INDEX. xxi INDEX : (2017) 23 JIML

Transcription

1 INDEX : (2017) 23 JIML xxi INDEX Anti-competitive agreements extra-territorial application of EU law, Arbitration book review, choice of jurisdiction, 386 power to order sale of cargo, 241 US charterparty disputes, Arrest of ships book review, 310 exclusive jurisdiction clause, 327 impact of international insolvency law, Athens Convention application, 95 disembarkation, 95 EU Passenger Liability Regulation, 86 implementation, 153 time bar, 11 Autonomous ships see Unmanned ships Baratry whether cause of fire, 387 Bills of lading application of Hague-Visby Rules, 83, 387 bills as acknowledgements of receipt of goods, book review, 61 3 clean bills issued against letters of indemnity, delivery of goods, 231 2, electronic release system, 165 enumeration of units, good faith, 83 incorporation of terms, interpretation of paramount clause, 16 limitation of liability, 83, 84 obligation to deliver without presentation, 9 Vopak bills, Brexit consequences for container liner shipping, Carriage of goods by sea burden of proof in respect of cargo claims, defence against carrier seeking indemnity, duty of carrier, inevitability of damage, misdelivery, non-delivery, rights and obligations of actual shipper, scope and application of Hague Rules, 171 6, units for limitation purposes, 392 Cartels container liner shipping industry, 50 6 Charter hire late payment burden of proof, 444 contractual remedies, remedies at law, Charterers duty to longshore workers and passengers, 475 right of limitation, Charterparties bareboat contractual lien not registered, 324 total loss provisions, Charterparties time allocation of liability, 7 charterer in breach of safe port warranty, co-insurance, 84, early redelivery, 167 hull fouling, measure of damages, mitigation, proper construction, 7 repudiation, 167 safe port warranty, 84, 191, 192 3, 194 vessel s performance, 385, Charterparties voyage commencement of approach voyage, 325 demurrage, 167 8, 385, notice of readiness, 8 port limits, 8 stop and wait clause, Chinese maritime law book review, identity of actual shipper, Collisions at sea apportionment of liability, book review, 63 7 Competition extra-territorial application of EU law, relevant market concept, Container liner shipping alliances, consequences of Brexit, demurrage, 88 exchange of sensitive information, 50 4 hub-and-spoke cartels, 50 6 ports, Continental shelf establishing limits, book review, Contracts BIMCO contracts and clauses, incorporation of terms, late payment of charter hire, 386, repudiation by shipper, 88, 388 standard terms of business, subject to review clause, 388 unfair terms, Cross-border insolvency arrest of ships, effect of trans-border law, EU Insolvency Regulation, international working group, rights in rem, UNCITRAL model law, 271 3, Delivery of cargo electronic release system, 165 Demurrage claims composite claims, estoppel, presentation, supporting documents, time bars, 385, Dispute resolution exclusion of role for CJEU post-brexit, 259 US charterparty disputes, Fishing illegal, unreported and unregulated, regulation, Freezing orders dissipation of assets, 86 General average duty of due diligence, 389

2 xxii (2017) 23 JIML : INDEX not separate from liability, 19 payment of contribution due in respect of cargo, rate of interest, 308 ransom as allowable expense, 326 York-Antwerp Rules, Hague rules burden of proof in respect of cargo claims, duty of carrier, inevitability of damage, inherent vice, 175 temporal scope, 172 Hague-Visby rules application to seaway bills, 83 4 interpretation in Dutch law, 15 liability system, 17 limitation of liability, 83 4 scope of application, Hazardous substances compensation, conflict of laws, contributing cargo, , implementation of 2010 HNS Convention, , 150, 153 shipowner s liability, 136 7, 140 2, 146 Hull insurance charterer in breach of safe port warranty, jurisdiction, settlement agreement, Insurance carrier s liability, co-insurance doctrines, , direct action against insurers in EU jurisdictions, hull insurance, Illegal, unreported and unregulated fishing, issuance of certificates under conventions, law of insurance broking, P&I clubs, see also Joint insurance International carriage of goods anticipatory breach, book review, 74 5 renunciation, International sale of goods book review, Joint insurance subrogation, Law of the sea regulation of unmanned shipping, Letters of indemnity clean bills of lading issued against, delivery without bill of lading, 9 Marine pollution bunker oil spills, 31 2 hazardous substances, 33 4 reduction of risk, tanker oil spills, wrecks, 34 Maritime conventions database of judicial decisions, 308 implementation and promotion, 308 National flags fraudulent use, 150 New Zealand maritime law book review, Non-delivery of goods breach of covenant, sources of law, tort of conversion, tort of detinet, Offshore construction breach of warranty, P&I clubs direct action against insurers in EU jurisdictions, Passengers see also Safety disembarkation from fishing boat, 11 Personal injury punitive damages, 390 Piracy activity off Somalia, 305 annual summary of incidents, 152 employment of private armed guards, Polar shipping Arctic and ongoing regulation, heavy oils, 322 report of international working group, 306 safety, 322 ship-generated noise, 322 Polish maritime law proposals of Codification Commission, Pollution offshore activities, 307 Ports identification of limits, 9 Private international law enforcement of foreign judgments, 91 exclusive jurisdiction, 91 Safety new EU rules for passenger shipping, regulation of unmanned shipping, ro-ro passenger ferries, 376 Sale of ships recognition of foreign judicial sale, 305 Salvage environmental salvage, historic wrecks, misconduct of salvor, no cure no pay principle, salvor minimising pollution liability, special compensation, Seafarers abandonment, 151 contracts interrupted by piracy, 152 definition, 41 3 fair treatment, 151, 305 labour standards under MLC, 40 5 private armed guards, Seaworthiness error of navigation, 15 failure to exercise due diligence, 389 punitive damages for unseaworthiness, 390 unmanned ships, Ship detention unlawful detention, Ship mortgages Norwegian law, unregistered mortgages, 13 unregistered vessels, 13 Shipbuilding contracts builder s liability, 11 diminution of value, 11 post-delivery defect, 11 Shippers identity of actual shipper, legal position in Chinese maritime law, Ships appurtenances third party property rights, nomenclature, 307 shipbuilding, sale and finance, See also Unmanned ships State aid Belgian maritime transport package approve, Tanker oil spills development of international regime, Transport sustainable carriage of goods, 315

3 INDEX : (2017) 23 JIML xxiii Unmanned ships implications of international law, international regulatory framework, , legal barriers, manning levels, pilotage, report of working group, role of master, seaworthiness, War cancellation clauses application, burden of proof, 455 construction, drafting, frustration of contract, notice of cancellation, , right to cancel, war risks clauses, Warranties breach of warranty in construction contract, in marine insurance, performance warranties,

4

5

6