Serving the Rule of International Maritime Law
Essays in Honour of Professor David Joseph Attard
International maritime law is far from inert, everyday international affairs constantly test existing law and, in many occasions, require its development. Serving the Rule of International Maritime Law 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 Liber Amicorum to Professor David Joseph 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 is to train lawyers in private and public international maritime law. Over the last twenty years he has continued to teach at the Institute and has played an important role in contributing to the work of international fora concerned with the development of international law.
This work represents a close collaboration amongst practitioners and academics involved in the field of international maritime law including IMO Secretary-General Efthimios E. Mitropoulos, Judge Helmut Tuerk, Professor Francis Reynolds Q.C. and Patrick J.S. Griggs CBE.
Part I contains general articles in international maritime law, Part II is dedicated to the law of the sea, and Part III is devoted to issues on shipping law.
Serving the Rule of International Maritime Law is of great interest to professionals in the shipping industry as well as practitioners, academics and students.
Table of Contents
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
Norman A. Martínez Gutiérrez is a lecturer at the IMO International Maritime Law Institute, Malta.