Serving the Rule of International Maritime Law: Essays in Honour of Professor David Joseph Attard

ISBN-13: 9780415563987 / Angielski / Twarda / 2010 / 408 str.

Norman A. Martinez Gutierrez

Opis

International maritime law is far from inert, everyday international affairs constantly test existing law and, in many occasions, require its development. The collection of essays in this volume is thus not limited to a description of the current state of the law, but contains innovative studies on current issues and events that are testing the present state of international maritime law.

The book is intended as a Festschrift to Professor David Attard. It celebrates his career in international law; he played a crucial role in establishing the IMO International Maritime Law Institute in 1988, the main purpose of which would be to train lawyers from developing countries in private and public international maritime law. Over the last twenty years he has continued to teach at the International Maritime Law Institute as well as playing an important role in contributing to the work of international fora concerned with the development of international law such as the United Nations Conference on the Law of the Sea and the Legal Committee of the United Nations General Assembly.

This work represents a close collaboration amongst many practitioners and academics involved in the field of international maritime law including Judge Helmut Tuerk, Francis Reynolds, William Tetley Q.C. and Patrick J.S. Griggs. The contributions to this book are evidence of their gratitude, high esteem and admiration for their teacher, colleague and friend Professor David Attard.

Part I contains general articles in international maritime law. It include contributions on IMO’s role in the service of shipping, the new European maritime policy, the protection of international watercourses, and the imposition of criminal sanctions in relation to ship-source pollution incidents.

Part II is dedicated to the Law of the Sea. It includes essays on maritime boundary delimitation, marine scientific research, bioprospecting and patentability of genetic resources, exploration and exploitation of renewable offshore resources, the common heritage of mankind, the extension of coastal State jurisdiction in the Mediterranean, straits used for international navigation, and the fight against piracy and armed robbery at sea.

Finally, Part III is devoted to issues on shipping law. It contains contributions relating to the carriage of goods by sea, multimodal transport, division of responsibility under charterparty agreements, maritime labour law, maritime security and the fair treatment of seafarers, liability and compensation regimes, environmental salvage, arrest of ships, and marine insurance.

Spis treści

Part 1: General  1. IMO: 60 Years in the Service of Shipping, H.E. Mr Efthimios E. Mitropoulos  2. New European Maritime Policy for Cleaner Oceans and Seas, Marko Pavliha  3. Protection of International Watercourses, Malgosia Fitzmaurice  4. Criminal Sanctions in relation to Ship-Source Pollution, Bernard Vanheule  Part 2: The Law of the Sea  5. Malta, Maine and Beyond: Trends in the Theory and Practice of Maritime Boundary Delimitation, Charles Norchi  6. A Legal and Practical Arrangement of Disputes Concerning Maritime Boundaries Pending Their Final Solution and Law Enforcement - From a Japanese Perspective, Atsuko Kanehara  7. Bioprospecting, Marine Scientific Research and the Patentability of Genetic Resources, Andree Kirchner  8. Marine Scientific Research and the Right to Lay Submarine Cables and Pipelines: Differences in Regime, Umberto Leanza  9. A New Advent for Renewable Offshore Resources, Ivan Vella 10. The Idea of the Common Heritage of Mankind, Helmut Tuerk  11. Correlative Concepts of the Common Heritage and the Present Euro-Mediterranean Context, Peter Serracino-Inglott  12. Extension of Coastal State Jurisdiction in the Mediterranean: ‘Quasi EEZs’ or Real ‘Sui Generis’ Zones?, Mitja Grbec  13. Lo Stretto di Hormuz e le Minacce al Regime Internazionale di Transito, Admiral Fabio Caffio  14. The Fight against Piracy and Armed Robbery against Ships off the Coast of Somalia: International Cooperation Illustrated, Patricia Mallia  Part 3: Shipping Law  15. Hague, Visby, Hamburg and Rotterdam: A Maritime Tour of Northern Europe, Francis Reynolds  16. A Summary of Some General Criticisms of the UNCITRAL Convention (The Rotterdam Rules), William Tetley  17. UNCTAD and its Role in Regulation of Liability for Carriage of Goods by Sea and Multimodal Transport, Mahin Faghfouri  18. Operation of a Ship’s Hatch Covers: Allocation of Responsibility under a Charterparty Agreement, Norman A. Martinez Gutierrez  19. The Maritime Labour Convention 2006: A Major Step Forward in Maritime Law, Reto Dürler  20. Maritime Security Vis-à-Vis Fair Treatment of Seafarers – A Conundrum in the Development of International Maritime Law, Frank Wiswall Jr  21. Influence of the Torrey Canyon Incident on the Liability and Compensation Regimes Developed under the Auspices of the International Maritime Organization, Gaetano Librando  22. Dispute Resolution in Oil Pollution Cases – Are There Alternatives to Litigation in National Courts?, Måns Jacobsson  23. International Maritime Law - Developing a Comprehensive Third Party Liability Convention, Patrick J.S. Griggs  24. Places of Refuge – Environmental Salvage, Archie Bishop  25. Implementation of the Arrest Convention, Ignacio Arroyo  26. Good Faith and the Duty of Disclosure in Marine Insurance Law, Ping-Fat Sze

O autorze

Norman A. Martínez Gutiérrez is a lecturer at the IMO International Maritime Law Institute, Malta.