RUSSIAN MARITIME LAW ASSOCIATION

PublicationsStatistics → issue 3/2021

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REVIEW OF NEW RUBLICATIONS ON MARITIME LAW

1. Artificial Intelligence and Autonomous Shipping. Developing the International Legal Framework. Ed. by Baris Soyer, Andrew Tettenborn

This collection of essays critically evaluates the legal framework necessary for the use of autonomous ships in international waters. The work is divided into three parts:

Part 1 evaluates how far national shipping regulation, and the public international law background that lies behind it, may need modification and updating to accommodate the use of autonomous ships on international voyages.

Part 2 deals with private law and insurance issues such as collision and pollution liability, salvage, limitation of liability and allocation of risk between carrier and cargo interests.

Part 3 analyses international convention regimes dealing with maritime safety and other matters, arguing for specific changes in the existing conventions such as SOLAS and MARPOL, which would provide the international framework that is necessary for putting autonomous ships into commercial use.

The book also takes the view that amendment of international conventions is important in the case of liability issues, arguing that leaving such matters to national law, particularly issues concerning product liability, could not only restrict or hinder the availability of liability insurance but also hamper the development of technology in this field.

Written by internationally-known experts in their respective areas, the book offers a holistic approach to the debate on autonomous ships and makes a timely and important contribution to the literature.

2. Autonomous Ships and the Law. Ed. by Henrik Ringbom, Erik Rosaeg, Trond Solvang

Interest in autonomous ships has grown exponentially over the past few years. However, the regulatory discussion is still in its infancy, and while many new questions have been raised, few answers have been provided to them to date. Increased automation of tasks that have traditionally been undertaken by ships’ crews raises interesting legal questions across the whole spectrum of maritime law. The first of its kind, this book explores the issue of autonomous ships from a wide range of legal perspectives, including both private law and public law at international and national level, making available cutting-edge research which will be of significant interest to researchers in maritime law.

3. Maritime Organisation, Management and Liability: A Legal Analysis of New Challenges in the Maritime Industry. Ed. by Stephen Girvin, Vibe Ulfbeck

This book identifies and examines the legal challenges facing the shipping industry and ship management today. It first addresses flag state rules and private international law. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies. Finally, the fourth section concerns digitalisation and automation and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods. The book will be a useful resource for academics and practising lawyers working in shipping and maritime law.

4. The South China Sea Arbitration: Toward an International Legal Order in the Oceans by Yoshifumi Tanaka

Beyond the scope of the dispute settlement between the Philippines and China, the South China Sea arbitral award can be thought to significantly influence the development of international law and the law of the sea. Accordingly, this book seeks to examine the South China Sea arbitration from the perspective of the development of public international law and its limitations. Specifically, it addresses the issues of jurisdiction of the Annex VII Arbitral Tribunal, the historic rights, the legal status of maritime features, the lawfulness of various activities of China, and the role of the South China Sea arbitration in the international dispute settlement.

5. Predictability and Flexibility in the Law of Maritime Delimitation by Yoshifumi Tanaka (2nd edition)

This fully revised new edition offers a comprehensive picture of the law of maritime delimitation, incorporating all new cases and State practice in this field. As with all types of law, the law of maritime delimitation should possess a degree of predictability. On the other hand, as maritime delimitation cases differ, flexible considerations of geographical and non-geographical factors are also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a number of diverse factors in order to achieve an equitable result? This is the question at the heart of the law of maritime delimitation. This book explores a well-balanced legal framework that reconciles predictability and flexibility in the law of maritime delimitation.

6. A Guide to Shipbuilding Contracts by Albert Lazarus

Having been involved in the shipping industry for more than 20 years in different roles, Albert Lazarus has been wanting to publish a book on the complex subject of ship building contract. His association with Norwegian shipping companies who constantly upgraded their fleet of ships made the subject all the more interesting with first-hand experience at various shipyards. The thought of the development taking place around the Indian coast and the Government of India focus on developing the maritime sector prompted the author to write this book. This book guides on the various aspects of a ship building contract.

7. The International Tribunal for the Law of the Sea by Kriangsak Kittichaisaree

Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this volume in the Elements of International Law series shows why a stable legal regime governing the uses and management of the oceans is such an important feature of international relations. With first-hand experience and detailed analysis of the relevant instruments and prominent cases, Judge Kittichaisaree sheds light on the inner workings of the Tribunal, providing an accessible and invaluable resource for students and practitioners alike.

8. Marsden and Gault on Collisions at Sea. 15th edition. Ed. by Andrew Tettenborn, John Kimbell

Marsden forms part of the highly respected British Shipping Law Series. It serves as an in-depth guide to the specialist and self-contained area of Collision and Loss in maritime law examining recent cases and convention developments. The 15th edition, edited by Professor Andrew Tettenborn and John Kimbell QC, has been updated not only in substance, but in arrangement, instigating a more modern and clearer structure.

9. Kennedy and Rose on the Law of Salvage by Francis Rose (10th edition)

Kennedy and Rose forms part of the leading British Shipping Law Series. It serves as an in-depth guide to the specialist areas of salvage and wreck in the context of applicable English and international law. The 10th edition, written by Professor Francis Rose, has been fully updated to take account of developments in law and practice in salvage, wreck and related areas of law.

10. Chorley and Giles Shipping Law by Robert Samuel Theodore Chorley, O.C. Giles, N.J.J. Gaskell, C. Debattista (9th revised edition)

“Chorley and Giles Shipping Law” was originally published for students of commerce and employees in shipping offices and is now in its ninth edition. Currently used extensively by teachers, students and practitioners of maritime law this text has been revised, with five years’ change in case law, statutes and commercial practice. This is the only major student textbook to deal comprehensively with the law relating to ownership and registration of ships, the running of ships, and marine insurance within one volume.

11. Routledge Handbook of the South China Sea. Ed. by Zou Keyuan

The Routledge Handbook of the South China Sea presents a comprehensive and in-depth analysis of South China Sea issues. It evaluates the dynamics of the latest developments and identifies factors that contribute to dispute settlement and a cooperative management regime of one of the most important seas in the world – one which not only contains rich marine resources and distinctive biodiversity but is also a critical sea route for global trade and communications. As such, the Handbook provides an authoritative reference to South China Sea Stu dies, useful for students and scholars of international relations, history, maritime and Asian studies.

12. Global Challenges and the Law of the Sea. Ed. by Marta Chantal Ribeiro, Fernando Loureiro Bastos, Tore Henriksen

This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources.

Ему предшествовали, в частности, Закон 1601 г. о вопросах страхования в отношениях между коммерсантами (An Act Concerning Matters of Assurances amongst Merchants), законы о морском страховании (Marine Insurance Acts) 1745 и 1788 гг., Закон о полисах морского страхования (Policies of Marine Assurance Act) 1868 г.

Notes

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