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A comprehensive review of the laws and regulations governing the shipmaster including customary law, case law, statutory law, treaty law and regulatory law, covering: • A brief history of the shipmaster • Manning and crewing requirements in relation to vessel registration • Comparison of regimes of law of agency for shipmasters and crews across jurisdictions • Examination of shipmaster liability (civil and criminal)
An accessible introduction to multimodal contracts of carriage, Multimodal Transport Law works from general principles toward specific, technical problems. Adopting an international approach, it addresses such key topics as: Contracts of carriage Transport documents The parties to a contract of carriage International conventions on the carriage of goods Multimodal situations covered by unimodal conventions Conflict of laws The rules applicable to the individual legs of multimodal contracts of carriage The Rotterdam Rules Providing a close examination of the relevant rules, regulations and case law, this is essential reading for law students, useful for claims handlers and practitioners, and of interest for academics and legislators seeking a better appreciation of multimodal contracts of carriage.
The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.
We only have to look around us on the road while we travel to work or home, or to use our eyes at a railway station to know that the transport of goods takes up a lot of the room our modern day infrastructures provide. Sometimes perhaps a little too much; nowadays congestion seems to be the rule rather than the exception. This is an uncomfortable side effect of the explosive growth freight transport has experienced the last few decades1. Modern day transport offers a considerable array of possibilities; possibilities that are for the most part taken for granted by the general public that enjoys their benefits. The average European would not be surprised to learn that the fruit on offer in the local supermarket originates from another continent for instance. The idea that most of the things we use in our daily routine stem from a distant source, such as a cell phone from Japan, a trendy pair of designer jeans made in China or a glass of Australian wine, seems completely natural to us. Clearly the contemporary transport industry offers us a lot of benefits besides such discomforts as congestion and pollution. In earlier times, before machinery such as the steam engine had been invented it was hardly cost effective or even feasible when it came to perishables to carry goods halfway around the world if they were not at least valuable and extraordinary2. The limitations set on trade by the transport structures available did more however than simply curtail the range of affordable products on offer for the public. They also had a negative effect on the location of the industry, limited transport possibilities and forced production to take place near or in heavily populated areas to secure the necessary workforce and market possibilities. After all, industrial decentralisation is only feasible if there is an infrastructure capable of supporting a cost effective movement of goods and employees3 ...
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in Germany. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marine pollution; collision; and carriage of passengers. Other topics discussed include liability and limitation of liability, charter parties, and transport under bill of lading. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are also covered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling transport contracts or cases affecting Germany. It will also be welcomed by researchers and academics for its contribution to a field that continues to gain significance in the study of comparative law.
Now in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style. This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including: New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case The concept of the "wilful misconduct" in failure to guard the vehicle Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG It also provides new coverage of the impact of e-commerce on road haulage. This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in Greece. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marine pollution; collision; and carriage of passengers. Other topics discussed include liability and limitation of liability, charter parties, and transport under bill of lading. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are also covered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling transport contracts or cases affecting Greece. It will also be welcomed by researchers and academics for its contribution to a field that continues to gain significance in the study of comparative law.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in India. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marine pollution; collision; and carriage of passengers. Other topics discussed include liability and limitation of liability, charter parties, and transport under bill of lading. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are also covered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling transport contracts or cases affecting India. It will also be welcomed by researchers and academics for its contribution to a field that continues to gain significance in the study of comparative law.
John Livermore’s succinct monograph provides a useful overview of Australian transport law, as of July 2017...This is a readable and useful publication which provides a good summary of Australian transport law. Simon Baughen, Professor of Shipping Law, Swansea University /Artho Cyraith Llongau. Extract from full review of the 3rdedition in Journal of International Maritime Law, January 2020 Transport Law in Australia is a clear and well researched resource covering all modes of transport. It should be the first port of call for logistic professionals, transport lawyers and students when seeking to understand the legalities of transport in Australia. Russell Wiesse, Director CTG Law This updated edition of Transport Law in Australia describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries. The scope of the book is broad in that it encompasses maritime, road, rail, air, and multimodal transport law. Almost half the book is devoted to maritime and shipping law which, for an island nation with over 95% of its international trade carried by sea, is as important as it is unsurprising. Whilst works of this nature have the potential to be a ‘dry’ read, in this case the author has taken an approach which makes the book eminently readable and usable. The text is well supported by in-depth research and enhanced with comprehensive referencing, footnotes, tables of cases and statutes, as well as a selected bibliography. With Australian society and the economy vitally dependent on all modes of transport this book will be a valuable addition for many in the transport community. This includes transport operators, shippers and freight forwarders, transport regulators and lawyers, as well as academics, researchers and students engaged in the study of transport. The author’s practical and masterful approach to the subject should go a long way to ensuring the success of Transport Law in Australia as well as being a valuable addition to the body of literature on this important topic. Barrie Lewarn, Professor, Australian Maritime College, National Centre for Ports and Shipping, University of Tasmania Review of the 2nd edition of Transport Law in Australia