Southampton on Shipping Law

Written by a team of experts at Institute of Maritime Law, this book covers the key areas of maritime law in a concise and accessible format suitable for anyone new to the area.

The Institute of Maritime Law was founded in 1982 to give focus to an existing interest in maritime and international trade law. These subjects had been an important feature of law at Southampton for some ten years. The Institute is now composed of nine members and has a dedicated staff and an established international reputation. Demand for the Institute and its members comes from around the world.

Table of Contents:-

Introduction

1. Conflicts of Law - Yvonne Baatz

Applicable Law
The law applicable to contractual obligations - The Rome Convention
Which court has jurisdiction to determine an international dispute?
Council Regulation (EC) No 44/2001
Common Law rules - forum non conveniens
Arbitration - whether there is a valid arbitration clause - The Nerano etc. Mention of LMAA Rules but no discussion of procedure.

2. Charterparties - Yvonne Baatz

Fixing a Charterparty: Brokers
General Principles applicable to both time and voyage charterparties
Seaworthiness
Safe ports
Deviation
Time Charterparties
Council Regulation (EC) No 44/2001
Voyage Charterparties
Freight
Laytime and Demurrage

3. Bills of Lading and Cargo Claims - Charles Debattista

The functions of the Bill of Lading
Which court has jurisdiction to determine an international dispute?
Period of Charterparty
Cargo claims under the Hague-Visby Rules

4. International Trade and Shipping Documents - Filippo Lorenzon

CIF and FOB Sales
Sale of Goods
Sale of Documents
Letters of Credit: Their Structure and Shipping Documents under the new UCP 600
Shipping Documents in International Trade

5. Carriage of Passengers - Richard Shaw

Athens Convention
EC Package Directives

6. The Liabilities of the Vessel - Mikis Tsimplis and Richard Shaw

Pilotage - Mikis Tsimplis
Harbour and Ancillary Services - Richard Shaw
Salvage - Mikis Tsimplis
Collision - Richard Shaw
Towage - Mikis Tsimplis
Limitation of Liability - Mikis Tsimplis
Wreck removal - Richard Shaw

7. International Regulations for Ship Operators, their Verification and Enforcement - Richard Pilley and Filippo Lorenzon

Richard Pilley
SOLAS
ISM Code and the STCW Convention 1995
ISPS Code and the Maritime Labour Convention
Port State Control

Filippo Lorenzon
EMSA
EC Directive on Classification Societies

8. Marine Pollution - Mikis Tsimplis

1. Environmental conventions affecting shipping
Framework Conventions
UNCLOS provisions
Coastal State rights for environmental protection and navigation
Intervention rights on foreign vessels
2. Prevention of pollution from shipping operations
2.1 Operational discharges at sea
2.2. Emissions
3. Liability for marine pollution
3.1 Oil Pollution including bunkers
3.2 Hazardous and Noxious Substances
3.3 Carriage of Wastes
3.4 Radioactive transports and nuclear ships
4. Ship destruction
4.1 recycling of ships
4.2 ship dumping
4.3 ships as artificial reefs
5. Open questions in Marine pollution

9. Public International Law Aspects of Shipping Regulation - Andrew Serdy

1. Brief introduction to sources of international law (treaty, custom) tailored to this topic.
2. Maritime zones relevant to shipping: traditional division into territorial sea (and internal waters) and high seas; new zones (archipelagic waters, contiguous zone, EEZ) in so far as germane.
3. Closer examination of access to ports in international law.
4. Closer examination of innocent passage in the territorial sea, possibly (depending on the imminent (?) outcome) including the Intertanko litigation on the European ship-source pollution directive criminalizing "serious negligence".
5. Closer examination of high seas issues - nationality of ships, exclusive jurisdiction of the flag State and exceptions thereto.
The IMO - what it is, how it works and how conventions are negotiated under its aegis
UNCLOS Article 292 prompt release procedure for detained ships.

10. Marine Insurance and Reinsurance - Rob Merkin, Johanna Hjalmarsson, Richard Pilley and Richard Shaw
General Principles
Hull and Machinery Insurance
Cargo Insurance
Collision - Richard Shaw
General Average - Richard Shaw
P & I Clubs - Richard Pilley
The Third Parties (Rights Against Insurers Act 1930) - The Fanti and the Padre Island - Johanna Hjalmarsson
Letter of Undertaking - Johanna Hjalmarsson

11. Procedures for enforcement - Mikis Tsimplis and Richard Shaw
Admiralty jurisdiction
Security - Arrest and freezing orders
Judicial sale
Maritime Liens

12. European Union Competition Law in the Maritime Sector - Andrea Lista
Competition Law in the Maritime Sector

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