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1 – 10 of over 12000Evaluates the effects of shipwrecks and peoples’ reactions following them, with regard to their feelings of preventability on someone’s part. In particular to the Erika in 1989…
Abstract
Evaluates the effects of shipwrecks and peoples’ reactions following them, with regard to their feelings of preventability on someone’s part. In particular to the Erika in 1989, and the Prestige in 2002. The European Union (EU), which theretofore seemed to be neglecting maritime safety appears to have developed a maritime culture. The EU seems to have adopted the International Maritime Organisation’s (IMO) attitude regarding safety protocols, which must be a right and proper thing to do. Concludes that shipping has needed, and is now receiving, a proactive approach with regard to safety from the EU which should limit, as far as possible, disasters of both a human and ecological kind for the maritime world.
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In the first decades of the nineteenth century to the first decade of the twentieth century, the US Federal and Supreme Courts heard several cases on the legal status of ships…
Abstract
In the first decades of the nineteenth century to the first decade of the twentieth century, the US Federal and Supreme Courts heard several cases on the legal status of ships. During this period, Chief Justice John Marshall and Justice Joseph Story determined that a ship was a legal person that was capable to contract and could be punished for wrongdoing. Over the nineteenth century, Marshall and Story also heard appeals on the illegal slave trade and on the status of fugitive slaves crossing state lines, cases that raised questions as to whether enslaved peoples were persons or property. Although Marshall and Story did not discuss the ship and the slave together, in this chapter, the author asks what might be gained in doing so. Specifically, what might a reading of the ship and the slave as juridical figures reveal about the history of legal personhood? The genealogy of positive and negative legal personhood that the author begins to trace here draws inspiration and guidance from scholars writing critically of slavery. In different ways, this literature emphasises the significance of maritime worlds to conceptions of racial terror, freedom, and fugitivity. Building on these insights, the author reads the ship and the slave as central characters in the history of legal personhood, a reading that highlights the interconnections between maritime law and the laws of slavery and foregrounds the changing intensities of Anglo imperial power and racial and colonial violence in shaping the legal person.
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The purpose of this paper is to give an outline of existing laws that regulate each area of the Commons. With specific reference to the growing international concern for the…
Abstract
Purpose
The purpose of this paper is to give an outline of existing laws that regulate each area of the Commons. With specific reference to the growing international concern for the protection of the global commons, this paper aims to re-examine to what extent present legal regime for global commons is successful. Finally, it proceeds with some way outs and suggestions that may, if adopted, play significant role to protect common areas from environmental damage.
Design/methodology/approach
This paper is purely analytical. Analytical approach has been applied to proceed with the write-up which is basically based on the review of primary and secondary literature studies including books, scholarly articles and laws. Internet-browsing is being used for collection of most recent literature on the subject. Relevant case studies in this regard are evaluated.
Findings
Transboundary damage is a practical and contextual matter requiring concrete rules and principles, both procedural and substantive. Here, priority is to establish minimum standards of conduct for such activities that affect the environment of global commons, at the national and international level. An expertly designed treaty with balanced contents, which are strong enough to hold the state parties liable for their activities and, at the same time, motivating enough to be bound by obligation by ratification, is to be adopted.
Originality/value
This paper is original in calling for the full participation of all states, rich and poor, to address damage to global commons effectively and efficiently.
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Umesh Chandra Pandey, Subash Ranjan Nayak, Krishna Roka and Trilok Kumar Jain
In its efforts to secure the unipolar New World Order and its continued dominance of the system, the United States considered it paramount to establish control over major oil…
Abstract
In its efforts to secure the unipolar New World Order and its continued dominance of the system, the United States considered it paramount to establish control over major oil resources (the Persian Gulf and the Caspian Sea). In the Persian Gulf, the United States established successfully a substantial military presence. In the Caspian Sea, American oil and gas companies signed so many energy exploration, exploitation and exportation agreements that they gave Washington a seemingly legitimate claim of real interest in that region. By planning to move its Encerlik military base (in Turkey) to Abshuran (in the Azerbaijan Republic), and by adding the Russian Federation to NATO’s central committee, the United States enabled eastward expansion of NATO to the Caspian Sea.
Examines measures taken within the European Union framework in order to keep high standards of safety in maritime and air transport. Looks first at maritime transport and ways in…
Abstract
Examines measures taken within the European Union framework in order to keep high standards of safety in maritime and air transport. Looks first at maritime transport and ways in which vessels are monitored, minimum safety requirements, the carriage of dangerous goods, pollution, port control, inspectors and their rights, ferry safety and oil tankers. Considers also navigational equipment, transfer of ownership, safe sea policy and the training of seafarers. Addresses similar aviation control including a single aviation market, air traffic control, technical requirements, congestion, accident procedures and liabilities. Suggests that despite the many rules, there is a lack of compliance, detection and enoforcement.
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The Black Sea region has become as an important energy transit route for Caspian and Russian oil and natural gas to western markets. Since 1996 the quantity of oil exported from…
Abstract
The Black Sea region has become as an important energy transit route for Caspian and Russian oil and natural gas to western markets. Since 1996 the quantity of oil exported from the Black Sea through the Turkish Straits and the number of transiting tankers has doubled and will continue to expand. However, these are also two waterways where the risk of either an accidental or intentional disaster is significant bringing serious repercussions for energy supply security. This paper will analyze measures taken by Black Sea coastal States to provide for secure ports and shipping against accidental and intentional disasters. The paper will examine the role of technology, such as satellite based VTS providers in the Black Sea, implementation of the ISPS Code, the role of the relatively new BlackSeaFor in providing both port and navigational security. The paper will further make recommendations for further improvements for enhancement of security emergency response planning. In addition, the paper will examine current security measures taken by the Turkish Administration for oil transportation through the Turkish Straits.
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This outlines an expanded scope of operations for the Maritime Safety Administration (MSA)'s patrol boats across China’s claimed jurisdictional waters, and authorises the MSA to…
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DOI: 10.1108/OXAN-DB261804
ISSN: 2633-304X
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President Petro Poroshenko responded by imposing martial law in border provinces and urged NATO to protect Ukraine by sailing warships into the Sea of Azov. Moscow insists it…