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Maritime Letters of Indemnity: Maritime Letters Of Indemnity (Lloyd's Shipping Law Library)
by Felipe Arizon David SemarkThis unique new title provides expert, hands-on advice as to the law and practice of the maritime letter of indemnity. Detailing the variety of implications that can arise from each type of letter, the authors bring this important and litigious subject to the fore with a view to reducing the commercial and legal risks involved in this core area of shipping and international trade. Key features of this title include detailed legal analysis of: The history of indemnity contracts and letters of indemnity Shipping and international trade contexts where letters of indemnity are used GAFTA sale contract forms and standard letter of indemnity P&I Clubs forms The enforceability of maritime letters of indemnity The rights and liabilities for sellers, buyers, banks and ship owners which arise from the use of letters of indemnity The impact on the system based on the use of bills of lading and on electronic bills of lading Policy issues arising from the use of letters of indemnity in practice and of the practicalities of litigation involving letters of indemnity. As the only text currently on the market covering maritime letters of indemnity in such detail, this book will be an indispensable guide for maritime lawyers, professionals and academics alike, as well as shipowners, charterers, commodity traders and trade finance professionals
Maritime Liabilities in a Global and Regional Context (Maritime and Transport Law Library)
by Andrew Tettenborn Barış SoyerMaritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 13th International Colloquium at Swansea Law School in September 2017. Written by a combination of top academics and highly-experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding maritime liabilities. <P><P>The book is set out in two parts: <li> Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities <li> Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. <P><P>An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.
Maritime Operations Law in Practice: Key Cases and Incidents (Routledge Research on the Law of the Sea)
by Rob McLaughlin David LettsThe law that applies to maritime operations at sea is complex and comprises two distinct elements, treaty law 1982 UN Convention on the Law of the Sea, and the cases and incidents that occur at sea in both peacetime, and during armed conflict, which result in the creation of customary international law applicable to maritime operations at sea. Covering sovereignty and vessel status, jurisdiction and interdiction, freedom of navigation, maritime law enforcement and security, and the law of naval warfare, this edited collection brings together the most famous and influential cases and incidents at sea. Exploring the entire spectrum of maritime operations from ‘high end’ warfighting to constabulary operations that are conducted by naval forces and maritime law enforcement agencies at sea to provide the factual circumstances of each case or incident. Offering sophisticated analysis and insights into the case or incident’s enduring importance, and their significance for the development of the law applicable to maritime operations. Offering a detailed account and evaluation of the most critical but rarely understood cases in Maritime Operations Law, which encourages comparison between key cases, this book will be an essential reference for practitioners, scholars, teachers, and students of maritime operations law.
Maritime Order and the Law in East Asia
by Nong Hong Gordon HouldenMany of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.
Maritime Safety in Europe: A Comparative Approach (Maritime and Transport Law Library)
by Justyna Nawrot and Zuzanna Pepłowska-DąbrowskaThe book is concerned with the harmonisation of maritime safety legal systems in Europe. It describes maritime safety legal systems in selected European countries as well as maritime safety issues from the perspective of the International Maritime Organisation, European Union, and European Free Trade Association. Distinguished scholars from Europe's leading maritime law academic centres present national perspectives of maritime safety systems, questioning whether the adopted national solutions guarantee the compatibility with IMO and EU legal regime, as well as assessing the global and EU system. Moreover, the book seeks to provide some answers as to whether the IMO goals on maritime safety are adequate in light of current safety challenges and how to achieve higher level of enforcement of internationally-recognised maritime safety standards. It will be of great assistance to those readers who need to familiarize themselves with current problems inherent in maritime safety, whether that be lawyers, scholars, professional mariners, or national institutions.
Maritime Salvage Operations and Environmental Protection (Routledge Research on the Law of the Sea)
by Durand Martin CupidoThis book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as the first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework of environmental protection measures regulated under different legal instruments or laws. The law of salvage fails to effectively integrate salvage operations into broader pollution response mechanisms because it does not align comfortably with this framework of laws. Despite the emphasis on environmental protection in the 1989 London Salvage Convention, the Convention maintains the traditional notion of salvage operations as a service to property, while environmental outcomes and the remuneration of environmental services are positioned as a secondary outcome of the law of salvage. This book argues that directly contracting for environmental services bolsters the primacy of environmental protection and the functional use of law to further environmental protection and policy formulation. Direct contracting between coastal States and salvors for environmental services complements existing practices and pollution response mechanisms and provides a sound legal basis for the effective realisation of salvage operations as the first line of defence against pollution following shipping incidents without fundamentally altering the established commercial identity of the traditional law of salvage. This book will be key reading for students, academics, and practitioners working at the intersection of shipping and environmental law.
Maritime Security in East and Southeast Asia
by Nicholas Tarling Xin ChenThis volume investigates the nature of threats facing, or perceived as facing, some of the key players involved in Asian maritime politics. The articles in this collection present case studies on Malaysia, Singapore, the Philippines, Thailand, Japan, China, and Southeast Asia as a whole and focus on domestic definitions of threats and conceptualisations of security. These studies map the differing understandings of danger in this region and explore how contending narratives of "threats" and "security" affect the national maritime security policy deliberations within the countries of this region. Those interested in maritime security and management in Asia will find this collection an invaluable addition to the literature on this topic.
Maritime Security: International Law and Policy Perspectives from Australia and New Zealand
by Donald R. Rothwell Natalie Klein Joanna MossopMaritime security is of vital importance to Australia and New Zealand as both countries depend on maritime transport for their economic survival. Since the events of September 11th 2001, significant questions have been raised as to whether Australia and New Zealand are adequately prepared for the consequences of a major disruption to global shipping following a terrorist attack on a leading regional port such as Hong Kong or Singapore. Considerable efforts have also been undertaken to improve responses to an array of maritime security threats, such as transnational crime, environmental pollution, and piracy and armed robbery. This volume identifies those issues that particularly affect Australia and New Zealand’s maritime security, evaluating the issues from legal and political perspectives, and proposes methods for improving maritime security in the two countries. While the focus is primarily on Australia and New Zealand, the scope extends to regional considerations, addressing matters related to Pacific Island states, Southeast Asia and the Antarctic and sub-Antarctic region. The book also addresses strategic partnerships examining the influence of the United States, and analyses issues within the broad framework of international law and politics. Maritime Security: International Law and Policy Perspectives from Australia and New Zealand will be of great interest to scholars of international law, international relations and maritime affairs, maritime industry professionals, private and government lawyers, as well as diplomats, consuls and government officials.
Maritime Security: Protection of Marinas, Ports, Small Watercraft, Yachts, and Ships
by Ph.D, Daniel BennyIn a time when threats against the maritime community have never been greater, Maritime Security: Protection of Marinas, Ports, Small Watercraft, Yachts, and Ships provides a single, comprehensive source of necessary information for understanding and preventing or reducing threats to the maritime community.The book defines what comprises the mariti
Maritime Terrorism: Risk and Liability
by Peter Chalk David S. Ortiz Henry H. Willis Michael D. Greenberg Ivan KhilkoPolicymakers have become increasingly concerned in recent years about the possibility of future maritime terrorist attacks. Though the historical occurrence of such attacks has been limited, recognition that maritime vessels and facilities may be particularly vulnerable to terrorism has galvanized concerns. In addition, some plausible maritime attacks could have very significant consequences, in the form of mass casualties, severe property damage, and attendant disruption of commerce. Understanding the nature of maritime terrorism risk requires an investigation of threats, vulnerabilities, and consequences associated with potential attacks, as grounded both by relevant historical data and by intelligence on the capabilities and intentions of known terrorist groups. These risks also provide the context for understanding government institutions that will respond to future attacks, and particularly so with regard to the U.S. civil justice system. In principle, civil liability operates to redistribute the harms associated with legally redressable claims, so that related costs are borne by the parties responsible for having caused them. In connection with maritime terrorism, civil liability creates the prospect that independent commercial defendants will be held responsible for damages caused by terrorist attacks. This book explores risks and U.S. civil liability rules as they may apply in the context of these types of attacks.
Mark & Trace Analysis (Solving Crimes With Science: Forensics)
by William HunterCrimes happen every day all around the world. Sometimes, criminals think they have taken every possible precaution to avoid capture, but they are often mistaken. Every crime leaves a trace, and forensic science has evolved to find the tiniest bits of evidence imaginable at a crime scene. Mark & Trace Analysis gives readers some insights about the tricks and techniques used by forensic scientists and crime-scene investigators when evidence is scarce. Criminals always leave a trail. The trick is finding it.
Mark Felt: The Man Who Brought Down The White House
by John O'Connor Mark FeltNOW A MAJOR MOTION PICTURE starring Liam Neeson.The covert Watergate whistleblower tells the story of the dramatic showdown between the FBI and the Nixon White HouseIn the 1970s, Mark Felt was given the code name "Deep Throat" and shared intelligence on the Watergate break-in with a young reporter from the Washington Post named Bob Woodward. Thus began the greatest political scandal in the twentieth century, which would besmirch an entire administration and bring down a presidency.A patriotic man, Felt only revealed his role in our national history as he neared the end of his life. Based on his personal recollections, Mark Felt chronicles his FBI career, from the end of the great American crime wave and World War II to the culture wars of the 1960s and his penetration of the Weather Underground; provides rich historical and personal context for his role in the Watergate scandal; and depicts how he came to feel that the FBI needed a "Lone Ranger" to protect it from White House corruption.
Mark Twain’s Book of Animals
by Barry MoserThis volume gathers writings from the full span of Mark Twain's career and elucidates his special attachment to and regard for animals.
Marked Man: Frank Serpico’s Inside Battle Against Police Corruption
by Ouisie Shapiro John Florio1971. Brooklyn, New York. Undercover cop Frank Serpico is knocking on a drug dealer’s door. His partners are there to back him up, but when the door opens, he’s staring down the barrel of a gun—and his partners are nowhere to be found. For more than a century, the New York Police Department had been plagued by corruption, with cops openly taking bribes from gamblers and drug dealers. Not Serpico. He refused to take dirty money and fought to shed light on the dark underbelly of the NYPD. But instead of being hailed as a hero, he became a target for every crooked cop on the force. In Marked Man, John Florio and Ouisie Shapiro bring this true story of police corruption to life. Join Frank Serpico on his one-man crusade to clean up the largest police force in the United States. And discover the price he had to pay for being an honest cop.
Marked Men: Black Politicians and the Racialization of Scandal
by Nyron N. CrawfordExamines Black Americans’ suspicion about the potential political harassment of Black elected officialsIn Marked Men, Nyron N. Crawford offers a novel perspective on political scandal, corruption, and racial politics in the United States. Contrary to traditional beliefs that politicians are forgiven for their transgressions because of the benefits they provide their constituents, Crawford argues that Black Americans view political misdeeds by Black elected officials through a lens of suspicion towards the criminal legal system.Crawford’s work reveals that Black Americans often question the motivations behind investigations and indictments of Black politicians, expressing concern that such actions by the state are intended to undermine, embarrass, and harass Black leaders. Through a mixed-method approach including experiments, case studies, and survey data, Crawford illustrates that racialized suspicion shapes the way Black voters rally to protect their embattled Black political representatives.The book challenges conventional wisdom by highlighting how a tolerance of corruption is not the driving force behind the support for wayward politicians. Instead, racialized mistrust of the criminal justice system plays a pivotal role. By shedding light on this dynamic, Marked Men examines the complexities of political scandals and the intricate interplay between race and politics in contemporary America. The study calls for a deeper understanding of the motivations and attitudes of Black voters, prompting readers to reconsider prevailing assumptions about political accountability and forgiveness in the context of race.
Market Access of Traditional Chinese Medicinal Product in the EU under WTO Legal Framework (Economic and Financial Law & Policy – Shifting Insights & Values #5)
by Saisai WangThis book presents an in-depth analysis of issues in trade law and EU pharmaceutical law concerning market access for traditional Chinese medicinal products. It discusses these issues from the standpoints of fundamental law, international law and EU law, so to offer a comprehensive perspective. Specifically, it points out the core legislative issues for EU policymakers who deal with market access for traditional medicinal products; describes the relation between law and science; and offers essential information on herbal medicinal product registration in the EU. Further, it compares EU law and Chinese law in this regard, which can offer inspirations for readers from other counties that have similar medicinal products. The book uses straightforward, accessible language to break down the key issues involved.
Market Complicity and Christian Ethics
by Albino BarreraThe marketplace is a remarkable social institution that has greatly extended our reach so shoppers in the West can now buy fresh-cut flowers, vegetables, and tropical fruits grown halfway across the globe even in the depths of winter. However, these expanded choices have also come with considerable moral responsibilities as our economic decisions can have far-reaching effects by either ennobling or debasing human lives. Albino Barrera examines our own moral responsibilities for the distant harms of our market transactions from a Christian viewpoint, identifying how the market's division of labour makes us unwitting collaborators in others' wrongdoing and in collective ills. His important account covers a range of different subjects, including law, economics, philosophy, and theology, in order to identify the injurious ripple effects of our market activities.
Market Design Powers of the European Commission?: Remedies under Articles 7 and 9 Regulation 1/03 (Munich Studies on Innovation and Competition #13)
by Korbinian ReiterThis book provides a comprehensive analysis of the remedies practice the European Commission has adopted on the basis of articles 7 and 9 of regulation 1/03. Using article 7 as a normative benchmark, it shows that most of the criticism levelled at the Commission's article 9 decisions and the Alrosa judgment of the CJEU is not justified, since critics tend to over-state both the rigour of article 7 and the laxness of article 9. Remaining inconsistencies between the commitment practice and the standards for infringement decisions can, it is submitted, be justified by the consensual nature of commitment decisions and their underlying goal of procedural economy. Moreover, it is suggested that too little importance is generally assigned to the beneficial effect which commitments bring about by providing for precise and enforceable obligations without sacrificing the concerned undertakings’ freedom to choose how to put the infringement to an end. Adopting a case-oriented approach, this study provides valuable insights for academics and practitioners alike.
Market Entry and Competition Law in Latin America: The Role of Economic Development in Antitrust Analysis (Munich Studies on Innovation and Competition #14)
by Francisco Eduardo Beneke AvilaThis book explores the relationship between market entry analysis in competition law and the study of the determinants of aggregate investment. Macroeconomic and social characteristics, such as widespread corruption, political instability, and low levels of education are associated with lower investment rates. Progress on these indicators on the other hand is also strongly associated with sustained growth and higher investment rates. This book analyzes the interaction between these macro variables and the market-specific analysis typical in antitrust cases. Against this background, representative decisions of four Latin American competition authorities – México, El Salvador, Colombia, and Chile – on unilateral conduct are analyzed, focusing on market power assessment. The analysis shows that there is little to no explicit or implicit consideration of the impact of the macroeconomic environment on market dynamism and therefore on market power. This book also explores the influence that EU and US competition law have in the standards to prove ease of market entry developed by the Latin American authorities. Although most of the Latin American authorities share a lack of reliance on market forces, which is characteristic of EU competition law, this book argues that market entry analysis still needs to be adjusted to fit the socio-economic context that affects investment within the country and the degree to which each particular market is affected. Finally, the book proposes a framework on how the macro characteristics covered can be incorporated into competition law enforcement.
Market Integration Through Data Protection
by Mario Viola de Azevedo CunhaIn the context of the continuous advance of information technologies and biomedicine, and of the creation of economic blocs, this work analyzes the role that data protection plays in the integration of markets. It puts special emphasis on financial and insurance services. Further, it identifies the differences in the data protection systems of EU member states and examines the development of common standards and principles of data protection that could help build a data protection model for Mercosur. Divided into four parts, the book starts out with a discussion of the evolution of the right to privacy, focusing on the last few decades, and taking into account the development of new technologies. The second part discusses the interaction between data protection and specific industries that serve as case studies: insurance, banking and credit reporting. The focus of this part is on generalization and discrimination, adverse selection and the processing of sensitive and genetic data. The third part of the book presents an analysis of the legislation of three EU Member States (France, Italy and UK). Specific elements of analysis that are compared are the concepts of personal and anonymous data, data protection principles, the role of the data protection authorities, the role of the data protection officer, data subjects' rights, the processing of sensitive data, the processing of genetic data and the experience of the case studies in processing data. The book concludes with the proposal of a model for data protection that could be adopted by Mercosur, taking into account the different levels of data protection that exist in its member states.
Market Integration: The EU Experience and Implications for Regulatory Reform in China
by Niels Philipsen Stefan E. Weishaar Guangdong XuThis book examines the relationship between regulation and market integration, with a special focus on China. It pursues a Law and Economics and Comparative Law approach (China and EU) to analyze the current obstacles to market integration and domestic economic growth in China. Topics covered at the national level include competition law, public procurement rules and financial regulation. At the regional and local level, this book addresses questions related to administrative monopolies, self-regulation, legal services markets, and environmental law.
Market or State: The Regulation and Practice of Bankers' Remuneration in the UK and China
by Longjie LuThis book investigates the pre-crisis practice of bankers' remuneration in the UK to provide evidence of the problems in practice. It critically analyses the regulatory initiatives implemented after the crisis and investigates the post-crisis practice to reflect the effects and problems of the regulation. The book also discusses the traditional administration of remuneration and political incentives in Chinese banks and the regulatory initiatives for reforming bankers' remuneration. It investigates the recent practices in major Chinese banks to reveal the problems of the regulatory initiatives and the impact of political incentives. It will help academics, researchers, students and practitioners develop a comprehensive understanding of the ongoing reform of bankers' remuneration in the UK and the uniqueness of banks' remuneration systems and incentive mechanisms in China. Furthermore, it provides theoretical insights into the differences between the two jurisdictions in their regulations and practices and the deep-seated reasons for the differences.
Market, Ethics and Religion: The Market and its Limitations (Ethical Economy #62)
by Niels KærgårdThis book deals with the basic question of what money can and cannot buy and offers an analysis of the limitations of the market mechanism. Few concepts are as controversial as religion and the market mechanism. Some consider religion to be in conflict with a modern rational scientific view of life, and thus as a contributory cause of harsh conflicts and a barrier to human happiness. Others consider religious beliefs as the foundation for ethics and decent behaviour. Similar, a number of neoliberal writers acclaimed the market mechanism as one of the greatest triumphs of the human mind, and saw it as the main reason why rich countries became rich. Others are extremely skeptical and stress how this mechanism has result in big multinational firms with powerfully rich owners and masses of poor low-paid workers. Researchers from various fields - economists, social scientists, theologians and philosophers - handle these questions very differently, applying different methods and different ideals. This book offers a synthesis of the different viewpoints. It deals with economists’, theologians’ and philosophers’ differing thoughts about the market and its limitations.
Market-Oriented Disinformation Research: Digital Advertising, Disinformation and Fake News on Social Media (Routledge Studies in Marketing)
by Carlos Diaz RuizMarket-Oriented Disinformation Research explores the spread of false or misleading information online through the lens of marketing theory and consumer research. It examines how the business models of digital platforms and advertising technology firms (AdTech) generate digital markets that incentivize the circulation of harmful content for profit. Rather than viewing disinformation and misinformation as accidental byproducts, the book proposes that they thrive in the current markets designed for digital advertising and influencer marketing.Readers will learn how the amplification of disinformation can be linked to social media’s business model. Examples include how social media algorithms promote addictive content, how fake news sites use ad fraud to lure in advertising revenue, and how some content creators rely on clickbait, ragebait, bots, and conspiracy theories to boost their engagement metrics.The book is a must-read for scholars in journalism, media studies, and political communication, as well as policymakers interested in the democratic governance of social media platforms. In addition, it calls for digital marketing, advertising, and brand management professionals to take responsibility for their ad spending by advocating for greater oversight over AdTech intermediaries to prevent unethical actors from monetizing the harmful content that polarizes society and undermines democratic institutions.
Marketing Ethics and Consumer Society: Practising Inclusive, Responsible and Sustainable Marketing
by Athanasia Daskalopoulou Natalia YannopoulouThis unique new text explores marketing ethics, the impact of marketing on consumers’ lives, and the wider social, cultural, and political context of marketing activities.Taking a critical approach to marketing practice, the book discusses the growing sense of responsibility within the marketing discipline and addresses issues at the interface between marketing and society. Importantly for Marketing students, it works to develop an understanding of the impacts that marketing can have on consumers’ lives and the potential that future marketers have to shape contemporary society. Chapters cover marketing and advertising ethics, critical consumption, gender and race, brand activism, sustainability and corporate social responsibility, and understanding and protecting the consumer. Case studies drawn from international contexts featuring real-life and recognisable organisations are included in every chapter to bring the theory to life, enabling students to explore the ethical dilemmas and criticisms faced by organisations and consumers in contemporary society. Chapter outlines, learning outcomes, summaries, and self-assessment questions cement learning, whilst discussion questions aim to provoke interesting conversation.A much-needed and relevant textbook that brings together all the key contemporary topics in marketing ethics, this should be core reading for advanced undergraduate and postgraduate students studying modules on marketing ethics, ethical marketing and sustainability, and marketing and society.Online support materials include lecture slides and a test bank.