Responsibility and Accountability in Maritime Law: Criminalisation of the Ship's Master

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Responsibility and Accountability in Maritime Law: Criminalisation of the Ship's Master

By Simon Daniels
Informa Law from Routledge August 2024

Specifications

ISBN-13
9781032211213
Publisher
Informa Law from Routledge
Publication
August 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Despite many journal articles on the subject, this book is unique in comprehensively addressing the topic of criminalisation of a ship's Master.

The book interrogates the aim to define the nature of criminalisation, identifies the constituent problems in such criminal accountability, and open debates on options for solutions to the problems in the criminal process. It combines research into criminalisation of the shipmaster with many practical examples, cases and jurisprudence.

The book will be directly relevant to the multitude of cases where the demand of society pushes to find someone to blame for environmental and human loss.

Table of Contents

INTRODUCTION
1. WHAT IS A CRIME?
2. SOURCES OF LAW
3. THE MASTER AND THE SHIP
4. THE RISK BUSINESS
5. PORT STATE SOVEREIGNTY: WHAT COULD POSSIBLY GO WRONG?
6. MANAGEMENT CONTROL BY THE FLAG STATE
7. CRIMINAL ACCOUNTABILITY FOR NEGLIGENCE
8. CRIMINALISATION AND SEAFARERS' RIGHTS: PROBLEMS AND SOLUTIONS
9. INVESTIGATIONS, EVIDENCE AND SELF-INCRIMINATION
10. THE FOUNDATIONS OF SENTENCING: CULPABILITY AND HARM
11. OCCUPATIONAL HAZARDS
12. COMPULSORY PILOTAGE: WHO TAKES THE BLAME?
13. POLAR RISKS
14. AUTONOMOUS SHIPS
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