Selected Issues in Maritime Law and Policy: Liber Amicorum Proshanto K. Mukherjee

Maximo Q. Mejia, Jr. (Editor)
Maritime Law and Policy, World Maritime University, Sweden

Series: Laws and Legislation
BISAC: LAW066000

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Volume 10

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Special issue: Resilience in breaking the cycle of children’s environmental health disparities
Edited by I Leslie Rubin, Robert J Geller, Abby Mutic, Benjamin A Gitterman, Nathan Mutic, Wayne Garfinkel, Claire D Coles, Kurt Martinuzzi, and Joav Merrick

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The international nature of the maritime industry means that ships are subject to the varying legal jurisdictions of the ports in which they call. Law and policy provide a framework necessary for establishing order and harmonization in a highly regulated global industry; they are vital instruments for promoting the safety, security, and commercial efficiency of shipping as well as the protection of the marine environment, in an atmosphere of competing national-contra-global as well as private-contra-public interests. Furthermore, it is of great importance that the legal and policy aspects of maritime activities closely follow the rapid pace of technological and commercial developments. Students and practitioners in maritime law and policy need to be constantly familiar with trends in the shipping industry and possess a solid comprehension of the international legal regimes that not only encourage the sustainable development of global maritime commerce, but also regulate its conduct.

This book is a collection of essays dedicated to Professor Proshanto Kumar “PK” Mukherjee, one of the leading lights in the area of maritime law and policy. It presents a mix of background information and insightful analysis by leading experts on a wide range of some of the most pressing and contemporary maritime law and policy topics – ranging from the development of maritime standards (Mbiah) to the challenges of operating flags of convenience (Mensah), from the latest convention on the international carriage of goods by sea (Basu Bal) to liability and compensation issues related to ship-source marine pollution (Jacobsson, Xu, Kojima), from the intricacies of marine insurance law (Thomas, Gauci) to the vagaries of the conflict of laws (Manolis), and from the legal framework for maritime piracy (Menefee) to the linkages between political stability, economic development, and piracy (Mejia). This book hopes to serve students, faculty, and researchers in the fields of law, policy, and general maritime studies, as well as other maritime professionals in the public or the private sector – including advisers on maritime law and policy and marine environmental protection issues – who wish to acquire advanced knowledge in a selection of international maritime law and policy issues. (Imprint: Nova)

Foreword

Preface

Chapter 1. The Role of the International Maritime Organization in the Development of Maritime Law and Policy
(Kofi Mbiah, Legal Committee of IMO, and others)

Chapter 2. Flags of Convenience: Promises and Problems
(Thomas A. Mensah, International Tribunal for the Law of the Sea, Manila, Philippines)

Chapter 3. Causation in the English Law of Marine Insurance: The Case for Change
(Gotthard Gauci, Plymouth Business School, Plymouth University, UK)

Chapter 4. Dimensions on the Concept of Inherent Vice as an Excluded Peril in Marine Insurance
(D. Rhidian Thomas, Institute of International and Trade Law, Swansea University, UK)

Chapter 5. Ship-Source Marine Pollution and Public International Law
(Chie Kojima, Musashino University, Japan)

Chapter 6. The International Legal Framework Governing Liability and Compensation for Ship-Source Oil Pollution Damage
(Jingjing Xu, Maritime Law and Economics, School of Management, Plymouth University, UK)

Chapter 7. Places of Refuge: Who Pays Compensation when Things Go Wrong?
(Måns Jacobsson, International Oil Pollution Compensation Funds)

Chapter 8. The “International” Aspect of the Conflict of Laws: Definitions, Perspectives and Regimes
(F. Mikis Manolis, Hungerford Tomyn Lawrenson and Nichols)

Chapter 9. The Legal Framework for Electronic International Trade: The Rotterdam Rules in Perspective
(Abhinayan Basu Bal, Department of Law, School of Business, Economics and Law, University of Gothenburg, Sweden)

Chapter 10. International Legal Framework (UNCLOS, SUA, and UN Resolutions): How Adequate are They in Tackling Piracy?
(Samuel Pyeatt Menefee, University of Virginia School of Law, VA, USA)

Chapter 11. Economic Development, Political Stability, and Maritime Piracy: Exploring the Linkages
(Maximo Q. Mejia Jr., Maritime Law and Policy, World Maritime University, Sweden)

Papers and Publications of Professor Proshanto Kumar Mukherjee

Authors’ Biographies

Index

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