The Regulation of International Shipping: International and Comparative Perspectives

Essays in Honor of Edgar Gold

“Marine transport, and the law and policy within which it operates, must be seen as very similar to other international undertakings operating on a transnational scale.” These concluding words in Edgar Gold’s Maritime Transport (Lexington, 1981) aptly capture the past, present and future of the regulation of international shipping. The Regulation of International Shipping: International and Comparative Perspectives in Honor of Edgar Gold pays tribute to a mariner, legal practitioner and university teacher with a unique understanding of shipping and maritime trade.

With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute examine the public law and policy framework for international navigation, the complex relationship between shipping and the marine environment, the imperative of better protection of seafarers, and ultimately, responsible ocean use. This book includes biographical and bibliographic notes on Edgar Gold.
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Biographical Note

Aldo Chircop, JSD, is professor of law and director of the Marine & Environmental Law Institute, Dalhousie University, Canada. He is co-author of Maritime Law (Irwin Law, 2003) and Places of Refuge for Ships: Emerging Environmental Concerns of a Maritime Custom (Nijhoff, 2006).

Norman Letalik, LL.M. (1980) Dalhousie University, is a Partner and Managing Director, Professional Excellence at Borden Ladner Gervais LLP, Canada's largest law firm. He has authored more than 50 publications on many legal topics, including law of the sea and shipping law.

Ted L. McDorman is a Professor in the Law Faculty of the University of Victoria. He is the editor-in-chief of Ocean Development and International Law and the author of Salt Water Neighbors: International Ocean Law Relations between the United States and Canada (Oxford University Press, 2009).

Susan J. Rolston, MA, is Principal, Seawinds Consulting Services, and an Associate, Marine & Environmental Law Institute, Dalhousie University. She is a co-editor of The Future of Ocean Regime-Building: Essays in Tribute to Douglas M. Johnston (Martinus Nijhoff, 2009).

Table of contents


Foreword

Sir Graham Day

Co-editors’ Preface

Biographical Note on Edgar Gold


Introduction

Aldo Chircop, Norman Letalik, Ted L. McDorman, and Susan J. Rolston


Law of the Sea and Ocean Governance

Tommy Koh
Straits Used for International Navigation: Some Recent Developments

Carlyle L. Mitchell
Law, Economics and Politics: Trinidad and Tobago/Grenada Maritime Boundary Delimitation

A. William Moreira
Regulation of High Seas Fisheries in the Northwest Atlantic, 1976–2010

L. Dolliver Nelson
The Reasonable Bond: Some Brief Remarks

Robert C. Beckman
Do We Need a New Convention on Piracy and Armed Robbery Against Ships?

Aref Fakhry
Piracy Across Maritime Law: Is There a Problem of Definition?


Governance in the Arctic Ocean

Brian Flemming
A Commentary on the Great Arctic Melt and Its Potential Impact on Global Shipping Patterns

R. Douglas Brubaker with Claes Lykke Ragner
Russia’s Northern Sea Route—Much to Do

Kenneth A. MacInnis
The Polluter Pays Principle: Preventing Ship-source Oil Pollution in the Arctic

David L. VanderZwaag and Vu Hai Dang
Regional Cooperation in the South China Sea and the Arctic: Lessons to Be Learned?

Shipping and International Maritime Law

Alfred Popp
The Treaty-Making Work of the Legal Committee of the International Maritime Organization

Eric Machum and Frank Metcalf
Will Insurance Cover That? A Review of the Challenges Faced by Coastal States Seeking to Recover the Cost for Removal of Wrecks under the Nairobi Wreck Removal Convention

Sherry P. Broder and Jon M. Van Dyke
The Urgency of Reducing Air Pollution from Global Shipping

Mary R. Brooks
Maritime Cabotage: International Market Issues in the Liberalization of Domestic Shipping

Kjetil Eivindstad and Christopher Petrie
Safer Ships and Cleaner Seas: The Insurer’s Role

Proshanto K. Mukherjee
Economic Losses and Environmental Damage in the Law of Ship-Source Pollution

Vincent Cogliati-Bantz, Sarah Derrington, Craig Forrest, Nick Gaskell, and Michael White
Marine Oil and Gas Pollution Spills in Australian Waters

Moira L. McConnell
Forging or Foregoing ‘the Genuine Link’? A Reflection on the Maritime Labour Convention, 2006 and Other Approaches


Seafaring and Maritime Labour Law

Alastair Couper
Perceptions and Attitudes of Seafarers Towards Maritime Regulations: An Historical Perspective

Sarah M. Kirby
The Continuing Criminalization of Seafarers: Where to Go From Here?

Nien-Tsu Alfred Hu
Seafarers’ Welfare Development in Southeast Asia: A Commentary

Angus McDonald
Reflections on a Changing Industry and the Seafaring Profession

Arthur J. Hanson
Future Sea Captains: Environmentally Responsible Global Citizens


Canadian Maritime Law

Ted L. McDorman
Canada’s Vessel Traffic Management Regime: An Overview in the Context of International Law

Norman Letalik
Forum Shopping Comes to Canada: The Recognition of Foreign Maritime Liens

Aldo Chircop
The Continuing Evolution of Maritime Law Jurisdiction in Canada

Wylie Spicer
‘Change My Way of Thinking’: Canadian Maritime Law and the Supreme Court of Canada, The Edgar Gold Years

Selected Publications of Edgar Gold

Index

Readership

Practitioners, scholars and students of international and comparative marine law and policy, international and Arctic shipping, and maritime and admiralty law, and university, law firm and research center libraries.

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