1,721,017 research outputs found

    The effect of European regulations on the jurisdiction and applicable law for Limitation of Liability proceedings

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    This paper discusses jurisdiction and applicable law in limitation proceedings. It is argued that limitation proceedings can be categorised into, at least, three separate groups: proceedings determining the right to limit liability itself; proceedings concerning the establishment of the limitation fund; and proceedings for the release of secured assets after a limitation fund has been established. The analysis of the three limitation conventions supports such distinction and suggests that the 1996 LLMC Convention does not contain jurisdictional rules in respect of the first category but contains jurisdictional rules in respect of the establishment of the limitation fund. These rules are not uniform between Contracting States and are discretionary in character. Accordingly, we conclude that the jurisdictional arrangements contained in the international conventions are too weak and unclear to override, by virtue of Article 71, the other jurisdictional provisions of Brussels I. The law applicable to limitation of liability with respect to non-contractual obligations under the operation of the Rome II Regulation is also discussed. The English law position that the law applicable was that of the forum appears to have been changed by Rome II. We conclude that the operation of the international limitation regimes is likely to be disrupte

    The 18.6 yr nodal modulation in the tides of Southern European Coasts

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    The nodal modulation of the diurnal (K1 and O1) and semi-diurnal (M2, and K2) tidal constituents at the coasts of the Mediterranean Sea and the eastern Atlantic is estimated and its spatial variability mapped. Fourteen hourly tide gauge records each spanning more than 18 years are considered in this analysis. Ten tide gauges are located in the Mediterranean Sea and four in the Bay of Biscay. The nodal modulation of the most energetic tidal constituent (M2) reaches up to 5 cm at the eastern Atlantic coasts, while within the Mediterranean Sea its modulation is in general less than 1.2 cm. The largest K2 nodal modulation found is 3.7 cm in the eastern Atlantic coasts. In the Mediterranean Sea, smaller modulation amplitudes, ranging between 0.4 and 1.4 cm are found. The K1 tide constituent has the largest amplitude nodal modulation within the Mediterranean Sea of 1.9 cm in the north Adriatic Sea, which is also larger than the modulation of this constituent at the eastern Atlantic coasts. The O1 tide constituent has the highest amplitude nodal modulation (1.4 cm) at the eastern Atlantic coasts. In the Mediterranean Sea the maximum value is 1 cm in the north Adriatic Sea.The derived nodal modulations of the diurnal and semi-diurnal constituents follow, in general, the equilibrium tidal theory. The tidal amplitudes for all four components do not indicate significant secular trends for most tide gauges. The tidal phases indicate significant negative trends for all four tidal constituents within the central and eastern Mediterranean Sea.<br/

    Coherent coastal sea level variability at inter-decadal and inter-annual scales from tide gauges

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    Coastal sea level measured from tide gauges exhibits coherent variability at interannual and decadal scales. We investigate sea-level variability of large geographic areas using annual mean sea-level values obtained from the longest available records of coastal observations. Eight sea-level regional indices are constructed for the Atlantic and the Pacific Ocean basins. High coherency of sea-level variability at the decadal timescales between different oceanic regions is observed. The role of large-scale atmospheric forcing is then examined by comparison with the El Niño–Southern Oscillation (ENSO) and the North Atlantic Oscillation (NAO). Strong correlation between the NAO and the second empirical orthogonal function (EOF) of the northwest Atlantic data set was observed. The second EOF is also significantly correlated with the latitudinal position of Gulf Stream and the Arctic Oscillation (AO). Sea-level changes in the northeast Atlantic are driven by the NAO. Correlation with the AO was also observed. In the Pacific Ocean, ENSO dominates sea-level variability along the eastern and southwest sides of the basin. ENSO signatures appear also in the southwest Atlantic, indicating teleconnection patterns. It is proposed that ENSO-related variability in this region is forced through the Pacific–South American teleconnection mechanism. The correlation between southwest Atlantic sea level and ENSO increased after 1980. Sea-level variability on decadal scales in the northwest Pacific region is influenced by the Pacific Decadal Oscillation.<br/
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