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Modern Maritime Law (Volume 2)

Modern Maritime Law (Volume 2) Managing Risks and Liabilities, 3rd Edition

Author: Aleka Mandaraka-Sheppard
Publisher: Informa Law
ISBN: 9781032931357

Published In: October 2024
Format: Paperback , 936 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780415839068

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This unique title examines in depth issues of jurisdiction, maritime law and practice from a modern perspective and highlights the importance of risk management with a view to avoiding pitfalls in litigation or arbitration and minimising exposure to liabilities.

The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities.

The second volume tackles the substantive maritime law with a particular emphasis on risk and liabilities, and analyses issues of contract, tort and criminal law, causation and remoteness of damages.

Key features of Volume Two include:

An analysis of the regulatory regime, new EU and IMO safety at sea legislation, reforming practices for flag states and recognised organisations, vetting, codes of good practice, and International Conventions.
An explanation of the Rules of attribution of liability, the impact of the ISM Code upon liabilities, including criminal, corporate manslaughter, and the new Directive for ship-source pollution.
Important developments in areas including:

Ship-managing risks, best endeavours and fiduciary duties
Mortgagees risks and economic torts
New BIMCO standard terms of contracts
Ship-sale risks – including sale ‘as is’ and ‘as she was’
Shipbuilding risks – guarantees and performance bonds
New trends on wrongful acts of employees, collisions and measure of damages, salvage issues, environmental salvage, and towage contracts
Piracy risks cases and general average
New perspectives on risks and liabilities of port authorities
Pollution liabilities, including trends of prosecution of class societies and charterers and new limits of liability under International Conventions

Part I: OVERARCHING ASPECTS OF RISK MANAGEMENT

Chapter 1: Managing Risks in the 21st Century – an Overview

Chapter 2: The Regulatory Regime– EU and IMO Developments

Chapter 3: Context of Regulatory Enforcement - The ISM and the ISPS Codes

Chapter 4: Attribution of liability - Risk Management in context of the ISM Code

Part II: OWNERSHIP ASPECTS AND MANAGEMENT OF RISKS

Chapter 5: Ship Ownership and Ship-Managers’ risks

Chapter 6: Risks in the mortgage of Ship

Chapter 7: Ship building Contracts and Risks Chapter 8: Risks in Ship Sale and Purchase

Part III: SHIP AND PORT RISKS AND LIABILITIES

Chapter 9: Risks and Liabilities arising from Collisions at Sea

Chapter 10: Risks and Liabilities under Salvage

Chapter 11: Risks and Liabilities under Towage Contracts

Chapter 12: Liability and Risks in General Average

Chapter 13: Risk Management by Harbour Authorities

Part IV: COMPENSATION FOR LIABILITIES AND LIMITATION

Chapter 14: Limitation of Liability for Maritime Claims

Chapter 15: Liability, Limitation, Compensation for Passengers’ Claims

Chapter 16: Liability, Limitation, Compensation for Marine Pollution, and Nuclear, damage

Dr Aleka Mandaraka-Sheppard (LLB, LLM, PhD, Dip.IArb), is a dually qualified lawyer (Greece and England) and was a practising solicitor in the City of London, Head of the Shipping Law Unit, University College London, and Professor of Maritime law. She is the Founder and Chairman of the London Shipping Law Centre – Maritime Business Forum and practises as a Maritime Arbitrator and Mediator. Her passion has been in promoting risk management education since 1998 through the LSLC and privately by conducting seminars in-house to shipping companies. This book was inspired by her teaching and practice in maritime law and by her students.

In her early years of studies in the UK, apart from her interest in shipping, she carried out research for her Ph.D into organisational behaviour and published "The dynamics of aggression in women’s prisons" (1986), which gave her insights into causes of conflict, ways of resolving difficult conflict situations, and the effect of regulations on deterring or aggravating misbehaviour. Her knowledge in this area has provided the backbone to her practice as a lawyer, educator, writer, risk management advisor, arbitrator and, in particular, as a mediator.

She is a supporting member of the LMAA, a member of: the Baltic, the Chartered Institute of Arbitrators, and the London Court of International Arbitration. She is promoting mediation and she is an accredited mediator by the ADR Group and the School of Psychotherapy and Counselling of Regent’s College London.