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Polar Law
In this informative book, Yoshifumi Tanaka examines the key legal issues within the developing field of polar law through the lens of public international law. He argues that the polar regions are a microcosm of challenges facing the international community today, and emphasises the crucial role of polar law in addressing them.
Autonomous Vessels in Maritime Affairs
This book examines law and governance implications in relation to maritime autonomous surface ships (MASS). Adopting a multi-disciplinary approach, it focuses on a wide array of timely, topical and thorny issues, including naval warfare and security, seaworthiness and techno-regulatory assessments, global environmental change, autonomous passenger transportation, as well as liability and insurance. It also considers selected national and regional developments. The book provides an insight into the role of innovation-diplomacy as the driving force that could expedite the transition from automation to autonomy. After navigating through the complex law and governance landscape, it concludes by assessing critical findings for further consideration. The book will appeal to scholars and students of maritime technology, law and governance. Chapter 11 and Chapter 18 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Non-Contractual Liability Arising out of Damage Caused to Another
"Non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the DCFR. The law of non-contractual liability arising out of damage caused to another (in the Common Law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict) is the area of law which determines whether one who has suffered a damage can on that account demand reparation (in money or in kind) from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of ...
The Law of ESG Derivatives
This book weaves together a comprehensive legal analysis of sustainable finance regimes governing Environment, Social and Governance (ESG) derivatives, with insightful sociological perspectives on risks and uncertainties. Sustainable finance offers a unique chance to channel capital towards sustainability goals, with ESG derivatives emerging as potent catalysts for a transition to a more sustainable economy. Beyond amplifying capital flow, they strategically align with effective ESG risk and uncertainty management. The book explores how integrating ESG derivatives can strategically serve sustainable investment, offering insights into optimal risk management. The work not only outlines challe...
Autonomous Ships and the Law
Interest in autonomous ships has grown exponentially over the past few years. Whereas a few years ago, the prospect of unmanned and autonomous vessels sailing on the seas was considered unrealistic, the debate now centers on when and in what format and pace the development will take place. Law has a key role to play in this development and legal obstacles are often singled out as principal barriers to the rapid introduction of new technologies in shipping. Within a few years, autonomous ships have turned from a non-issue to one of the main regulatory topics being addressed by the International Maritime Organization. However, the regulatory discussion is still in its infancy, and while many n...
Elgar Concise Encyclopedia of Polar Law
This Encyclopedia examines modern polar law and the specific legal regimes applicable in the Antarctic and the Arctic. It outlines related areas of international law, including law of the sea and environmental law, providing an invaluable overview and encouraging further research. Analyzing a breadth of topics, including biodiversity, marine protected areas and maritime zones, the Encyclopedia reflects increased global attention on the polar regions, their resources, environment, and governance.
Maritime Organisation, Management and Liability
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 as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. 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, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, 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.
