Merchant Shipping Act 2007
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How to Win at Marine Cargo Claims: an English Perspective the Hague, Hague-Bisby and Hamburg Rules
HOW TO WIN AT MARINE CARGO CLAIMS: AN ENGLISH PERSPECTIVE THE HAGUE, HAGUE-BISBY AND HAMBURG RULES Simon David Jones, English Solicitor Cozen O’Connor Tower 42, Level 27 25 Old Broad Street London, UK +44 (0) 20 7864 2000 [email protected] Atlanta Charlotte Cherry Hill Chicago Dallas Las Vegas* Los Angeles New York Newark Philadelphia San Diego San Francisco Seattle West Conshohocken Washington, DC Wilmington *Affiliated with the Law Offices of J. Goldberg & D. Grossman The views expressed herein are those of the author and do not necessarily represent the views or opinions of any current or former client of Cozen O'Connor. These materials are not intended to provide legal advice. Readers should not act or rely on this material without seeking specific legal advice on matters which concern them. Copyright (c) 2001 Cozen O'Connor ALL RIGHTS RESERVED 1 HOW TO WIN AT MARINE CARGO CLAIMS : AN ENGLISH PERSPECTIVE THE HAGUE, HAGUE-VISBY AND HAMBURG RULES Background At English common law the parties to a contract of affreightment covered by a Bill of Lading or similar document had complete freedom to negotiate their own terms as had the parties to a charterparty. Abuse of the carriers’ stronger bargaining position during the 19th century led to extremely onerous terms being placed in Bills of Lading. The first attempt to redress the balance between the interests of ship and cargo came from the United States in the form of the Harter Act of 1893. It soon became clear to the major marine trading countries that a single Convention binding all contracting parties was preferable to a system of similar but not identical Acts. -
The Colours of the Fleet
THE COLOURS OF THE FLEET TCOF BRITISH & BRITISH DERIVED ENSIGNS ~ THE MOST COMPREHENSIVE WORLDWIDE LIST OF ALL FLAGS AND ENSIGNS, PAST AND PRESENT, WHICH BEAR THE UNION FLAG IN THE CANTON “Build up the highway clear it of stones lift up an ensign over the peoples” Isaiah 62 vv 10 Created and compiled by Malcolm Farrow OBE President of the Flag Institute Edited and updated by David Prothero 15 January 2015 © 1 CONTENTS Chapter 1 Page 3 Introduction Page 5 Definition of an Ensign Page 6 The Development of Modern Ensigns Page 10 Union Flags, Flagstaffs and Crowns Page 13 A Brief Summary Page 13 Reference Sources Page 14 Chronology Page 17 Numerical Summary of Ensigns Chapter 2 British Ensigns and Related Flags in Current Use Page 18 White Ensigns Page 25 Blue Ensigns Page 37 Red Ensigns Page 42 Sky Blue Ensigns Page 43 Ensigns of Other Colours Page 45 Old Flags in Current Use Chapter 3 Special Ensigns of Yacht Clubs and Sailing Associations Page 48 Introduction Page 50 Current Page 62 Obsolete Chapter 4 Obsolete Ensigns and Related Flags Page 68 British Isles Page 81 Commonwealth and Empire Page 112 Unidentified Flags Page 112 Hypothetical Flags Chapter 5 Exclusions. Page 114 Flags similar to Ensigns and Unofficial Ensigns Chapter 6 Proclamations Page 121 A Proclamation Amending Proclamation dated 1st January 1801 declaring what Ensign or Colours shall be borne at sea by Merchant Ships. Page 122 Proclamation dated January 1, 1801 declaring what ensign or colours shall be borne at sea by merchant ships. 2 CHAPTER 1 Introduction The Colours of The Fleet 2013 attempts to fill a gap in the constitutional and historic records of the United Kingdom and the Commonwealth by seeking to list all British and British derived ensigns which have ever existed. -
Maritime Carrier's Liability for Loss of Or Damage to Goods Under The
Maritime Carrier's Liability for Loss of or Damage to Goods under the Hague Rules, Visby Rules and the Hamburg Rules, compared with his Liability as an Operator under the Relevant Rules of the International Multimodal Transport Convention. A Thesis Submitted for the Degree of Doctor of Philosophy by Hani M.S. Abdulrahim The School of Law, Faculty of Law and Financial Studies, University of Glasgow February 1994 © Hani M.S. Abdulrahim, 1994 ProQuest Number: 11007904 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11007904 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 “ILhl m i GLASGOW C>p I UNIVERr'T library ii To My mother, brothers, sisters and in memory of my father. Acknowledgements I wish with considerable enthusiasm to acknowledge and express my deepest grateful thanks and gratitude to Dr. W. Balekjian and Mr Alan Gamble for their invaluable guidance and encouragement in supervising this thesis. They have given unsparingly of their time to it. It gives me great pleasure to acknowledge the helpfulness of the Glasgow University library staff, and also my deep gratitude to Mrs Cara Wilson who kindly typed this work. -
Colour Psychology Colour and Culture
74 COLOUR PSYCHOLOGY COLOUR AND CONTRAST 75 Colour Psychology Colour and Culture How people respond to colour is of great interest to those who work Research shows that ninety-eight languages have words for the same in marketing. Colour psychology research is often focused on how eleven basic colours;4 however, the meaning a colour may have can be the colour of a logo or a product will yield higher sales, and what very different. There are conflicting theories on whether the cultural colour preferences can be found in certain age groups and cultures. meanings of colours can be categorised. Meanings can change over The study of the psychological effects of colour have coincided time and depend on the context. Black may be the colour of mourning with colour theory in general. Goethe focused on the experience of in many countries, though a black book cover or a black poster is not colour in his Zur farbenlehre from 1810,1 in opposition to Sir Isaac always associated with death. Another example is that brides in China Newton’s rational approach. Goethe and Schiller coupled colours to traditionally wear red, but many brides have started to wear white in character traits: red for beautiful, yellow for good, green for useful, recent decades.4 The cultural meaning of colours is not set but always and blue for common. Gestalt psychology in the early 1900s also changing. The next few pages list some of the meanings of colours in attributed universal emotions to colours, a theory that was taught to different cultures. students at the Bauhaus by Wassily Kandinsky. -
Rise of the Machines – a Legal Analysis of Seaworthiness in the Context of Autonomous Shipping
FACULTY OF LAW Lund University Anders Kirchner Rise of the Machines – A Legal analysis of Seaworthiness in the context of autonomous shipping JURM02 Graduate Thesis Graduate Thesis, Master of Laws program 30 higher education credits Supervisor: Olena Bokareva Semester of graduation: Period 1 Spring Semester 2019 Contents SUMMARY 1 SAMMANFATTNING 3 PREFACE 6 ABBREVIATIONS 7 1 INTRODUCTION 9 1.1 History and background 9 1.2 Purpose and problem 11 1.3 Delimitations 12 1.4 Method, material and state of research 12 1.5 Outline 14 2 AUTONOMOUS SHIPS: EVOLUTION AND SELECTED PROJECTS 15 2.1 Introduction 15 2.2 Autonomous vessel projects 16 2.2.1 Svitzer Hermod 16 2.2.2 YARA Birkeland 16 2.2.3 Falco 17 2.2.4 ReVolt 17 2.2.5 MUNIN 18 2.2.6 Mitsui and Nippon Yusen project 18 2.2.7 Shone 19 2.2.8 Waterborne TP 19 2.3 Factors impacting autonomous vessels 20 2.3.1 Economy 20 2.3.2 Safety 23 2.3.3 Environment 25 2.4 Concluding remarks 27 3 THE CONCEPT OF AUTONOMOUS SHIPS: TERMINOLOGY AND LEGAL CONCEPT 29 3.1 Introduction 29 3.2 Definition of an autonomous ship 30 3.2.1 Waterborne project 30 3.2.2 MUNIN 30 3.2.3 NFAS 30 3.2.4 Lloyd’s Registers definitions of autonomy levels of vessels 31 3.2.5 IMO definitions of autonomy levels of ships 32 3.3 Shore control centre 32 3.4 Is an unmanned ship a ship? 33 3.4.1 UNCLOS 34 3.4.1.1 Background 34 3.4.1.2 Definition of a ship 34 3.4.2 MARPOL 73/78 35 3.4.2.1 Background 35 3.4.2.2 Definition of a ship 36 3.4.3 SOLAS and ISM Code 36 3.4.3.1 Background 36 3.4.3.2 Definition of a ship 37 3.4.4 COLREGs 37 3.4.4.1 -
FLAG of MONACO - a BRIEF HISTORY Where in the World
Part of the “History of National Flags” Series from Flagmakers FLAG OF MONACO - A BRIEF HISTORY Where In The World Trivia Apart from aspect ratio, the flag of Monaco is identical to the flag of Indonesia. Technical Specification Adopted: 1881 Proportion: 4:5 Design: A bi-colour in red and white, from top to bottom Colours: PMS: Red: 032 C CMYK: Red: 0% Cyan, 90% Magenta, 86% Yellow, 0% Black Brief History Monaco used to be a colony of the Italian city-state Genoa. A small isolated country between the mountains and the sea with one castle on the Rock of Monaco, overlooking the entire country. Francesco Grimaldi disguised himself and his men as Franciscan monks and infiltrated the castle to take control. It was not long before Genoan forces succeeded in ousting him. Later his descendents simply bought the castle and the realm from Genoa and turned it into a principality. At this point the flag of Genoa was the St. George’s flag. They allowed England, for a fee, to fly their flag so they could use their sea and ports to trade. The Monaco Coat of Arms has represented the country for as long as the Grimaldi dynasty has been in power, since the early 15th Century. Although the design has changed gradually over the years, the key elements have remained the same. The motto, 'Deo Juvante' is Latin for 'With God's Help'. This coat of arms today serves as the state flag. St George’s Flag of Genoa The Coat of Arms of Monaco The colours on the shield, red and white in a pattern known as 'lozengy argent and gules' in heraldic terms, are the national colours. -
Pleasure Boating and Admiralty: Erie at Sea' Preble Stolz*
California Law Review VoL. 51 OCTOBER 1963 No. 4 Pleasure Boating and Admiralty: Erie at Sea' Preble Stolz* P LEASURE BOATING is basically a new phenomenon, the product of a technology that can produce small boats at modest cost and of an economy that puts such craft within the means of almost everyone.' The risks generated by this development create new legal problems. New legal problems are typically solved first, and often finally, by extension of com- mon law doctrines in the state courts. Legislative regulation and any solu- tion at the federal level are exceptional and usually come into play only as a later stage of public response.2 There is no obvious reason why our legal system should react differ- ently to the new problems presented by pleasure boating. Small boats fall easily into the class of personal property. The normal rules of sales and security interests would seem capable of extension to small boats without difficulty. The same should be true of the rules relating to the operation of pleasure boats and particularly to the liability for breach of the duty to take reasonable care for the safety of others. One would expect, therefore, that the legal problems of pleasure boating would be met with the typical response: adaptation of the common law at the state level. Unhappily this is not likely to happen. Pleasure boating has the mis- fortune of presenting basic issues in an already complex problem of fed- t I am grateful to Professor Geoffrey C. Hazard, Jr. for reading the manuscript in nearly final form, and to Professor Ronan E. -
Scanned Using Book Scancenter 5033
Proc. XVII International Congress of Vexillology Copyright ©1999, Southern African Vexillological ^ssn. Peter Martinez (ed.) The Spanish navy flag chart of 1854 Emil Dreyer ABSTRACT: A coloured flag chart of the Spanish Navy dating from 1854 is presented and discussed. The history of each flag is explained, starting with the royal standard, followed by the war and commercial ensigns, the flags of the revenue and mail services, the flag to call a pilot and the flags of the Royal Maritime and Royal Philippine companies. Rank pennants are shown as well, as are the numeral triangular flags of the coast guard divisions. Also shown on the chart are the maritime province or register flags, introduced in 1845. The important influence of these register flags on the develop ment of Spanish civic flags and yacht club burgees is discussed. The Spanish text of the chart is entirely reproduced, followed by extracts of English translation. The illustrations for this paper appear on Plates 40~41- 1 Introduction The Hydrographic Office in Madrid published in 1854 a flag chart^ showing all the Spanish ensigns, rank flags, coast-guard pennants and maritime province flags (Fig. 1). It is the flrst and only comprehensive official Navy flag chart ever to have been published in Spain. The chart, which has a size of 50x70 cm, was printed with flags in detailed outlines and then hand coloured. The library of the Naval Museum in Madrid keeps an original of the chart, its water-colours having slightly faded with time. The chart presented here was originally uncoloured, the author having coloured it like the chart in the Naval Museum, but with opaque colour instead of water-colour, which gives it a more vivid impression. -
Flag of Columbia - a Brief History
Part of the “History of National Flags” Series from Flagmakers Flag of Columbia - A Brief History Where In The World Trivia The current flag is similar to the historical flag of Gran Colombia. Technical Specification Adopted: 26th November 1861 Proportion: 2:3 Design: A yellow-blue-red horizontal tricolour with the yellow band larger than the rest. Colours: PMS Yellow: 116 Red: 186 Blue: 287 CMYK Yellow: Cyan 0% Magenta 17.1% Yellow 91.3% Black 0% Blue: Cyan 100% Magenta 61.9% Yellow 0% Black 42.4% Red: Cyan 0% Magenta 91.7% Yellow 81.6% Black 19.2% Brief History In the 16th Century Colombia was called the New Kingdom of Granada under Spanish Control. The flag flown during this time was the Burgundy Cross, a red cross on a white field. In 1717 the flag for the Viceroy of New Granada was a white field with coat of arms at the centre left. The Flag of The New Kingdom of Granada The Flag of the Viceroy of New Granada (1506 – 1717) (1717 – 1789) In 1785 the flag of the Viceroy of New Granada was changed to the Spanish national flag. The flag at the time featured two red bands and a central yellow band that had the lesser coat of arms in the centre left. In 1810 New Granada became independent from Spain and called the United Provinces of New Granada. A flag that featured a central green rectangle with a yellow and red border inside of which was a white eight-pointed star was adopted. The Flag of the Viceroy of New Granada The Flag of the United Provinces of New Granada (1785 – 1819) (1810 – 1816) When 1819 New Granada became part of Gran Colombia the flag adopted was a larger yellow with smaller striped blue and red tricolour with the coat of arms of Gran Columbia in the top left hand corner. -
Seaworthiness in the Context of Marine Insurance and General Average
_____________________ 海 運 學 會 Institute of Seatransport Seminar on Seaworthiness In the context of Marine Insurance and General Average Speakers: Capt. L C Chan – Risk Management & Loss Prevention Consultant of CM Houlder Insurance Brokers Ltd. Mr. Raymond T C Wong – Emeritus Chairman of Institute of Seatransport Date : 27th July 2016 AGENDA • Seaworthiness – Definition – Maritime Law concept – Governed by Ship Certificates – Description • What does it mean for a vessel to be “unseaworthy”? – With some cases for reference • ISM Code • Marine Insurance Implications – Warranties – Voyage & Time policies – Cargo Policies - Seaworthiness Admitted – Hull Policies – Wear & Tear, Latent Defect, Due Diligence and ISM Warranty – Burden of Proof • General Average – Cargo’s Refusal to Contribute – GA and Contract of Carriage – Consequences flow from Rule D of the York-Antwerp Rules – Burden of Proof 2 – Exercising due diligence to provide a seaworthy ship Capt LC Chan – Profile Sea Experience 1. 10 years as Deck Officers in bulkers, tankers & container vessels 2. 15 years as Master in bulker and container vessels In CM Houlder - Risk Management & Loss Prevention Consultant Before CM Houlder • Management team in a container liner – accident investigation, cargo operations, vessel claims matters, recruitment of senior officers, crew training & instructor in company simulator centre • Corporate Safety, Security & Environmental Protection Officer to set policy, implement and supervise • Corporate Emergency Response Team manager to handle ship and land -
Flags and Banners
Flags and Banners A Wikipedia Compilation by Michael A. Linton Contents 1 Flag 1 1.1 History ................................................. 2 1.2 National flags ............................................. 4 1.2.1 Civil flags ........................................... 8 1.2.2 War flags ........................................... 8 1.2.3 International flags ....................................... 8 1.3 At sea ................................................. 8 1.4 Shapes and designs .......................................... 9 1.4.1 Vertical flags ......................................... 12 1.5 Religious flags ............................................. 13 1.6 Linguistic flags ............................................. 13 1.7 In sports ................................................ 16 1.8 Diplomatic flags ............................................ 18 1.9 In politics ............................................... 18 1.10 Vehicle flags .............................................. 18 1.11 Swimming flags ............................................ 19 1.12 Railway flags .............................................. 20 1.13 Flagpoles ............................................... 21 1.13.1 Record heights ........................................ 21 1.13.2 Design ............................................. 21 1.14 Hoisting the flag ............................................ 21 1.15 Flags and communication ....................................... 21 1.16 Flapping ................................................ 23 1.17 See also ............................................... -
59 the Concept of Shipwreck Among National and International Law
The Concept of Shipwreck among National and International Law * Abstract This article aims to investigate the juridical concept of “shipwreck”. Italian law does not provide a legal definition of shipwreck (“ relitto ”) alt- hough the explanatory memorandum on Maritime Code states that the wreckage of a vessel implies an “intervened substantial modification of the physical con- sistence of the res ”; French law specifies that “ L’état d’épave résulte de la non-flotta- bilité, de l’absence d’équipage à bord et de l’inexistence de mesures de garde et de manoeuvre ” while, on the contrary, English law classifies wrecks in “jetsam”, “floatsam”, “lagan” and “derelicts”, giving relevance to the abandonment of the vessel sine spe recuperandi and sine animo revertendi . The significance and combination of objective criteria (physical stranding, sinking, submersion or destruction of the ship) and subjective criteria (abandon- ment of the ship without the intention to return and resume the possession) will be examined in order to determine what a shipwreck is from a legal point of view; in particular the analysis will focus on the concept of non-buoyancy and perishing of the ship (derived from the Latin notion of interitus rei ) and on the notion of “abandonment”. Furthermore the article will consider the definitions of shipwreck given by international conventions on Maritime Law, such as the International Conven- tion on Salvage (1989), the Nairobi International Convention on the Removal of Wrecks (2007) and the Unesco Convention on the Protection of the Under- water Cultural Heritage (2001), comparing the broader classifications of ship- wreck included in those treaties with the national definitions.