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International Maritime and Admiralty Law
William Tetley
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International Maritime and Admiralty Law is intended as a broad résumé for the scholar, professor, practitioner and judge who wishes to understand the origins of maritime and admiralty law (both civil and common and statute law).
This unique reference book offers analysis, synthesis and critical statements on the differences, advantages and disadvantages of the different law systems studied. Wherever possible, each question of law is looked at from the point of view of the civil law, the common law and the general maritime law. National laws are then examined, in particular the laws of the United Kingdom, the United States, France and Canada, as well as the Chinese Maritime Code 1993 and the Swedish (Nordic) Maritime Code 1994. Finally, international laws and conventions are considered.
International Maritime and Admiralty Law includes such information as: brief outline of the history of maritime law; general considerations; carriage of goods; charterparties; towage; collision; shipowners' limitation of liability; salvage; general average; jurisdiction and procedure; pollution; special legislative rights, maritime liens, mortgages and claims; carriage of passengers; maritime personal injury and death; marine insurance; public international maritime law (law of the sea).
Table of contents
Brief History of Maritime and Admiralty Law
- Maritime Transportation in World Development
- Evolution of Maritime and Admiralty Law
Maritime and Admiralty Law - the Constituent Parts
- The Ship
- Basic Contracts of Maritime Transportation
- Basic Themes in Maritime and Admiralty Law
- Private and Public Maritime and Admiralty Law
Common Carriage – Carriage under Bills of Lading and Related Documents
- Basic Shipping Contracts
- Issuance of the Bill of Lading
- Obligations of the Carrier
- Goods Lost or Damaged
- Obligations of the Shipper
- Bills of Lading and the Conflict of Law
Private Carriage – Carriage by Charterparty (affreightment)
- Bills of Lading and Charterparties
- Bailment and Chartering
- Basic Elements of the Voyage Charterparty
- Basic Elements of the Time Charterparty
- Basic Elements of Demise (Bareboat) Charterparties
- Charterparties and Their Jurisprudence
- Chartering and Conflicts of Law
Towage
- General Considerations
- Towage - Common Law - United Kingdom
- Towage - Common Law - United States
- Towage - Common Law - Canada
- Towage - Civil Law - France
Collision
- Apportionment of Damages: Common Law, Civil Law, Maritime Law
- Proportionate (Comparative) Fault in Maritime Law
- The Collision Regulations: A Standard for Assessing Proportionate Fault
- Presumptions of Fault
- Various Collision Liabilities
- Economic Loss in Ship Collisions
- Jurisdiction in Collision Cases
- Time Limitations
- Collision Liens
- Collision and Conflicts of Law
Limitation of Shipowners'Liability
- General Considerations
- Limitation – Two Different Concepts
- The Right to Limit
- The Limitation Fund
- Conflict of Laws
Salvage
- Historical Background
- Principles of Modern Salvage Law
- The Salvage Reward
- Life Salvage
- State-Controlled Salvage
- Time for Suit
General Average
- Definition and History of General Average
- Entitlement to General Average
- Specific Matters Addressed by the Lettered Rules
- Artificial General Average
- The Numbered Rules
- General Average Adjustment
- Contestation of General Average
- The 1994 York/Antwerp Rules
- The Nordic and Chinese Maritime Codes
Jurisdiction and Procedure
- Civil and Common Law Views of Jurisdiction
- Admiralty Jurisdiction in Rem and in Personam
- Quasi in Rem Jurisdiction – The Attachment
- Mareva Injunctions, Forum Non Conveniens, Anti-Suit Injunctions, Anton Piller Orders, Maxwell Orders and Related Procedures
- International Maritime Jurisdiction
- Jurisdiction – Admiralty
- Domestic and Foreign Sovereign Immunity
- Arbitration
Pollution
- Common Law
- Civil Law
- International Conventions
- National Laws
- The I.S.M. Code and Port State Control
Special Legislative Rights, Maritime Liens, Mortgages and Claims
- Introduction – Security under Maritime Law
- Historical Evolution Maritime Security Law
- Types of Maritime Security
- Security through Retention
- Ranking
- Assignment and Subrogation of Maritime Liens
- Extinction of Maritime Liens - Six modes of Extinction
- Realization on the Securities
- Conflict of Maritime Lien Laws
Carriage of Passengers
- Liability for Carriage of Passengers – Civil Law – Common Law
- Pre-Athens Convention Legislation
- The Athens Passenger Convention 1974
Maritime Personal Injury And Death
- Corrective Justice vs. Distributive Justice
- Distributive and Corrective Justice in Modern Law and Social Systems
- United Kingdom and Commonwealth Countries
- United States
- France
Marine Insurance
- Definition of Marine Insurance
- The Origins of Marine Insurance in Brief
- The Main Statutes
- Types of Marine Insurance and Marine Insurance Policies
- Basic Concepts and Principles
- Direct Action
- Reinsurance
- Marine Insurance and the Conflict of Laws
Public International Maritime Law (Law Of The Sea)
- Definitions
- International Law – Multiple Influences
- Sources of International Law
- Law of the Sea – Early Beginnings
- First United Nations Conference on the Law of the Sea
- Arvid Pardo and the -Common Heritage of Mankind- Principle
- The Law of the Sea Convention 1982
- The Law of the Sea Convention 1982 (The Text in Brief)
- Air Space under the Law of the Sea Convention
Appendices
- More Than 20 International Conventions And Rules
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