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Author: Durand Martin Cupido
Publisher: Taylor & Francis
ISBN: 1000853020
Category : Law
Languages : en
Pages : 129
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Book Description
This book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as the first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework of environmental protection measures regulated under different legal instruments or laws. The law of salvage fails to effectively integrate salvage operations into broader pollution response mechanisms because it does not align comfortably with this framework of laws. Despite the emphasis on environmental protection in the 1989 London Salvage Convention, the Convention maintains the traditional notion of salvage operations as a service to property, while environmental outcomes and the remuneration of environmental services are positioned as a secondary outcome of the law of salvage. This book argues that directly contracting for environmental services bolsters the primacy of environmental protection and the functional use of law to further environmental protection and policy formulation. Direct contracting between coastal States and salvors for environmental services complements existing practices and pollution response mechanisms and provides a sound legal basis for the effective realisation of salvage operations as the first line of defence against pollution following shipping incidents without fundamentally altering the established commercial identity of the traditional law of salvage. This book will be key reading for students, academics, and practitioners working at the intersection of shipping and environmental law.
Author: Durand Martin Cupido
Publisher: Taylor & Francis
ISBN: 1000853020
Category : Law
Languages : en
Pages : 129
Get Book Here
Book Description
This book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as the first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework of environmental protection measures regulated under different legal instruments or laws. The law of salvage fails to effectively integrate salvage operations into broader pollution response mechanisms because it does not align comfortably with this framework of laws. Despite the emphasis on environmental protection in the 1989 London Salvage Convention, the Convention maintains the traditional notion of salvage operations as a service to property, while environmental outcomes and the remuneration of environmental services are positioned as a secondary outcome of the law of salvage. This book argues that directly contracting for environmental services bolsters the primacy of environmental protection and the functional use of law to further environmental protection and policy formulation. Direct contracting between coastal States and salvors for environmental services complements existing practices and pollution response mechanisms and provides a sound legal basis for the effective realisation of salvage operations as the first line of defence against pollution following shipping incidents without fundamentally altering the established commercial identity of the traditional law of salvage. This book will be key reading for students, academics, and practitioners working at the intersection of shipping and environmental law.
Author: Durand M. Cupido
Publisher:
ISBN: 9781003315506
Category : LAW
Languages : en
Pages : 0
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Book Description
This book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as the first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework of environmental protection measures regulated under different legal instruments or laws. The law of salvage fails to effectively integrate salvage operations into broader pollution response mechanisms because it does not align comfortably with this framework of laws. Despite the emphasis on environmental protection in the 1989 London Salvage Convention, the Convention maintains the traditional notion of salvage operations as a service to property, while environmental outcomes and the remuneration of environmental services are positioned as a secondary outcome of the law of salvage. This book argues that directly contracting for environmental services bolsters the primacy of environmental protection and the functional use of law to further environmental protection and policy formulation. Direct contracting between coastal States and salvors for environmental services complements existing practices and pollution response mechanisms and provides a sound legal basis for the effective realisation of salvage operations as the first line of defence against pollution following shipping incidents without fundamentally altering the established commercial identity of the traditional law of salvage. This book will be key reading for students, academics, and practitioners working at the intersection of shipping and environmental law.
Author: David Joseph Attard
Publisher: Oxford University Press
ISBN: 0199683948
Category : Law of the sea
Languages : en
Pages : 657
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Book Description
"This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact." --
Author: Aldo E. Chircop
Publisher: Martinus Nijhoff Publishers
ISBN: 900414952X
Category : History
Languages : en
Pages : 581
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Book Description
Written by scholars and practitioners, this work consists of 20 multidisciplinary chapters addressing the law, policy and management aspects of the problem of places of refuge for ships in need of assistance. Specific chapters focus on the experiences and approaches of Australia, Belgium, Canada, Denmark, Germany, United Kingdom and United States.
Author: Geoffrey Brice
Publisher: Sweet & Maxwell
ISBN: 0414045793
Category : Law
Languages : en
Pages : 1079
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Book Description
Providing coverage of the latest developments in all aspects of the law of torts, this First Supplement brings the 20th Edition of Clerk & Lindsell on Torts fully up to date. The Supplement discusses recent case law, legislation and issues affecting the practice and development of tort law.
Author: Sarah Dromgoole
Publisher: Cambridge University Press
ISBN: 052184231X
Category : History
Languages : en
Pages : 439
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Book Description
The first full-scale study of the international legal framework governing underwater cultural heritage to be published in nearly two decades.
Author: Stephen de Mora
Publisher: Cambridge University Press
ISBN: 1108422373
Category : Business & Economics
Languages : en
Pages : 397
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Book Description
A comprehensive, global review of the impact ships have on the environment, covering pollutant discharges, non-pollutant impacts and international legislation.
Author: United States. Coast Guard
Publisher:
ISBN:
Category : Environmental protection
Languages : en
Pages : 402
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Book Description
Author: Senbursa, Nihan
Publisher: IGI Global
ISBN: 1799890414
Category : Business & Economics
Languages : en
Pages : 465
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Book Description
During the COVID-19 pandemic, employees of maritime and logistics sectors have continued their activities both on shore and on board to complete operations and supply continuity of logistics management in hard times. While organizations worked to provide the best services to customers, the shipping industry suffered by the work-life changes brought by the pandemic. Changes have been felt in talent management in new shipping, changing maritime ethics and affecting the maritime industry psychology, employee motivation, importance of seafarers, and employee rights and responsibilities. The Handbook of Research on the Future of the Maritime Industry presents leaders and managers from maritime and logistics industries, sharing their experiences, new paradigms, practices, and strategies. This book provides practical ideas and strategies to cope with the consequences of the “new normal” in the wake of the global pandemic crisis. Covering topics such as employee rights, occupational safety, and psychological effects, this book is an essential resource for senior executives, leaders and managers, HR professionals, lecturers, business clusters, entrepreneurs, researchers, scholars, academicians, and faculty of higher education.
Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
ISBN: 110842421X
Category : Law
Languages : en
Pages : 641
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Book Description
Provides comprehensive coverage of basic and contemporary issues of the law of the sea in a systematic manner.
