MARITIME LAW SIXTH EDITION2025|PDF|Epub|mobi|kindle电子书版本百度云盘下载

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1 OWNERSHIP AND REGISTRATION1

Ownership1

Co-ownership2

Ownership and registration2

Who can own a British ship？3

Historical development4

The Merchant Shipping （Registration etc） Act 19937

Merchant Shipping Act 19959

Entitlement9

Port of registry10

Central register of British ships10

Marking requirements12

Refusal to register12

The certificate of registry13

Transmission of ownership15

Transfer of ownership16

Removal from the register16

Registration in overseas territories17

Bareboat charter18

Small ships register19

Open registries20

The International Transport Workers Federation21

Registration23

2 SHIP MORTGAGES25

Mortgage of ship at common law26

Modern form of statutory mortgage26

How may an equitable mortgage be effected？28

Registration of statutory mortgages28

Legal mortgage of a registered ship （or share）29

The vital significance of registration29

Priorities30

What is a collateral deed？31

Transfer of a registered mortgage31

What is transferred under the mortgage？32

Fishing nets on trawlers32

What happens when a mortgage is discharged？32

What are the rights of the mortgagor？33

Insurance33

Power of a mortgagor to sell the ship34

To what extent has the mortgagor the right to redeem？35

What are the rights of the mortgagee？36

Default in mortgage repayments36

Endangering the security36

The mortgagee in possession39

Actual possession39

Constructive possession39

The right of a mortgagee to foreclose on the mortgage39

Power of sale of a mortgagee40

The position of mortgagee when vessel removed from British registry43

Improper exercise of a mortgagee’s powers43

What is a certificate of mortgage？44

Contents of certificate44

Convention46

3 SALE OF SHIP AND SHIPBUILDING CONTRACTS48

Sale of ship48

What is a sale？48

When is a binding agreement reached？49

Representations51

Innocent misrepresentations51

The rule in Hedley Byrne52

Economic loss under Hedley Byrne52

Misrepresentation Act 196753

Fraudulent misrepresentations55

Breaches of contract may be conditions， warranties or intermediate terms56

What is a condition？56

What is a warranty？56

What is an intermediate term？57

Implied conditions and warranties57

Express conditions58

Contract term implied by court to give ‘business efficacy’60

The ability of a seller to exclude his liability60

What is a consumer sale？61

What is an international sale？61

When does property pass？63

What are the seller’s duties？65

What are the buyer’s duties？65

What are the seller’s remedies？65

What are the buyer’s remedies？66

What is the position when the ship is under charter at time of sale？67

Sale and purchase practice68

Norwegian Saleform 199370

Execution of bill of sale73

The use of ‘Mareva’ jurisdiction74

Shipbuilding contracts75

Formation of contract76

Duties of a builder79

Doctrine of frustration79

Passing of risk79

Destruction of ship being built80

What are the builder’s remedies？80

What are the buyer’s remedies？83

4 ADMIRALTY JURISDICTION， MARITIME CLAIMS， LIENS AND SOVEREIGN IMMUNITY88

Admiralty jurisdiction88

Supreme Court Act 198190

Supreme Court Act 1981， section 2299

Exercise of jurisdiction99

Nature of action in rem100

Advantages of in rem action100

Procedure for an action in rem100

Renewal of validity of claim form102

Arrest of a ship103

‘Alternative ship arrest’105

Meaning of ‘beneficially owning’108

Procedural aspects of arrest of a ship113

Wrongful arrest118

What is a maritime lien？119

Maritime liens and the conflict of laws119

‘Other charge’128

‘Ship repairer’s lien’128

The Civil Jurisdiction and Judgments Act 1982 （The Brussels Convention）129

Stay or dismissal of proceedings137

Position where there is a pre-existing arbitration clause142

Section 34 of the Civil Jurisdictions and Judgments Act145

What is the appropriate forum？146

Jurisdiction clauses158

Anti-suit injunctions165

Immunity of State-owned vessels167

5 CHARTERPARTIES168

Demise charterparties168

Trip charters169

Slot charterparties171

Time charterparties171

Subject details （charterparties generally）172

Obligations of seaworthiness （time or voyage charterparties）172

Time charters173

Performance—speed and consumption174

Bottom fouling175

How should speed and consumption claims be calculated？175

Method （a）176

Method （b）177

Charterparty bunkering disputes178

Safe ports179

Off-hire181

Net loss of time181

Events preventing the full working of the vessel182

Deficiency of men183

Detention by average acts183

What is meant by the words ‘any other cause preventing the full working of the vessel’？183

A right to make deductions from hire184

Express deductions185

Equitable deductions185

Equitable set off185

Delivery of cargo without production of original bills of lading186

Deck cargo188

Liens189

Where and when should a possessory lien on cargo be exercised？190

Lien on sub-freights191

Right to lien sub-sub-freights192

Authority to sign bills of lading192

What are the duties of a Master re signing bills？193

To what extent may the Master delegate his authority to sign195

How far down a charterparty ‘chain’ may this authority extend？195

Indemnity provisions196

Shipowner’s implied right of indemnity196

How does an implied indemnity differ from the right to damages for breach of contract？197

To what extent can the question of identity of the carrier be resolved when the vessel is under time charter？197

The Inter-Club agreement199

General description199

Is the Inter-Club agreement legally binding？200

What is meant by a ‘properly settled’ claim？201

What happens about recoverability of legal costs under the agreement？202

Inter-Club agreement—1996 version203

Obligation to pay hire and the right of withdrawal of vessel for non-payment205

Payment to be made in cash205

Withdrawal must be permanent， not temporary205

Anti-technicality clauses206

Redelivery207

What is meant by the ‘illegitimate last voyage’？207

NYPE ’93209

Voyage charterparties214

The charterer’s right to cancel215

Arrival at loading port216

Where must a vessel have reached before it can be said to have arrived in the legal sense？216

Notice of readiness216

Can an invalid NOR become validated when a ship does become ultimately in all respects ready？217

Laytime218

When does laytime commence？218

Does laytime commence immediately all three of these conditions are met？219

Who pays for waiting time？219

How is laytime calculated？220

Excepted periods from laytime222

Used laytime224

What is demurrage？224

Despatch money224

‘Full and complete’ cargo225

Freight227

How is freight calculated？227

Quantity/quality determination227

Can deduction be made from freight by way of equitable set-off？228

Deadfreight228

Clause 2 of the Gencon charterparty228

What is meant by the word ‘personal’ in the context of Clause 2？229

What is meant by repudiation？229

Lack of clarity in Charterparty text itself230

How is a repudiatory breach to be analysed？230

The innocent party may choose to affirm232

Maritime arbitration （commentary on significant aspects of London’s arbitration service）232

General comments232

Private sector litigation232

Commercial service233

Pre-1996 Right of appeal234

Arbitrator’s powers including power to dismiss cases for want of prosecution235

Time limits236

Extension of time236

The Arbitration Act 1996236

The award240

Right of appeal240

Can parties exclude judicial review？240

Costs241

What is meant by a ‘sealed offer’？241

Doctrine of precedent does not apply241

6 BILLS OF LADING243

Three-role function243

What happens when the Bill is endorsed over to an innocent third partyfor value？244

The passing of property in the goods245

Straight bills and Seaway bills246

Who is the carrier？249

Identity of carrier clause （33）250

Demise clause （35）250

What is or was UCP 500？252

Non-production of Bills of Lading at the time of delivery of cargo253

Clean Bills of Lading256

The nature and extent of the Master’s authority to sign258

Transfer of the title to sue260

The Himalaya Clause264

The Hague and Hague-Visby Rules269

Deviation （in the geographical sense）273

To what extent does the commission of a fundamental breach deprive a carrier of his contractual exceptions or limitations？274

The Hague-Visby Rules276

Incorporation of Charterparinto Bill of Lading278

Electronic Bills of Lading281

7 COLLISIONS283

Loss or damage caused without actual contact284

The ‘agony of the moment’ defence286

International regulations for the prevention of collisions at sea287

Causative potency307

The ‘last opportunity’ rule308

Presumption of fault310

The 1910 Collision Convention and the Maritime Conventions Act 1911311

Loss of life/personal injury claims313

Multiple collision situations313

Elder Brethren and Nautical Assessors315

Limitation period316

Brief summary of legal procedure in pursuit of a collision claim317

‘Tug and tow’ situations318

The divided damages rule320

Division of loss320

（1） Collision involving damage to ship only320

（2） Collision involving ship and cargo damage only321

（3） Collision involving ship and cargo damage and loss of life and personal injury to crew322

Differences of United States law323

Measure of damages after collision324

Measure of damages where ship is damaged but not lost326

Ascertaining the remoteness of damage328

Should losses following a breach of contract be treated differently from losses resulting from a tort？330

8 SALVAGE335

Maritime property336

Life salvage336

Voluntariness337

Instances where the crew of a ship in distress can claim salvage338

The position of a passenger claiming as salvor340

Real danger340

Part Ⅱ342

The salvage service must be successful if only partially343

When may a charterer be entitled to claim salvage？343

When may a cargo-owner be entitled to claim salvage？344

Lloyd’s form of salvage agreement （LOF 80）345

The Master’s ostensible authority348

The International Convention of Salvage 1989351

Special compensation for preventing or minimising damage to the environment355

Lloyd’s form of salvage agreement （LOF 90）355

Lloyd’s form of salvage agreement （LOF 95）361

Nagasaki Spirit362

LOF 2000366

Who contributes to a salvage award？367

How are values assessed？368

Ships368

Cargo368

Freight at risk369

Pro rata payment of the salvage award370

Apportionment as between owners， master and crew of salving vessel371

Apportionment amongst various sets of salvors or salving ships373

Wrongful dispossession of earlier salvors by later salvors374

Possessory rights of a salvor375

To what extent may a salvor be held legally responsible for the consequences of his negligence？376

A salvor’s ability to limit liability377

What happens if and when a wrongdoer ‘turns salvor’？378

Circuity of action in the context of salvage actions379

Time limit380

When does towage become salvage？381

9 TOWAGE383

Tug-owner’s right to limit liability391

In what circumstances may towage be converted into a salvage service？392

10 LIMITATION OF LIABILITY394

Historical development394

The limitation fund395

Application of limitation after maritime collision between two vessels at fault398

Tug and tow situations399

The Convention on Limitation of Liability for Maritime Claims 1976401

Article 1： Persons entitled to limit liability401

Article 2.1： Claims subject to limitation403

Article 2.2404

Article 3： Claims excepted from limitation405

Article 4： Conduct barring limitation406

Article 5： Counterclaims410

Article 6： The general limits410

Article 7： The limit for passenger claims412

Article 9： Aggregation of claims413

Article 10： Limitation of liability without constitution of a limitation fund414

Article 11： Constitution of the fund414

Article 12： Distribution of the fund416

Article 13： Bar to other actions417

Article 14： Governing law419

Time limitations419

Protocol of 1996421

11 OIL POLLUTION424

International Convention on Civil Liability for Oil Pollution 1969426

Compulsory insurance428

International Convention on the Establishment of an International Fund for Compensation 1971428

Where does fund incur no obligation？429

How much in total is the fund obliged to pay out？429

‘Roll-back relief’ （Article 5）429

How pollution damage is variously defined430

Difference between preventive measures and threat removal measures431

Environmental damage431

1992 Civil Liability Convention433

Liability434

Limitation of liability434

Compulsory insurance436

The Fund Convention 1992437

What are the exceptions to the obligations of the fund to pay compensation？438

What is the maximum amount of compensation the fund must pay out？438

Conversion of units of account439

There should be a fair distribution of compensation439

Who contributes to the fund？439

Can complete uniformity and reciprocity ever be truly achieved？439

International Convention on Civil Liability for Bunker Oil Pollution 2001440

New development by the IMO of an extra （third） tier of funding441

US Oil Pollution legislation441

Who can be liable？442

Circumstances creating liability442

Are there any exceptions to liability？442

Can a responsible party limit his liability？442

What will ‘break’ limitation？442

Financial responsibility under OPA 1990444

Do victims fare better under OPA 90 or 1992 Convention？444

Insurance for oil pollution liabilities444

12 PASSENGERS446

Athens Convention450

Basis of liability451

Limit of liability451

Loss of right to limit453

Time bar for legal action454

Compulsory insurance457

Luggage and vehicles457

13 PILOTAGE459

What is a pilot？459

What is compulsory pilotage？463

Defence of compulsory pilotage466

Geographical application of Pilotage Act466

Obligations under the compulsory pilotage provisions467

Right of authorized pilot to supersede unauthorized pilot468

What constitutes an offer of pilotage services？469

Misconduct of pilot470

Limitation of a pilot’s liability470

A pilot authority’s right to limit471

Pilotage charges472

APPENDICES473

Appendix 1 Merchant Shipping Act 1995473

Appendix 2 Memorandum of Agreement （Norwegian Saleform 1993）476

Appendix 3 New York Produce Exchange Form 1946484

Appendix 4 Inter-Club New York Produce Exchange Agreement （1996）487

Appendix 5 GENCON490

Appendix 6 Lloyd’s Standard Form of Salvage Agreement （1995 revision） and Salvage Agreement Procedural Rules494

Appendix 7 United Kingdom Standard Conditions for Towage and Other Services （revised 1986）503

Appendix 8 International Convention on Civil Liability for Oil Pollution Damage 1992507

Appendix 9 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992518

Appendix 10 SCOPIC 2000 clause， supplementary to any Lloyd’s Form Salvage Agreement ‘No Cure-No Pay’ （Main Agreement）535

Appendix 11 LOF 2000 Lloyd’s Standard Form of Salvage Agreement540

Appendix 12 Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea， 1974， Articles 1-25543

Appendix 13 Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims of 19 November 1976， Articles 1-15557

Index563