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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: Onyeka Osuji
Publisher: Cambridge University Press
ISBN: 1108472117
Category : Business & Economics
Languages : en
Pages : 485
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Book Description
A valuable interdisciplinary resource examining the concept and effectiveness of CSR as a tool for sustainable development in emerging markets.
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: Joe Gores
Publisher:
ISBN:
Category : Navy School of Diving & Salvage (U.S.)
Languages : en
Pages : 592
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Book Description
Author: Miso Mudric
Publisher: LIT Verlag Münster
ISBN: 3643904053
Category : History
Languages : en
Pages : 365
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Book Description
The research in this book examines the issue of professional salvor's liability for damage caused due to negligent performance of salvage services. Analysis is focused on the relevant international law (1989 Salvage Convention, 1976 LLMC Convention, and the 1992 CLC Convention), the (professional) liability provisions of the chosen number of jurisdictions (England/Wales, Germany, France, and the US), the standard salvage contract forms, the standard of care, the relevant salvage case law, the sanctions for poor or non-performance, and the methods of calculating the limitation of liability. (Series: Writings on Maritime and Port Law / Schriften zum See- und Hafenrecht - Vol. 20)
Author: United States. Coast Guard
Publisher:
ISBN:
Category : Environmental protection
Languages : en
Pages : 382
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Book Description
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309051495
Category : Science
Languages : en
Pages : 144
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Book Description
Prompt and effective response to time-critical ship casualties and emergencies, for example, by refloating stranded ships, can prevent marine pollution and economic disruption of ports and waterways. The marine salvage industry, which conducts this work, has undergone significant changes in the past two decades. This book evaluates these changes and assesses the adequacy of marine salvage in the United States. Among the issues addressed are conditions in the salvage industry; emergency response-time; national salvage policy; workforce needs; salvage techniques; and the contribution of the Navy to the national salvage capability.
Author: Proshanto K. Mukherjee
Publisher: Springer Science & Business Media
ISBN: 3642345980
Category : Law
Languages : en
Pages : 428
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Book Description
The book provides an introduction to shipping in all its aspects. It is a valuable source of information for students of traditional maritime law as well as for those who seek to understand maritime and shipping services on a global scale. The text includes information and analytical content on national and international practices in shipping, including the age-old dichotomy between freedom in international shipping and the persistent demands of states to control specific maritime areas, as well as the tension between, on the one hand, the desire on the part of sovereign states to regulate and protect their shipping interests and, on the other, the abiding concern and unquestioned right of the international community to regulate the global shipping industry effectively, in order to ensure maritime safety, protection of the environment and fair competition.
Author: Robert C. Beckman
Publisher: BRILL
ISBN: 9004373306
Category : Law
Languages : en
Pages : 336
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Book Description
High Seas Governance: Gaps and Challenges identifies gaps in and challenges to the existing legal regime in the protection and preservation of the marine environment of the high seas, including sensitive marine areas. The gaps identified in the book include the failure of liability and compensation schemes to cover pollution of the high seas and the fact that no state has the responsibility to clean up pollution of the high seas. One common theme of the book is that it is necessary to identify a state other than flag states, port states or coastal states, which should have an obligation to exercise jurisdiction and control over certain activities on the high seas.
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." --
