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Canadian Maritime Law 2/e

Canadian Maritime Law is the leading scholarly text and reference work on maritime law in Canada. It covers the full scope of admiralty, shipping, and navigation issues in the Canadian and international contexts. Since the first edition, maritime law as legislated, judicially developed, and practised in Canada has evolved substantially. Four editors led a team of twenty-eight scholars, practitioners, and other field specialists from across Canada to produce a comprehensive text accompanied by extensive lists of legislation, international treaties, and cases, along with a detailed index.
For students and practitioners new to the field, the text uses plain language and defines all technical legal and shipping terms. For experienced legal and other practitioners, it affords the means to analyze maritime issues according to Canadian law, with due notice of its divergence from US and UK law and practice.
This text provides insights into the Canadian perspectives, content, experience, and practice in this field and will appeal to legal practitioners, government officials, academics, students, and all others engaged with the regulation of all types of navigation and shipping. Practitioners and scholars in other countries interested in international and comparative maritime law will also benefit from this fully updated work.

Contributors

Aldo Chircop

Edgar Gold, CM, AM, QC, PhD, DSc (hc), FNI, had a first career at sea for sixteen years and was in command of a variety of ships for several years. He then studied law and holds an LLB from Dalhousie University, Halifax, and a PhD in international maritime law from the University of Wales in Cardiff. He was professor of maritime law at Dalhousie for many years, and also practised with a prominent Halifax law firm. He is a past president of the Canadian Maritime Law Association and a titulary member of the Comité Maritime International. He is a former member of the Board of Governors and visiting professor at the World Maritime University, Malmö, Sweden, and the International Maritime Law Institute in Malta. Until 2012 he was an adjunct professor at the TC Beirne School of Law, University of Queensland, Brisbane, Australia, where he now lives. He has extensively published, lectured and advised governments on maritime law and related fields. Among other honours, he has been awarded the Order of Canada, the Order of Australia, Germany’s Commander’s Cross of the Order of Merit, and honorary degrees from the Canadian Coast Guard College and the World Maritime University.

A. William Moreira

Aldo Chircop, JSD, is professor of law and Canada Research Chair (Tier I) in Maritime Law and Policy, Schulich School of Law, Dalhousie University, Halifax. He was Chair in Marine Environment Protection at the World Maritime University in Malmö, Sweden, and held directorships of the Marine Affairs Program and Marine & Environmental Law Institute at Dalhousie University, and the International Ocean Institute and the Mediterranean Institute in Malta. Professor Chircop’s teaching and research interests are in the fields of Canadian and international maritime law, international law of the sea, regulation of Arctic shipping, and comparative coastal and ocean law and policy. He is a member of the Nova Scotia Barristers’ Society and the Canadian Maritime Law Association, and chairs the International Working Group on Polar Shipping of the Comité Maritime International. Professor Chircop’s extensive book and refereed publication record includes the first edition of Maritime Law (Irwin Law, 2003; co-authored with Gold and Kindred); Places of Refuge for Ships: Emerging Environmental Concerns of a Maritime Custom (Martinus Nijhoff, 2006; edited with Linden); and The International Regulation of Shipping: Essays in Honour of Edgar Gold (Martinus Nijhoff, 2012; co-edited with McDorman, Letalik, and Rolston). He is also co-editor of the Ocean Yearbook (Brill/Nijhoff).

Hugh Kindred

Hugh Kindred is a professor of law emeritus at Schulich School of Law, Dalhousie University, Halifax, where he taught international law, commercial and consumer law, and maritime transport law. His publications in the maritime area include Marine Cargo Delays (Informa, 1990, with Ganado), Multimodal Transport Rules (Springer, 1997, with Brooks), the first edition of Maritime Law (Irwin Law, 2003, with Chircop and Gold), which was co-winner of the Walter Owen Book Prize 2005, and Law Beyond Borders: Extraterritorial Jurisdiction in an Age of Globalization (Irwin Law, 2014, with Coughlin, Currie, and Scassa). He is also a co-author and general editor of multiple editions of International Law Chiefly as Interpreted and Applied in Canada, including the eighth edition (Emond, 2014). Professor Kindred was senior legal officer in the Shipping Division of the United Nations Conference on Trade and Development, and assisted Transport Canada in the preparation of the Canadian Carriage of Goods by Water Act 1993. He holds law degrees from the Universities of Bristol, London, and Illinois, and is a member of the bars of Nova Scotia and England. In 2003 he was honoured by the Canadian Association of Law Teachers with its Award of Academic Excellence.

Chapter Title Abstract Contributors Pages Year Price

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Overview of the nature, function and scope of maritime law. 9 $0.90

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Overview of the shipping industry, particularly as it relates to maritime law and regulation at the national, regional and international levels, with an introduction to ships and their equipment … 61 $6.10

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Examination of the regime of international law, regional controls, national regulatory systems, and industry requirements designed to protect ships, those who sail on them, and the marine … ; ; ; 60 $6.00

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Examination of administration, management, jurisdiction and enforcement of the law regarding ports and harbours. 27 $2.70

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Examination of the factual, policy, and legislative elements affecting the evolution of jurisdictional issues in maritime law. ; 53 $5.30

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Examination of elements of procedure specific to litigation arising under substantive maritime law and, more particularly, to claims asserted in rem in the Federal Court and in the Supreme Court … 64 $6.40

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Outline of steps involved in the construction, registration, mortgage and sale of a ship, including what qualifies as a ship, plus issues involved in ship repair. ; 57 $5.70

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Examination of the nature of maritime mortgages, including their historical development, their form, and the statutory requirements for registration, plus other means of taking a security … 28 $2.80

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Examination of the various rules and practices governing the law relating to maritime liens. 33 $3.30

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Examination of marine insurance, including its history, basic doctrines, particular considerations, features and types, and the general form of the insurance policy. ; 67 $6.70

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Overview of the international regulatory system and Canadian legislation involving issues of seafarers’ claims regarding employment terms and labour standards. 44 $4.40

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Examination of the kinds of charterparties, their typical clauses, and how they have been interpreted and applied against the background of the fundamental obligations of the carrier and cargo … 59 $5.90

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Examination of issues arising from the carriage of goods using bills of lading, waybills, and combined transport documents. 94 $9.40

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Examination of passenger liability regimes for carriage within Canada and internationally. ; 29 $2.90

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Examination of the maritime principle about sharing loss among the parties interested in a marine adventure in which the loss is incurred by an extraordinary sacrifice intentionally and … ; 43 $4.30

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Examination of the issues arising from the necessity of ensuring safe navigation of vessels through Canadian waters by the application of local, rather than international, rules for maritime traffic. 19 $1.90

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Examination of issues arising from contracts to use one vessel to supply power to, or to expedite the movement of, another vessel. 31 $3.10

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Discussion of issues and legal questions surrounding provision of services to ships in need of assistance because of some unforeseen incident threatening the safety of the ship, cargo and persons … 45 $4.50

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Examination of the law governing collision liability. 40 $4.00

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Examination of efforts to control pollution from ships, both operational pollution and pollution arising from accidental, deliberate or negligent acts. 68 $6.80

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Examination of the regime for compensation from vessel-source pollution damage, including oil, hazardous and noxious substances, and nuclear materials. 27 $2.70

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Examination of rules allowing the shipowner and others to limit their liability for loss or damage for their negligence. 32 $3.20

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Examination of issues arising from the recognition that the Arctic is a special region deserving of particular regulation and arrangements for maritime safety and marine environmental protection … 33 $3.30

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Examination of international law and federal and provincial legislation applicable to issues relating to fishing activities and vessels. ; 41 $4.10

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Examination of issues arising from personal injury and death resulting from recreational boating accidents and in non-commercial vessel operations in a Canadian maritime law context. 23 $2.30

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Examination of issues arising from offshore oil and gas exploration and production in the context of Canadian and international maritime law. ; ; 49 $4.90

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List of acronyms and abbreviations relating to maritime law. 8 $0.80