Cartner on the International Law of the Shipmaster

This unique book rethinks and rewrites the previous edition. It categorises the nine interactive legal duties of the shipmaster, analysing and relating them to laws and conventions within a single volume. This book is a necessary reference and guide for shipmasters, students, practitioners and courts of maritime law and command worldwide.

Auteur

John A. C. Cartner is uniquely qualified to write on the new command at sea. He is a graduate of the U.S. Merchant Marine Academy at Kings Point, New York, U.S.A; has commanded vessels in the foreign trades; and continues to hold the master mariner's certificate; is a Chartered Engineer (naval architecture); and F.R.I.N.A.and F.S.N.A.M.E. He has magisterial degrees in finance and international law; his doctoral training was in quantitative methods of research. He has served as CEO of three companies. He is a member of the District of Columbia Bar Association and the Law Society of England and Wales and has published widely in maritime and military matters and most recently a book on human rights as well as another on defending against pirates. He has received humanitarian awards for his work in defending shipmasters. He is a widely-viewed commentator on MaritimeTV.com.

Texte du rabat

This unique text provides a comprehensive review of the laws and regulations governing the modern shipmaster, all in one complete volume. The only source which surveys the law in all IMO member states, this book provides an expert comparison of the law of agency for shipmasters and crews across multiple jurisdictions, encompassing liabilities and penalties from around the globe. It uniquely conceives of civil command in nine mutually exclusive, exhaustive, interactive, synthetic legal duties within eponymous chapters underlain by the paramount duties to safety, security, containment and readiness of the vessel within emerging technology.

The book opens with a brief history and survey of the law of the shipmaster, both internationally and on a domestic level. The author then expertly addresses vital issues including certification, nationality, and taxation requirements; a comparison of regimes of law of agency for shipmasters and crews across jurisdictions; and an examination of shipmaster duties, liabilities, and penalties in all IMO member states. The insights it provides constitute an invaluable aid to decision making for the modern master and anyone association with this pivotal profession. It proposes a doctrine of command-worthiness for vessels designed for command and for civil commanders trained for them.

New to this edition are brand new chapters on:

• Criminalization

• Third parties at sea: pirates, refugees, and stowaways

• Shipyards and other vendors

• Fishing and offshore

• Insurance

• Maritime security , foreign navies, coastguards and customs

• Port agents

It offers cost-effective alternatives to wholly-automated vessels, such as using the National Aeronautics and Space Administration (U.S.A.) model of precise mission preplanning and control with the mission plan, and a digital twin of every vessel for the use of the civil commander, management, shipyards and trainers.

This book is an invaluable reference for shipmasters, maritime lawyers, and students of maritime law worldwide.

Contenu

Prologue : The Civil Commander

Part 1: Shipping and Navies

Part 2: Definition of Civil Command at Sea

Part 3: The Maritime Venture

Part 4: Seven Pillars of Wisdom

Part 5: The Nine Duties of the Civil Commander

Part 6: From Whence the Civil Commander Came

Part 7: Modern Laws and the Licensee and Appointee

Part 8: Technologically-Driven Revolution in Shipping

Part 9: The TITANIC

Part 10: The Last Century?

Part 11: Hang [Him or Her] from a Sour Apple Tree!

Chapter 1 : The Duty of Self:Toward the Compleat Civil Commander at Sea

Part 1: The Duty of Self and of Self-Competence

Part 2: The Fit and Informed Self-Competent Civil Commander

Part 3: Civil Commander Resilience

Part 4: The Civil Commander Manager

Part 5: Lead, Follow or Get Out of the Way

Part 6: The Progression To Command

Part 7: Three Existential Identities

Part 8: Death, Be Not Proud

Part 9: The Legal Duties of Self to the Offices Held and to Others

Chapter 2: THE DUTY TO PUBLIC AUTHORITY: The Regulatory Regime of Command at Sea

Part 1: How the world is organised

Part 2: Registry States

Part 3: Coastal States

Part 4: Port States

Part 5: The Natal state

Part 6: Interdiction

Chapter 3: THE DUTY TO PRIVATE AUTHORITY: The Private Tactical Mission in Command at Sea

Part 1: Agencies of the Shipmaster

Part 2: The Owner

Part 3: The Shipmaster and His or Her Agency

Part 4: The Shipmaster's Agency Contract

Part 5: Acts within the Scope of Authority.

Part 6: Torts of the Shipmaster

Part 7: Limitation of the civil commander's liability

Part 8: The Seven R's: (1) Repudiation (and Nullification), (2) Rescission (pleaded and Cancellation), (3) Renunciation, (4) Release, (5) Ratification (And Acquiescence and Waiver) and (6) Retroactiveness

Chapter 4: THE DUTY TO THE VESSEL: The Command-worthy Vessel and Commander at Sea

Part 1: Seaworthiness

Part 2: The Conventions as to Vessels.

Part 3: Solas 78 as to the duty of the Vessel

Part 4: Security of the vessel

Chapter 5: THE DUTY TO CARGO: The Duty Safely to Carry and Contain

Part 1. Observing and Measuring Cargo
Part 2: The Bill of Lading

Part 3: SOLAS 78 Chapter VI

Part 4: SOLAS 78 Chapter VII- Carriage of Dangerous Goods

Part 5: Charterparties

CHAPTER 6: DUTY TO LIFE

Part 1: The MSC 2006

Part 2: MLC 2006 Title 1: Minimum Requirements for Seafarers

Part 3: MSCL, 2006 Title 2: Conditions of Employment

Part 4: MLC 2006 Title 3: Accommodations, Recreational Facilities, Catering

Part 5: MLC 2006 Title 4: Health Protection, Medical Care, Welfare, Social Security

Part 6: MLC 2006 Title 5: Compliance and Enforcement

Part 7: Other Lives

Part 8: The STCW 95 as Amm. 2010

Part 9: Unsafe, Dangerous and Enclosed Spaces

Chapter 7: Duty to the Voyage: The Voyage is the Mission

Part 1: SOLAS 78

Part 2: Radiocommunications

Part 3: STCW and the New Civil Commander

Part 4: International Code for Ships Operating in Polar Waters (the Polar Code)

Part 5: The Mission Must Continue: Deliver the Goods

Chapter 8: Duty to the Environments: Air and Ocean, Inside and Out

Part 1: Fire and the Internal Environment

Part 2: The External Environment and MARPOL 73/78

Ch. 9: Epilogue: The Duty to Information and the Steps to Change

Part 1: The Civil Commander

Part 2: Vessels and Command