MARITIME LAW CHRISTOPER HILLPDF电子书下载

INTRODUCTION 1

1 OWNERSHIP AND REGISTRATION 3

Ownership 3

Co-ownership 4

Ship's Husband 5

Who can own a British ship? 6

Registered ownership 9

Flags of convenience 9

Requirements to satisfy Panamanian law 13

Requirements to satisfy Liberian law 13

Transmission of ownership 14

Circumstances in which a sale may be ordered by the court 15

Registration 15

Definitions of statutory expressions 16

'Ship' 16

'Harbour' 16

'Tidal water' 16

Definition of 'British ship' 16

Failure to register a British ship 16

Vessels exempt from the obligation to register 17

Definition of'government ships' 17

Small Ships Register 17

Port of registry 18

The registrar 18

Declaration of ownership 19

Marking requirements 19

Name of the vessel 19

Official number and tonnage 19

The ship's draught 20

Naming of the vessel 20

Change of ownership 21

The certificate of registry 21

Closing of registry 22

2 SHIP MORTGAGES 23

Mortgage of ship at common law 24

Modern form of statutory mortgage 24

How may an equitable mortgage be effected? 25

Registration of statutory mortgages 25

Legal mortgage of a registered ship (or share) 26

The vital significance of registration 26

Priorities 26

What is a collateral deed? 27

Transfer of a registered mortgage 28

What is transferred under the mortgage? 28

Fishing nets on trawlers 28

What happens when a mortgage is discharged? 29

What are the rights of the mortgagor? 29

Insurance 29

Power of a mortgagor to sell the ship 30

To what extent has the mortgagor the right to redeem? 31

What are the rights of the mortgagee? 32

Default in mortgage repayments 32

Endangering the security 32

The mortgagee in possession 35

The right of a mortgagee to foreclose on the mortgage 35

Power of sale of a mortgagee 36

Improper exercise of a mortgagee's powers 38

What is a certificate of mortgage? 39

Contents of certificate 39

Appendix 1-Mortgage (Individuals or Joint Owners) 42

Appendix 2-Mortgage (Body Corporate) 44

3 SALE OF SHIP AND SHIPBUILDING CONTRACTS 46

Sale of ship 46

What is a sale? 47

Representations 49

Innocent misrepresentations 49

Economic loss 50

Fraudulent misrepresentations 53

Breaches of contract treated as either conditions or warranties 54

What is a condition? 54

What is a warranty? 54

Implied conditions and warranties 55

Express conditions 56

Contract term implied by court to give 'business efficacy' 57

The ability of a seller to exclude his liability 58

What is a consumer sale? 59

What is an international sale? 59

When does property pass? 61

What are the seller's duties? 62

What are the buyer's duties? 62

What are the seller's remedies? 62

What are the buyer's remedies? 63

What is the position when the ship is under charter at time of sale? 65

Shipbuilding contracts 72

Formation of contract 73

Duties of a builder 75

Doctrine of frustration 75

Passing of risk 75

Destruction of ship being built 75

What are the builder's remedies? 76

What are the buyer's remedies? 78

Appendix 1-Bill of Sale (Individuals or Joint Owners) 84

Appendix 2-Bill of Sale (Body Corporate) 86

Appendix 3-Memorandum of Agreement (Norwegian Saleform) 88

4 JURISDICTION 93

Supreme Court Act 1981 103

What is a maritime hen? 107

'Other charge' 111

'Alternative ship arrest' 111

'Ship repairer's lien' 115

Meaning of 'beneficially owning' 115

Arrest of ship 115

Wrongful arrest 127

Immunity of State-owned vessels 127

Sovereign immunity 127

5 COLLISIONS 135

International regulations for the prevention of collisions at sea 141

Causative potency 155

The 'last opportunity' rule 156

Presumption of fault 158

The 1910 Collision Convention and the Maritime Conventions Act 1911 158

Loss of life/personal injury claims 160

The concept of contribution between joint tortfeasors 161

Multiple collision situations 162

Elder Brethren and nautical assessors 164

Limitation period 165

Brief summary of procedure 165

'Tug and tow' situations 166

The divided damages rule 168

Division of loss 168

(1) Collision involving damage to ship only 168

(2) Collision involving ship and cargo damage only 169

(3) Collision involving ship and cargo damage and loss of life and personal injury to crew 169

Differences of United States law 170

Measure of damages after collision 171

Measure of damages where ship is damaged but not lost 173

Ascertaining the remoteness of damage 175

6 SALVAGE 182

(a) Maritime property 183

Life salvage 183

(b) Voluntariness 184

Instances where the crew of a ship in distress can claim salvage 185

The position of a passenger claiming as salvor 187

(c) Realdanger 187

(d) The salvage service must be successful if only partially 189

Lloyd's form of salvage agreement 190

Application of the Unfair Contract Terms Act 1977 to contracts of marine salvage 194

When does towage become salvage? 195

When may a charterer be entitled to claim salvage? 197

Apportionment as between owners, Master and crew of salving vessel 197

The Maritime Conventions Act 1911 200

The York/Antwerp Rules 1974 200

Apportionment amongst various sets of salvors or salving ships 200

Wrongful dispossession of earlier salvors by later salvors 201

Possessory rights of a salvor 203

Who contributes to a salvage award? 203

How are values assessed? 204

Ships 204

Cargo 205

Freight at risk 205

To what extent may a salvor be held legally responsible for the consequences of his negligence? 206

A salvor's ability to limit liability 208

What happens if and when a wrongdoer 'turns salvor'? 209

Circuity of action in the context of salvage actions 210

Vessels belonging to the Crown 211

What factors are taken into consideration by a tribunal when assessing a fair and reasonable award in any given set of circumstances? 212

Fire 212

An example of how a potential salvor cannot be classed as such 213

Appendix-Lloyd's Standard Form of Salvage Agreement (1980 revision) 216

7 TOWAGE 222

Tug-owner's right to limit liability 229

Appendix-United Kingdom Standard Conditions for Towage and Other Services (revised 1983) 232

8 LIMITATION OF LIABILITY 236

The limitation fund 250

Application of limitation after maritime collision between two vessels at fault 253

Tug and tow situations 254

The Convention on Limitation of Liability for Maritime Claims 1976 256

Constitution and distribution of limitation fund under the 1976 Convention 258

Exclusion of Lability 260

Time limitations 262

The Maritime Conventions Act 1911 262

Other statutes 263

The equitable doctrine of laches 264

9 OIL POLLUTION 265

Trespass 266

Public nuisance 267

Private nuisance 267

Civil liability based on international Convention 268

International Convention on Civil Liability for Oil Pollution 1969 273

The Oil Pollution (Compulsory Insurance) Regulations 1977 282

International Convention on the Establishment of an International Fund for Compensation 1971 285

Tovalop and Cristal 296

Offshore installations potentially more dangerous than oil-laden tankers? 301

Can complete uniformity and reciprocity ever be truly achieved? 301

British preventive legislation 301

Repeal of selected sections of the 1971 Prevention of Pollution Act 305

Penalties 307

Appendix 1-Ratifying countries of the Civil Liability Convention 1969 310

Appendix 2-Ratifying countries of the 1971 Fund Convention 312

10 SEAFARERS AND THE SHIP'S MASTER 313

The contract of employment 313

Crew lists 315

Seamen's documents 315

The Merchant Navy Establishment Administration (MNEA) 315

Rights and duties of the seaman 316

Wages 317

Payment of wages 319

Allotment of wages 319

Claims against a seaman's wages 320

Certificates of competency and manning 320

Other specialists' positions 320

Other ranks 321

Safe manning scales 321

The employment of aliens in United Kingdom-registered ships 322

Welfare, safety and accommodation 322

Health 323

Repatriation 323

Deceased seamen 324

Industrial disputes 324

Discipline 325

Disciplinary procedures for the Merchant Navy 326

Stowaways; unauthorized presence on board ship 328

Unfair dismissal 328

Liability for injury 329

The role of the ship's Master 331

11 PASSENGERS 336

12 PILOTAGE 344

What is a pilot? 345

The doctrine of common employment 347

What is compulsory pilotage? 349

Defence of compulsory pilotage 351

Geographical application of Pilotage Act 352

Obligations under the compulsory pilotage provisions 352

What constitutes an offer of pilotage services? 354

Limitation of a pilot's liability 354

A pilot authority's right to limit 355

Comparison with Washington State pilotage law 357

13 HARBOURS AND DOCKS 358

Liability of harbour and port authorities to shipowners 362

Liability of shipowners for damage to harbour, docks, etc 367

Wreck removal 370

INDEX 377