Seafarers’ Rights in China


Book Description

This book critically investigates the conditions of seafarers’ rights in China in legislation and in practice, focusing in particular on the restructuring process following the 2006 Maritime Labour Convention. Accordingly, it poses key research questions to major Chinese stakeholders to gauge their responses to the Convention, to determine whether the protection of Chinese seafarers has actually improved since the advent of the Convention, and further, to identify the continuing challenges for future improvement. The Convention will enter into force in China in November 2016, bringing with it significant changes.




Maritime Law in China


Book Description

The Chinese maritime and shipping market has been expanding enormously in recent times as its commercial capacity to perform shipping, ship building, banking and insurance activities grows and the role of the State as guarantor of commerce is gradually reduced. This book provides a detailed guide to current Chinese maritime law, written by an expert team of contributors and systematically covering key areas such as carriage of goods by sea, international trade, vessels and seafarers and maritime liabilities. The authors explore cutting-edge issues within each topic, and analyse current trends in law reform. The book will be of interest to academics researching commercial and maritime law, as well as maritime law practitioners and shipping industry professionals working with aspects of Chinese maritime practice.




Commercial and Maritime Law in China and Europe


Book Description

Both China and Europe have a long tradition of commercial and maritime law; and this new book examining various topics from their particular perspectives is both timely and important. It links the vital component of maritime law with commercial law, financial law and trade policy. The book has performed a remarkable task in making connections between China and Europe through the lenses of substantive and procedrual laws, covering a wide range of areas, including commercial law, insurance law, salvage, EU maritime law and Brexit, carriage of goods by sea, arbitration, mediation, litigation, the recently formed China International Commercial Court, and different liability regimes, as well as a brief look forward into new initiatives and artificial intelligence in the digital age. In these challenging times, we all have much to learn from each other in seeking to find answers to what are often difficult problems. This book provides a welcome opportunity for anyone interested in commercial and maritime law to engage in that learning exercise and, looking ahead, thereby to help solve such problems as may arise in the future – in a practical and fair manner. It is therefore of great relevance to both the academic field and the legal practice field in China and Europe.







The World of the Seafarer


Book Description

This open access book constitutes an ethnographic mosaic which depicts the contextual complexities of the life and work of seafarers who are employed in the international merchant cargo fleet. The collection is based upon the observations and interviews of researchers in multiple disciplines. It is woven together to offer a richly detailed insight into the ways in which a complex global industry operates internationally. The book covers issues to do with career decisions and recruitment, gender, life and work on board multinational vessels, health and safety issues, the regulation of the industry, shipboard roles and role conflict, and the representation of workers. It will be of considerable interest to all students globally who are studying for professional seafaring qualifications, to graduate students studying for masters courses in ship and port management, and to welfare professionals and policy makers. It is of special interest to those connected to the shipping industry who specialize in issues relating to 'the human element' and will serve as a paradigm defining text in this area.




Transport Law in China


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in China. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marine pollution; collision; and carriage of passengers. Other topics discussed include liability and limitation of liability, charter parties, and transport under bill of lading. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are also covered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling transport contracts or cases affecting China. It will also be welcomed by researchers and academics for its contribution to a field that continues to gain significance in the study of comparative law.




Maritime Law in China


Book Description

The Chinese maritime and shipping market has been expanding enormously in recent times as its commercial capacity to perform shipping, ship building, banking and insurance activities grows and the role of the State as guarantor of commerce is gradually reduced. This book provides a detailed guide to current Chinese maritime law, written by an expert team of contributors and systematically covering key areas such as carriage of goods by sea, international trade, vessels and seafarers and maritime liabilities. The authors explore cutting-edge issues within each topic, and analyse current trends in law reform. The book will be of interest to academics researching commercial and maritime law, as well as maritime law practitioners and shipping industry professionals working with aspects of Chinese maritime practice.




Chinese Labour Law


Book Description

This book provides an overall understanding of Chinese labour law and covers many important issues related to the application of Chinese labour law. Particularly, the book explains the difficult points in Chinese labour law from the perspective of juridical practice. Many typical cases are selected to illustrate the important issues in Chinese labour law. These cases are from the courts in the developed areas in China, where foreign-funded enterprises gather. Also, the book addresses the implications of the Civil Code on the labour law. The latest developments are reflected in the book, which include guidelines related to labour dispute case hearing formulated by the Higher Courts in many provinces, and the guiding cases released by the Supreme Court. Such developments are the reflections of fragmented judicial application of Chinese labour law.




Maritime Law in Motion


Book Description

This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers’ affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.




Sustainability in the Maritime Domain


Book Description

This volume explores options for a sustainable maritime domain, including maritime transportation, such as, Maritime Spatial Planning (MSP), maritime education and training, maritime traffic and advisory systems, maritime security. Other activities in the maritime domain covered in the book include small-scale fisheries and sustainable fisheries, and greening the blue economy. The book aims to provide the building blocks needed for a framework for good ocean governance; a framework that will serve through the next decade and, and hopefully, well beyond the 2030 milepost of the UN Agenda for Sustainable Development. In short, this book brings together the problems of the current world and sustainable solutions that are in the development process and will eventually materialize in the not so distant future. Additionally, the book presents a trans-disciplinary analysis of integral sustainable maritime transportation solutions and crucial issues relevant to good ocean governance that have recently been discussed at different national, regional and international fora, highlighting ongoing work to develop and support governance systems that facilitate industry requirements, and meet the needs of coastal states and indigenous peoples, of researchers, of spatial planners, and of other sectors dependent on the oceans. The book will be of interest to researchers across many disciplines, especially those that are engaged in cross-sectoral research and developments in the maritime transport sector and across the wider maritime domain. To this end, the book covers areas including natural and social sciences, geographical studies, spatial planning, maritime security and gender studies, as they relate to transport and the wider maritime sector. In addition, the book explores frameworks for sustainable ocean governance being developed under the UN’s Agenda for Sustainable Development to 2030. It will also look beyond the 2030 milepost under that Agenda, and will be of use to national and international policymakers and practitioners, government actors at the EU and other regional and national levels and to researchers of ocean governance, sustainability and management, and maritime transport.