The Law of Wreck: 1st Edition (Hardback) book cover

The Law of Wreck

1st Edition

By Nicholas Gaskell, Craig Forrest

Informa Law from Routledge

832 pages

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Hardback: 9781138208278
pub: 2019-11-29
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Description

This book covers wreck law as an integrated whole, going beyond the question of "removal" to include issues such as the ownership of wreck and how the law deals with the many commercial law problems arising after ships have been wrecked during the maritime commercial adventure.

The book offers authoritative guidance on the genesis and meaning of the Nairobi Wreck Removal Convention 2007, and the interpretation of its often-complex provisions as they apply both to States trying to use its powers and to shipowners and liability insurers faced by its obligations. The authors explain the increasingly complex inter-relationship between linked areas of maritime law, including salvage, intervention and the overlapping international regimes which deal with pollution from oil, bunkers or hazardous and noxious substances. The book examines how a salvage operation transitions to wreck removal and links the liability provisions with the standard form international commercial contracts actually used by the industry to remove wrecks, eg BIMCO’s Wreckstage 2010, Wreckhire 2010 and Wreckfixed 2010. It also covers the complex requirements concerning the disposal of wrecks, including the latest recycling regulations applicable in 2019.

The Law of Wreck will be of value to shipping industry professionals, insurers and legal practitioners, as well as academics and students of maritime law.

Table of Contents

Part I Wreck in National and International Law; 1 Introduction to Wreck Casualties 2. Wreck and the Maritime Adventure3. Rights in Relation to Wreck4. State Rights and Wreck 5. Law of the Sea and Wreck6. Underwater Cultural Heritage Convention 2001 Part II Wreck Removal Convention 2007; 7. Wreck Removal Convention 2007: Creation8. Wreck Removal Convention 2007: Scope 9. Wreck Removal Convention 2007: States’ Rights and Duties 10. Wreck Removal Convention 2007: Shipowners’ and Insurers’ Liabilities 11. National Wreck Removal Law and the MSA 1995 Part 9A Part III Wreck Removal Contracts; 12. Transition To Wreck Removal: Salvage and SCOPIC 13. Wreck Removal Operations and Contracts Part IV Wreck Disposal 14. Wreck Disposal

About the Authors

Nicholas Gaskell is Professor of Maritime and Commercial Law at the TC Beirne School of Law, University of Queensland, Australia. He previously served as "David Jackson Professor of Maritime and Commercial Law" and Director of the University of Southampton’s Institute of Maritime Law. He is a UK qualified barrister and an Associate Tenant at Quadrant Chambers, London.

Craig Forrest is Director of the Marine and Shipping Law Unit at the TC Beirne School of Law, University of Queensland, Australia and General Editor of the Australian and New Zealand Maritime Law Journal. Prior to his career in the law, he served as an officer in the South African Navy.

About the Series

Maritime and Transport Law Library

For academics and practitioners alike, our Maritime and Transport law library offers cutting edge research titles on the whole spectrum of transport law, including shipping, aviation, rail and road. Our authors come from the premier maritime institutions, law firms and chambers across the world and are among the leaders in their fields.

With key texts including the annual conference papers from the prestigious Institute of International Shipping and Trade Law, as well as authoritative and comprehensive texts such as David Glass’ Freight Forwarding and Multi-Modal Transport Contracts Aleka Mandaraka-Sheppard’s Modern Maritime Law.

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Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General