1,720,966 research outputs found
Illegality of maritime contracts breaching SOLAS/ISPS Code maritime security legislation
No full textThis article discusses basic principles of contract law in relation to the ever-expanding area of maritime security law. Specifically, it tries to answer the question whether breach of maritime security legislation contained in the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS), or the International Ship and Port Facility Security Code (ISPS Code) could lead, in addition to criminal or administrative sanctions, to contracts for the operation of the vessel, such as contracts of carriage and towage, being denied enforceability in a court of law
IMO and the challenge of sustainability
No full textThis year’s self-declared priority for the International Maritime Organization (IMO) is “Sustainable development: IMO’s contribution beyond Rio+20”
Déchets solides: un cadre juridique très lacunaire
No full textThis article describes and comments on the legal and administrative framework of solid waste management in Lebanon. A discussion of potential responsibility of the State in international law is included
Frustration of contracts of affreightment in the event of capture of merchant ships by pirates in waters off Somalia
No full textThis thesis examines the application of the doctrine of frustration under the English private law of contracts to situations of capture of merchant ships for ransom by pirates operating according to the model which has developed in recent years off the coast of Somalia. The examination is centred on the question whether and how contracts of affreightment (or carriage of goods by sea) (including time and voyage charters as well as bills of lading) which may have been concluded by a captured ship would be terminated in the event of capture pursuant to the doctrine. The thesis analyses the wording of standard carriage contract forms and clauses, as well as the provisions of relevant international conventions and statutes, which could deal with the standing of contracts following a capture. The outcome of the research is that standard contract and clauses often leave the question of the fate of the contract in the event of capture untouched with the result that the doctrine of frustration may apply by default. The contract will only be terminated, however, if an elaborately long detention of the vessel is anticipated, or the prospects of recovery, either against payment of a ransom or through forceful repossession, are very weak. The thesis equally considers the application of the concept of self-induced frustration by taking several examples of actions or default by one of the parties to the contract of carriage which may have led to or exacerbated the capture scenario. The main findings are that it will usually be difficult to establish self-induced frustration in the event of capture. An analysis is also made of the application of the concepts of actual and constructive total loss under English marine insurance law to a ship that has been captured by pirates according to the same model of operation. The consequences of termination of the contract are not discussed in this thesis.<br/
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
La responsabilité de l'entrepreneur de manutention maritime au Canada
Get PDFMémoire numérisé par la Direction des bibliothèques de l'Université de Montréal
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