China's Merchant Marine
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Laws Adrift: Anchoring Choice of Law Provisions in Admiralty Torts
University of Miami International and Comparative Law Review Volume 17 Issue 1 Volume 17 Issue 1 (Fall 2009) Article 4 10-1-2009 Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts Marcus R. Bach-Armas Jordan A. Dresnick Follow this and additional works at: https://repository.law.miami.edu/umiclr Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Marcus R. Bach-Armas and Jordan A. Dresnick, Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts, 17 U. Miami Int’l & Comp. L. Rev. 43 (2009) Available at: https://repository.law.miami.edu/umiclr/vol17/iss1/4 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami International and Comparative Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. LAWS ADRIFT: ANCHORING CHOICE OF LAW PROVISIONS IN ADMIRALTY TORTS - Marcus R. Bach-Armas*& JordanA. Dresnick I. Introductory Remarks ........................ 44 II. The View from the Crow's Nest: Unwrapping Choice of Law Provisions ........................................... 46 III. The History of Maritime Tort Choice of Law Analysis .................................. 51 IV. Current Maritime Choice of Law Jurisprudence .................................... 55 V. Drafting for Naught: The (In)Significance of Choice of Law Clauses in Maritime Torts .................. 58 VI. The Role of Choice of Law Provisions in Maritime Torts Post-Bremen ............. 60 VII. Concluding Remarks .......................... 64 At the time of submission, Marcus R. -
Malacca-Max the Ul Timate Container Carrier
MALACCA-MAX THE UL TIMATE CONTAINER CARRIER Design innovation in container shipping 2443 625 8 Bibliotheek TU Delft . IIIII I IIII III III II II III 1111 I I11111 C 0003815611 DELFT MARINE TECHNOLOGY SERIES 1 . Analysis of the Containership Charter Market 1983-1992 2 . Innovation in Forest Products Shipping 3. Innovation in Shortsea Shipping: Self-Ioading and Unloading Ship systems 4. Nederlandse Maritieme Sektor: Economische Structuur en Betekenis 5. Innovation in Chemical Shipping: Port and Slops Management 6. Multimodal Shortsea shipping 7. De Toekomst van de Nederlandse Zeevaartsector: Economische Impact Studie (EIS) en Beleidsanalyse 8. Innovatie in de Containerbinnenvaart: Geautomatiseerd Overslagsysteem 9. Analysis of the Panamax bulk Carrier Charter Market 1989-1994: In relation to the Design Characteristics 10. Analysis of the Competitive Position of Short Sea Shipping: Development of Policy Measures 11. Design Innovation in Shipping 12. Shipping 13. Shipping Industry Structure 14. Malacca-max: The Ultimate Container Carrier For more information about these publications, see : http://www-mt.wbmt.tudelft.nl/rederijkunde/index.htm MALACCA-MAX THE ULTIMATE CONTAINER CARRIER Niko Wijnolst Marco Scholtens Frans Waals DELFT UNIVERSITY PRESS 1999 Published and distributed by: Delft University Press P.O. Box 98 2600 MG Delft The Netherlands Tel: +31-15-2783254 Fax: +31-15-2781661 E-mail: [email protected] CIP-DATA KONINKLIJKE BIBLIOTHEEK, Tp1X Niko Wijnolst, Marco Scholtens, Frans Waals Shipping Industry Structure/Wijnolst, N.; Scholtens, M; Waals, F.A .J . Delft: Delft University Press. - 111. Lit. ISBN 90-407-1947-0 NUGI834 Keywords: Container ship, Design innovation, Suez Canal Copyright <tl 1999 by N. Wijnolst, M . -
Regulatory Issues in International Martime Transport
Organisation de Coopération et de Développement Economiques Organisation for Economic Co-operation and Development __________________________________________________________________________________________ Or. Eng. DIRECTORATE FOR SCIENCE, TECHNOLOGY AND INDUSTRY DIVISION OF TRANSPORT REGULATORY ISSUES IN INTERNATIONAL MARTIME TRANSPORT Contact: Mr. Wolfgang Hübner, Head of the Division of Transport, DSTI, Tel: (33 1) 45 24 91 32 ; Fax: (33 1) 45 24 93 86 ; Internet: [email protected] Or. Eng. Or. Document complet disponible sur OLIS dans son format d’origine Complete document available on OLIS in its original format 1 Summary This report focuses on regulations governing international liner and bulk shipping. Both modes are closely linked to international trade, deriving from it their growth. Also, as a service industry to trade international shipping, which is by far the main mode of international transport of goods, has facilitated international trade and has contributed to its expansion. Total seaborne trade volume was estimated by UNCTAD to have reached 5330 million metric tons in 2000. The report discusses the web of regulatory measures that surround these two segments of the shipping industry, and which have a considerable impact on its performance. As well as reviewing administrative regulations to judge whether they meet their intended objectives efficiently and effectively, the report examines all those aspects of economic regulations that restrict entry, exit, pricing and normal commercial practices, including different forms of business organisation. However, those regulatory elements that cover competition policy as applied to liner shipping will be dealt with in a separate study to be undertaken by the OECD Secretariat Many measures that apply to maritime transport services are not part of a regulatory framework but constitute commercial practices of market operators. -
TOP Tankers Inc
TOP Tankers Inc. October 2005 NASDAQ: “TOPT” Page 1 Disclaimer Forward-Looking Statements This presentation contains forward-looking statements within the meaning of applicable federal securities laws. Such statements are based upon current expectations that involve risks and uncertainties. Any statements contained herein that are not statements of historical fact may be deemed to be forward-looking statements. For example, words such as “may,” “will,” “should,” “estimates,” “predicts,” “potential,” “continue,” “strategy,” “believes,” “anticipates,” “plans,” “expects,” “intends” and similar expressions are intended to identify forward-looking statements. Actual results and the timing of certain events may differ significantly from the results discussed or implied in the forward-looking statements. Among the factors that might cause or contribute to such a discrepancy include, but are not limited to, the risk factors described in the Company’s Registration Statement filed with the Securities and Exchange Commission, particularly those describing variations on charter rates and their effect on the Company’s revenues, net income and profitability as well as the value of the Company’s fleet. Page 2 Evangelos J. Pistiolis, Chief Executive Officer Page 3 Founder & Continued Equity Sponsorship Dynamic Founder & Continued Equity Sponsorship Entered shipping business in 1992, tankers in 1999 July 2004, $135.1m IPO acquired 2 DH Suezmax and 8 DH Handymax tankers November 2004, $148.1m follow-on, acquired 5 DH Suezmax tankers 2005, Organic Growth: -
Trends in Bulkcarrier Market & Port Activity.Pptx
If necessary change logos on covers/ chapter dividers and in the footer. Dedicated logos are available in the template tool at the end of the list Trends In Bulkcarrier If you want to update Title and Subtitle in the Market & Port Activity footer, go to View tab → Slide Master Presentation to the International and change it on Dry Bulk Terminals Group first slide in the left pane 11 April 2019, Barcelona Trevor Crowe, Director, Date format: Day, month and year Clarksons Research e.g. 30 June 2018 Ref: A4036b Agenda Trends In Bulkcarrier Market & Port Activity 1. Introduction to the Clarksons group, Clarksons Research and Sea/net 2. Global Dry Bulk Port Activity – Looking At The Big Picture 3. Profiles & Case Studies - Drilling Down For Port Intelligence 4. Summary Trends In Bulkcarrier Market & Port Activity | International Dry Bulk Terminals Group, 11 April 2019 2 EnablingThe Clarksons Global Group Trade Clarksons is the 167 YEARS world’s leading provider 48 OFFICES of integrated shipping services IN 22 COUNTRIES FTSE 250 Our intelligence adds value by 15+ YEARS enabling clients to make more INCREASING DIVIDENDS efficient and informed decisions to achieve their business objectives 24/7 5,000+ INTERNATIONAL CLIENTS Trends In Bulkcarrier Market & Port Activity | International Dry Bulk Terminals Group, 11 April 2019 Clarksons Research Market leader, excellent brand, >120 staff globally, broad and diverse product range and client base OFFSHORE AND ENERGY SHIPPING AND TRADE The leading provider offshore Market leaders in timely and data for more than 30 years. authoritative information on all Providing clients with the key aspects of shipping. -
MN 20 of 2018 New Building Procedures – Ships and Boats
South African Maritime Safety Authority Ref: SM6/5/2/1 Date: 7 June 2018 Marine Notice No. 20 of 2018 New Building Procedures – Ships and Boats TO SHIP/BOAT BUILDERS, NAVAL ARCHITECTS, VESSEL OWNERS, REGIONAL MANAGERS, PRINCIPAL OFFICERS, REGISTRAR OF SHIPS AND SURVEY STAFF. Summary The following marine notice provides guidance to industry on processes to be followed for plan approval and SAMSA attendance during a new building, of a ship or boat to achieve compliance with the Merchant Shipping Act 57 of 1951 and supporting regulations applicable to Non-SOLAS convention ships (class vessels) and boats (category vessels). 1. INTRODUCTION The Merchant Shipping Act and supporting regulations address vessel construction in a compliance based manner while the process of building a ship/boat is a dynamic one which requires evaluation of all elements and continuous confirmation that the changing of one or more parameters has not affected others negatively. The difference between the two approaches can be represented as follows: Regulatory Compliance-based Approach Ship/boat design process While the design process is meant to be completed before submission of plans to the Authority, it is important to realise that requirements for regulatory changes may affect other elements of the vessel design. It is accordingly important for SAMSA to play a timely role in the plan approval and survey process to avoid requirements for changes late in a project which may cause delays and additional costs or even affect the operational capability of the end product. It is also important for the owner/builder to understand the legislative framework in which he/she is working to allow SAMSA the opportunity to identify area’s of non-compliance at an early stage for the same reasons as those outlined above. -
中國遠洋控股股份有限公司 China COSCO Holdings Company Limited*
Hong Kong Exchanges and Clearing Limited and The Stock Exchange of Hong Kong Limited take no responsibility for the contents of this announcement, make no representation as to its accuracy or completeness and expressly disclaim any liability whatsoever for any loss howsoever arising from or in reliance upon the whole or any part of the contents of this announcement. 中國遠洋控股股份有限公司 China COSCO Holdings Company Limited* (a joint stock limited company incorporated in the People’s Republic of China with limited liability) (Stock code: 1919) CONNECTED TRANSACTIONS — ACQUISITIONS OF EQUITY INTERESTS IN OFFSHORE COMPANIES On 5 August 2016, the Group and COSCO SHIPPING Group entered into the Offshore Companies SPAs, pursuant to which the Group conditionally agreed to acquire and other members of the COSCO Group or CS Group conditionally agreed to sell certain equity interests in the Offshore Companies. As at the date of this announcement, COSCO is the controlling shareholder of the Company and COSCO SHIPPING is the indirect controlling shareholder of the Company which holds the entire equity interests in COSCO and China Shipping. Being a member of the COSCO Group or the CS Group, the sellers to the Offshore Company SPAs are connected persons of the Company for the purpose of Chapter 14A of the Listing Rules and the Proposed Transactions constitute connected transactions under Chapter 14A of the Listing Rules. As the highest applicable percentage ratio as defined under the Listing Rules in respect of the Proposed Transactions exceeds 0.1% but is lower than 5%, the Proposed Transactions are subject to reporting and announcement requirements under Chapter 14A of the Listing Rules but are exempt from independent shareholders’ approval requirement. -
Volume Contracts of Affreightment – Some Features and Principles
Volume Contracts of Affreightment – Some Features and Principles Lars Gorton 1 Introduction ………………………………………………………………….…. 62 1.1 General Background ……………………………………………………… 62 1.2 Some Contractual Points …………..……………………………………... 62 1.3 Frame Agreements ………………………………………………………... 64 1.4 Some General Points Related to Distributorship Agreements and Volume Contracts ………………………………………. 66 1.5 Some Further Overriding Points ……………………………………….…. 67 2 Contract Forms ………………………………………………………………… 68 3 Law, Contract and Terminology ……………………………………………… 69 4 The SMC Rules on Volume Contracts ……………………………………..…. 70 5 Characteristics of COA’s ……………………………………………………… 71 6 The Generic Nature of the COA ………………………………………………. 72 7 Some of the Parameters of the COA ………………………...……………….. 76 7.1 The Ships Involved Under the Volume Contract ………………………… 76 7.2 Time Elements in Connection with COA’s ………………………………. 76 7.3 Cargo and Cargo Quantity and Planning of Voyages ………………….… 77 8 Breach and Consequences of Breach …………………………………………. 78 8.1 Generally, Best Efforts and Cooperation …………………………………. 78 8.2 Consequences of the Owners’s Breach …………………………………... 78 8.3 Consequences of the Charterer’s Breach …………………………………. 78 9 Some Comparisons with Distributorship Agreements in English Law ….…. 78 10 Some COA Cases Involving “Evenly spread” ……………………………….. 82 10.1 “Evenly spread” …………………………………………………………... 82 10.2 Mitigation of Damages …………………………………………………… 85 11 Freight, Demurrage and Similar ……………………………………………… 88 11.1 General Points ………..…………………………………………………... 88 11.2 Freight Level …………………………………………………………….. -
Draft Final Report on Mtcp Tonnage Measurement Study
Tonnage Measurement Study MTCP Work Package 2.1 Quality and Efficiency Final Report Bremen /Brussels, November 2006 Disclaimer: The use of any knowledge, information or data contained in this document shall be at the user's sole risk. The members of the Maritime Transport Coordination Platform accepts no liability or responsibility, in negligence or otherwise, for any loss, damage or expense whatever sustained by any person as a result of the use, in any manner or form, of any knowledge, information or data contained in this document, or due to any inaccuracy, omission or error therein contained. The contents and the views expressed in the document remain the responsibility of the Maritime Transport Coordination Platform. The European Community shall not in any way be liable or responsible for the use of any such knowledge, information or data, or of the consequences thereof. Content 0. Executive Summary............................................................................................1 1 Introduction and Background ............................................................................2 2 Structure of Report..............................................................................................3 3. The London Tonnage Convention (1969) .......................................................4 3.1 Brief History..................................................................................................4 3.2 Purpose and Regulations of the Convention..................................................5 3.3 Definitions......................................................................................................8 -
China's Logistics Capabilities for Expeditionary Operations
China’s Logistics Capabilities for Expeditionary Operations The modular transfer system between a Type 054A frigate and a COSCO container ship during China’s first military-civil UNREP. Source: “重大突破!民船为海军水面舰艇实施干货补给 [Breakthrough! Civil Ships Implement Dry Cargo Supply for Naval Surface Ships],” Guancha, November 15, 2019 Primary author: Chad Peltier Supporting analysts: Tate Nurkin and Sean O’Connor Disclaimer: This research report was prepared at the request of the U.S.-China Economic and Security Review Commission to support its deliberations. Posting of the report to the Commission's website is intended to promote greater public understanding of the issues addressed by the Commission in its ongoing assessment of U.S.-China economic relations and their implications for U.S. security, as mandated by Public Law 106-398 and Public Law 113-291. However, it does not necessarily imply an endorsement by the Commission or any individual Commissioner of the views or conclusions expressed in this commissioned research report. 1 Contents Abbreviations .......................................................................................................................................................... 3 Executive Summary ............................................................................................................................................... 4 Methodology, Scope, and Study Limitations ........................................................................................................ 6 1. China’s Expeditionary Operations -
Dictionary.Pdf
THE SEAFARER’S WORD A Maritime Dictionary A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Ranger Hope © 2007- All rights reserved A ● ▬ A: Code flag; Diver below, keep well clear at slow speed. Aa.: Always afloat. Aaaa.: Always accessible - always afloat. A flag + three Code flags; Azimuth or bearing. numerals: Aback: When a wind hits the front of the sails forcing the vessel astern. Abaft: Toward the stern. Abaft of the beam: Bearings over the beam to the stern, the ships after sections. Abandon: To jettison cargo. Abandon ship: To forsake a vessel in favour of the life rafts, life boats. Abate: Diminish, stop. Able bodied seaman: Certificated and experienced seaman, called an AB. Abeam: On the side of the vessel, amidships or at right angles. Aboard: Within or on the vessel. About, go: To manoeuvre to the opposite sailing tack. Above board: Genuine. Able bodied seaman: Advanced deckhand ranked above ordinary seaman. Abreast: Alongside. Side by side Abrid: A plate reinforcing the top of a drilled hole that accepts a pintle. Abrolhos: A violent wind blowing off the South East Brazilian coast between May and August. A.B.S.: American Bureau of Shipping classification society. Able bodied seaman Absorption: The dissipation of energy in the medium through which the energy passes, which is one cause of radio wave attenuation. Abt.: About Abyss: A deep chasm. Abyssal, abysmal: The greatest depth of the ocean Abyssal gap: A narrow break in a sea floor rise or between two abyssal plains. -
Information Technology at COSCO
9-305-080 REV: NOVEMBER 21, 2005 F. WARREN MCFARLAN CHEN GUOQING DAVID LANE Information Technology at COSCO To operate globally, a company like COSCO can’t rely on human brains alone. We just wouldn’t be able to stand up. In order to be a true multinational, you must have information technology to support you. We are now the second-largest shipping company in the world, and the world number two must rely on IT. — Wei Jiafu, COSCO Chairman In January 2005, Captain Wei Jiafu, chairman of Beijing-based COSCO Group, noted with pleasure the impact of COSCO’s investments in information technology (IT). COSCO had just placed ninth in an annual ranking of China’s 500 most IT-intensive companies, up from 33rd the year before, and Wei had been cited as a “most far-sighted IT enterprise leader.” Among Asia-Pacific companies, Hewlett-Packard and Business Weekly had just named COSCO an “adaptive enterprise” for its IT achievements. More importantly, IT had delivered plenty of practical benefits. Wei noted: “This year’s operating profit is RMB 12 billion,a over three times that of last year. Last year’s profit was three times that of the year before. This is the heavy impact of IT.” The benefits of IT stemmed primarily from COSCO’s recent implementation of SAP’s enterprise resource planning (ERP) system for financial functions and IRIS-2, a back-office system that managed container ship bookings and cargo. With this foundation laid, COSCO was now building new capabilities. Several initiatives were under way in early 2005: the consolidation of IT functions from across the group into COSCO Network, the extension of IRIS-2 beyond containers to breakbulk and other shipping, and the less tangible but no less important task of using IT to enhance COSCO’s service friendliness to customers.