : Law
Languages : en
Pages : 295
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Book Description
Remedies are vital in commercial litigation. Additionally, in commercial law, parties are usually free to choose the forum and law that will govern their disputes. This book aims to shine the spotlight on these issues and look to several new trends and developments emerging on procedural matters relating to dispute resolution. The discussions range freely over national, international, and EU legal dimensions, and the book also comes at an opportune time, with the post-Brexit jurisdiction landscape becoming more definable. This edited volume presents contributions from highly expert and experienced academics and practitioners, collectively examining a broad range of areas relating to the complex and time-consuming issues of resolution and jurisdiction of commercial disputes. The book is divided into three parts: arbitration and ADR, jurisdiction and procedure, and choice of law. Key topics featured include summary procedures in London Maritime Arbitration, reformation of the Arbitration Act, challenges to jurisdiction, stay of proceedings, anti-suit injunctions, the EU-UK judicial space post-Brexit, the application of AI to commercial disputes, and choice of law agreements. Written for lawyers and administrators not only in England and Wales but worldwide - especially Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore, and India – the book is also valuable for specialist law libraries in Europe and the US, some specialist maritime law firms in the US, and some university libraries where maritime and shipping law are taught as specialist subjects.
Author:
Publisher:
ISBN: 9781522132356
Category : Admiralty
Languages : en
Pages :
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Book Description
Publication designed to aid Florida lawyers to practice admiralty and maritime law more efficiently and effectively. It is the ideal guide for Florida practitioners, with a focus on Florida-specific statutes, case law, and rules. The comprehensive source also cites to applicable secondary sources, as well as federal statutes and case law, and international law.
Author: Gijs Dreijer
Publisher: BRILL
ISBN: 9004540350
Category : History
Languages : en
Pages : 322
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Book Description
This book offers a study of so-called ‘Maritime Averages’, a variety of risk management instruments used in maritime trade, in the Low Countries, showing how Averages played a major role in the institutional development of the Low Countries.
Author:
Publisher:
ISBN:
Category : Maritime law
Languages : en
Pages : 436
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Book Description
Author: Gralf-Peter Calliess
Publisher: Kluwer Law International B.V.
ISBN: 9403509147
Category : Law
Languages : en
Pages : 998
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Book Description
The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (EU) is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. This article-by-article commentary – now updated to its third edition – has become a cornerstone resource in handling European cases involving conflict of laws. The occasion for publishing a third edition is that several landmark judgments on the conflict of laws have been recently rendered both by the Court of Justice of the EU and by domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the conflict of laws. The effects of these major developments are reflected throughout the new edition’s extensively revised article-by-article commentary. The commentary, authored by leading scholars of conflict of laws and drawing on a wide spectrum of case law and scholarship, highlights, among much else, such long-term implications of the Rome Regulations as the following: principles of interpretation; limiting the effects of forum shopping; limiting the trade-restricting effects of the fragmentation of national private laws; ensuring the free movement of persons; enhancement of legal certainty and predictability; and potential solutions for an agreement-based Brexit. It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic opinion. In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, the pressing question is no longer if the state has to grant access to justice in international situations but how that right can be implemented effectively. To this end, renowned conflict of laws scholars analyse every provision of the Regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.
