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Contents
- Preliminary Material
- Main Text
- 1 Concept, Sources, and International Organizations Relating to Shipping Law
- 1.1 Concept of Shipping Law and Degrees of Autonomy
- 1.2 Sources of Shipping Law— International Maritime Conventions
- 1.3 International Shipping Documents
- 1.3.1 York-Antwerp Rules, 2004
- 1.3.2 Incoterms, 2010
- 1.3.3 Uniform Rules for Electronic Bills of Lading (EBL), 1990
- 1.3.4 Uniform Rules for Sea Waybills, 1990
- 1.3.5 Voyage Charterparty Laytime Interpretation Rules, 1993
- 1.3.6 Guidelines on Oil Pollution Damage, 1994
- 1.3.7 Model National Law on Acts of Piracy and Maritime Violence, 2001
- 1.3.8 Principles of Conduct for Classification Societies, 1988
- 1.3.9 Model Contractual Clauses for Use in Agreements between Classification Societies and Governments and Classification Societies and Shipowners, 1999
- 1.4 International Maritime Organizations
- 2 Nationality, Registration, and Ownership of Ships
- 3 Shipbuilding Contracts and Termination Issues
- 3.1 Introduction
- 3.2 The Contract
- 3.3 Issues of Termination of Contract by the Buyer
- 3.4 Permissible Delays Due to Force Majeure and Excluded Delays
- 3.5 Remedies for Delay
- 3.6 Effect of Buyer’s Termination
- 3.6.1 Discharge from primary obligations
- 3.6.2 Completion of the ship by the buyer
- 3.6.3 The refund of prepaid instalments
- 3.6.4 Risk management considerations for buyers
- 3.7 Issues of Termination by the Builder
- 3.8 Effect of Builder’s Termination
- 4 Sale and Purchase of Second-Hand Ships
- 4.1 Introduction
- 4.2 Second-Hand Ships—Comparison with Newbuildings
- 4.3 The Contractual Process
- 4.4 Shipbrokers
- 4.5 English Law Background
- 4.6 The Norwegian Saleform (‘Saleform’)
- 4.6.1 History of the Saleform
- 4.6.2 Basic scheme of the Saleform/clause 4 (inspection)
- 4.6.3 Identity of parties
- 4.6.4 Description of the vessel
- 4.6.5 Deposit
- 4.6.6 Payment
- 4.6.7 Notices, time, and place of delivery
- 4.6.8 Drydocking/divers inspection
- 4.6.9 Spares, bunkers, and other items
- 4.6.10 Documentation
- 4.6.11 Encumbrances
- 4.6.12 Taxes, fees, and expenses
- 4.6.13 Condition on delivery
- 4.6.14 Name/markings
- 4.6.15 Default
- 4.6.16 Buyers’ representatives
- 4.6.17 Dispute resolution
- 4.6.18 Additional clauses
- 4.7 Nipponsale and Singapore Ship Sale Forms
- 5 Ship Management and Finance
- 5.1 Defining Ship Management
- 5.2 The Ship Manager as an Agent
- 5.3 The Functions Performed and Services Offered by the Ship Manager
- 5.4 ISM Code
- 5.5 Standard Ship Management Agreements
- 5.6 Ship Finance
- 5.7 Form and Types of Finance
- 5.8 Asset and Corporate Finance
- 5.9 The Finance Transaction
- 5.10 Security
- 5.11 The Ship Mortgage
- 5.11.1 Form of mortgage
- 5.11.2 Subject matter of the mortgage
- 5.11.3 The parties’ rights
- 5.11.4 Wrongful exercise of rights
- 5.11.5 Extinction of mortgages
- 5.12 Assignment of Earnings and Requisition Compensation
- 5.13 Assignment of Insurances
- 5.14 Guarantees
- 5.15 Share Charges and Pledges
- 5.16 Pledge of Earnings, Retention, and Reserve Accounts
- 5.17 Security over Cash Deposits
- 5.18 The Financing of Newbuildings
- 6 Security Interests in Ships
- 6.1 Introduction
- 6.2 Organization of the Chapter and Preliminary Remarks on Maritime Claims
- 6.3 Mortgage
- 6.4 Maritime Liens
- 6.5 Special Legislative Rights and Charges
- 6.6 Possessory Liens
- 6.7 The Enforcement of General or Unsecured Maritime Claims and the Creation of Security Interests Thereby
- 6.8 National Examples of the Operation of the International Maritime Security Regime
- 6.9 Insolvency
- 6.10 Conclusion
- 7 Law of Maritime Safety
- 7.1 Introduction
- 7.2 Formulation of the Maritime Safety Rules
- 7.3 Control of Maritime Safety Regulations
- 7.3.1 Flag State control
- 7.3.2 Delegation to recognized organizations
- 7.3.3 PSC
- 7.4 Conclusion
- Further Reading
- 8 Maritime Labour Law
- 8.1 Introduction to Seafarers’ Rights
- 8.2 Status of Master and Seafarers
- 8.3 Recruitment and Placement
- 8.4 Contracts
- 8.5 Discipline and Criminal Law
- 9 International Trade and Shipping Documents
- 10 Charterparties
- 10.1 Introduction
- 10.2 Voyage Charters
- 10.2.1 The basic obligations of the parties
- 10.2.2 The owners’ obligations
- 10.2.3 The charterers’ obligations
- 10.2.3.1 To provide the cargo
- 10.2.3.2 Not to ship dangerous cargo
- 10.2.3.3 Laytime and demurrage
- 10.2.3.4 Safe port
- 10.2.3.5 The approach voyage
- 10.2.3.6 Laycan
- 10.2.3.7 Laytime and demurrage
- 10.2.3.8 Notice of Readiness (NOR)
- 10.2.3.9 The ship must actually be ready
- 10.2.3.10 The calculation of laytime
- 10.2.3.11 The calculation of demurrage
- 10.2.3.12 Despatch
- 10.2.3.13 Responsibility for loading and discharging
- 10.2.3.14 Freight
- 10.3 Time Charters
- 10.3.1 Introduction
- 10.3.2 Seaworthiness
- 10.3.3 Description of the ship
- 10.3.4 Safe ports
- 10.3.5 The charter period
- 10.3.6 Payment of hire
- 10.3.7 Deductions from hire
- 10.3.8 Redelivery
- 10.3.9 Early redelivery
- 10.3.10 The right to withdraw the ship on non-payment of hire
- 10.3.11 Employment and indemnity clause
- 11 Bills of Lading
- 11.1 Introduction
- 11.2 The Functions Performed by the Bill of Lading
- 11.3 The Bill of Lading and the Information Technology Revolution
- 11.4 Conclusion
- 12 Transfer of Bill of Lading Contracts by Statute
- 13 Multimodal Transport
- 13.1 Multimodal Transport: General Overview
- 13.2 International Instruments on Multimodal Transport
- 13.3 Recent Regulatory Developments
- 14 Carriage of Passengers and their Luggage by Sea
- 15 Law of Towage
- 15.1 Introduction and Overview
- 15.2 Preliminary Considerations
- 15.3 The Position Absent Contract as to Rights and Obligations as Between the Tug and the Tow
- 15.4 Contracts for Towage
- 15.4.1 Port and coastal contracts
- 15.4.2 Other types of similar forms compared
- 15.4.3 Ocean towage contracts
- 15.4.3.1 The role and work of BIMCO
- 15.4.3.2 The dominant forms in worldwide ocean towage: Towcon and Towhire
- 15.4.3.2.1 The basic position under these forms
- 15.4.3.2.2 Core obligations
- 15.4.3.2.3 Liabilities and indemnities: the role of knock-for-knock
- (a) Sub-clause (a): injury to or death of those engaged in the towage
- (b) Sub-clause (b): loss of or damage to or caused by the tug and tow
- (c) Clause 25(b) as an exemption clause
- (d) Heads of excluded loss and damage
- (e) Clause 25(b) as an indemnity
- (f) Clause 25(c): other losses
- (g) Overview of clause 25
- 15.4.3.3 Other forms and the impact of BIMCO towage contracts on offshore contracts allied to towage
- 16 Law of Harbours and Pilotage
- 17 Law of Marine Collisions and other Casualties to Hull and Machinery
- 17.1 Jurisdiction and Conflict of Laws in Collision Cases
- 17.1.1 Administrative investigation and discipline
- 17.1.2 Civil jurisdiction
- 17.1.2.1 International Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision, 1952
- 17.1.2.2 Draft International Convention for the Unification of Certain Rules Concerning Civil Jurisdiction, Choice of Law, and Recognition and Enforcement of Judgments in Matters of Collision, 1977
- 17.1.2.3 The doctrine of forum non conveniens
- 17.1.2.4 Conflict of laws
- 17.1.3 Criminal jurisdiction
- 17.2 Basis of Civil Liability in Collision Cases
- 17.3 De-Coding Casualties: Terms of Art
- 17.4 The Collision Regulations
- 17.5 Collision Case Analysis and Apportionment of Fault
- 17.6 Damages in Collision Cases
- 17.7 Types of Non-Collision Casualties
- 17.8 Defendants in Non-Collision Casualties
- 17.9 The Curse of Criminalization
- 17.10 The State of the Law Regarding Collision
- 17.11 The Last Word
- 17.1 Jurisdiction and Conflict of Laws in Collision Cases
- 18 Law of Salvage
- 18.1 General Principles of Salvage Law
- 18.2 Salvage Distinguished from Towage
- 18.3 Common Law or Contractual Salvage
- 18.4 The Four Essential Characteristics of Salvage
- 18.5 The Salvage Convention 1989
- 19 Law of Wrecks
- 19.1 Definition of ‘Wreck’
- 19.2 Background to Wreck Removal Convention 2007
- 19.3 The Convention
- 19.4 The Future
- Further Reading
- 20 Law of General Average
- 20.1 Introduction
- 20.2 The York-Antwerp Rules
- 20.3 Damage to the Environment
- 20.4 The YAR in Special Situations
- 20.5 Ransoms Paid to Pirates
- 20.6 Contributory Values
- 20.7 Interest and Commission
- 20.8 Practical Aspects
- 20.9 Adjustment of General Average
- 20.10 Review of the YAR: Future Developments
- 21 Enforcement of Maritime Claims
- 21.1 Introduction
- 21.2 The Notion of Maritime Claims in International Conventions
- 21.3 The Enforcement of Maritime Claims by Means of the Arrest of a Ship
- 21.3.1 Relationship between the person liable in respect of the claim and the ship at the time the claim arose
- 21.3.2 Relationship between the person liable in respect of the claim and the ship at the time the claim is enforced
- 21.3.3 How the ship in respect of which the claim has arisen is identified
- 21.3.4 Whether ships other than that in respect of which the claim has arisen may be arrested
- 21.3.5 Claims secured by maritime liens
- 21.3.6 Jurisdiction on the merits
- 21.4 The Influence of Global Limitation of Liability on the Enforcement of Maritime Claims
- 21.5 The Influence on Enforcement of Maritime Claims of the Bankruptcy of a Shipowner or of Other Actions Affecting the Totality of a Shipowner’s Assets
- 22 Limitation of Liability for Maritime Claims
- 22.1 Introduction
- 22.2 Persons Entitled to Limit Liability
- 22.3 Claims Subject to Limitation
- 22.4 Claims Excepted from Limitation
- 22.5 Conduct Barring Limitation
- 22.6 Counterclaims
- 22.7 The Limits of Liability
- 22.8 Aggregation of Claims
- 22.9 The Limitation Fund
- 22.10 The Current State of the Amended LLMC Convention
- 23 The Law of Marine Insurance
- 23.1 Introduction
- 23.2 Definition of Marine Insurance
- 23.3 Historical Background
- 23.4 Types of Marine Insurance
- 23.5 Sources of Marine Insurance Law
- 23.6 Organization of Marine Insurance Markets
- 23.7 Characteristics of the Contract of Marine Insurance
- 23.8 Subrogation of the Insurer
- 23.9 Reinsurance and Co-Insurance
- 23.10 Conclusion
- 1 Concept, Sources, and International Organizations Relating to Shipping Law
- Further Material
