Andrew Serdy – författare

In light of the challenges facing the United Nations Convention on the Law of the Sea and its implementing agreements, this Research Handbook explores how issues including climate change, technological developments and increasing geopolitical instability threaten our seas.Contributing authors undertake a comprehensive examination of the foundational regimes outlined in the law of the sea, from traditional rules such as the freedom of navigation on the high seas, to emerging developments such as the issue of unmanned ships. Chapters cover key themes, namely the spatial and substantive limits of maritime zones, the new challenges in navigating the high seas regime, the legal regime for the seabed, emerging issues and litigating the law of the sea. Addressing 19 distinct challenges, both classic and contemporary, this Research Handbook debates whether the existing laws of the sea are still relevant and effective, or whether they require adaptation and revision.A valuable resource for scholars and students interested in the law of the sea, this Research Handbook is of great benefit to those within the fields of international law, international relations and business dependent on the sea and its legal order. Detailing the necessary adjustments and changes in current legal regimes, this Handbook is also an essential read for government officials, counsel members, judges and arbitrators.

Are international fisheries heading away from open access to a global commons towards a regime of property rights? The distributional implications of denying access to newcomers and re-entrants that used the resource in the past are fraught. Should the winners in this process compensate the losers and, if so, how? Regional fisheries management organisations, in whose gift participatory rights increasingly lie, are perceptibly shifting their attention to this approach, which has hitherto been little analysed; this book provides a review of the practice of these bodies and the States that are their members. The recently favoured response of governments, combating 'IUU' - illegal, unregulated and unreported - fishing, is shown to rest on a flawed concept, and the solution might lie less in law than in legal policy: compulsory dispute settlement to moderate their claims and an expansion of the possibilities of trading of quotas to make solving the global overcapacity issue easier.

Are international fisheries heading away from open access to a global commons towards a regime of property rights? The distributional implications of denying access to newcomers and re-entrants that used the resource in the past are fraught. Should the winners in this process compensate the losers and, if so, how? Regional fisheries management organisations, in whose gift participatory rights increasingly lie, are perceptibly shifting their attention to this approach, which has hitherto been little analysed; this book provides a review of the practice of these bodies and the States that are their members. The recently favoured response of governments, combating 'IUU' - illegal, unregulated and unreported - fishing, is shown to rest on a flawed concept, and the solution might lie less in law than in legal policy: compulsory dispute settlement to moderate their claims and an expansion of the possibilities of trading of quotas to make solving the global overcapacity issue easier.

The Rotterdam Rules represent the most comprehensive overhaul of the law of carriage of goods by sea in more than fifty years. To coincide with the signing ceremony, six members of the Institute of Maritime Law have written a detailed commentary on the Rules. The Rotterdam Rules: A Practical Annotation examines the text of the Rules, all ninety-six articles of the new Convention, and compares them to the text of the Hague-Visby Rules, the instrument currently covering most bills of lading. The authors have also examined the judgments in cases decided in the English Courts under the Carriage of Goods by Sea Acts of 1971 and 1992 and have indicated whether these cases would be decided differently under the new Rotterdam Rules.

The Rotterdam Rules represent the most comprehensive overhaul of the law of carriage of goods by sea in more than fifty years. To coincide with the signing ceremony, six members of the Institute of Maritime Law have written a detailed commentary on the Rules. The Rotterdam Rules: A Practical Annotation examines the text of the Rules, all ninety-six articles of the new Convention, and compares them to the text of the Hague-Visby Rules, the instrument currently covering most bills of lading. The authors have also examined the judgments in cases decided in the English Courts under the Carriage of Goods by Sea Acts of 1971 and 1992 and have indicated whether these cases would be decided differently under the new Rotterdam Rules.

In light of the challenges facing the United Nations Convention on the Law of the Sea and its implementing agreements, this Research Handbook explores how issues including climate change, technological developments and increasing geopolitical instability threaten our seas.Contributing authors undertake a comprehensive examination of the foundational regimes outlined in the law of the sea, from traditional rules such as the freedom of navigation on the high seas, to emerging developments such as the issue of unmanned ships. Chapters cover key themes, namely the spatial and substantive limits of maritime zones, the new challenges in navigating the high seas regime, the legal regime for the seabed, emerging issues and litigating the law of the sea. Addressing 19 distinct challenges, both classic and contemporary, this Research Handbook debates whether the existing laws of the sea are still relevant and effective, or whether they require adaptation and revision.A valuable resource for scholars and students interested in the law of the sea, this Research Handbook is of great benefit to those within the fields of international law, international relations and business dependent on the sea and its legal order. Detailing the necessary adjustments and changes in current legal regimes, this Handbook is also an essential read for government officials, counsel members, judges and arbitrators.

In light of the challenges facing the United Nations Convention on the Law of the Sea and its implementing agreements, this Research Handbook explores how issues including climate change, technological developments and increasing geopolitical instability threaten our seas.Contributing authors undertake a comprehensive examination of the foundational regimes outlined in the law of the sea, from traditional rules such as the freedom of navigation on the high seas, to emerging developments such as the issue of unmanned ships. Chapters cover key themes, namely the spatial and substantive limits of maritime zones, the new challenges in navigating the high seas regime, the legal regime for the seabed, emerging issues and litigating the law of the sea. Addressing 19 distinct challenges, both classic and contemporary, this Research Handbook debates whether the existing laws of the sea are still relevant and effective, or whether they require adaptation and revision.A valuable resource for scholars and students interested in the law of the sea, this Research Handbook is of great benefit to those within the fields of international law, international relations and business dependent on the sea and its legal order. Detailing the necessary adjustments and changes in current legal regimes, this Handbook is also an essential read for government officials, counsel members, judges and arbitrators.

The Rotterdam Rules represent the most comprehensive overhaul of the law of carriage of goods by sea in more than fifty years. To coincide with the signing ceremony, six members of the Institute of Maritime Law have written a detailed commentary on the Rules. The Rotterdam Rules: A Practical Annotation examines the text of the Rules, all ninety-six articles of the new Convention, and compares them to the text of the Hague-Visby Rules, the instrument currently covering most bills of lading. The authors have also examined the judgments in cases decided in the English Courts under the Carriage of Goods by Sea Acts of 1971 and 1992 and have indicated whether these cases would be decided differently under the new Rotterdam Rules.

In 2000, the case brought by Australia and New Zealand against Japan's unilateral experimental fishing programme for southern bluefin tuna controversially failed to reach the merits for lack of the arbitral tribunal’s jurisdiction. It was widely supposed that it would ultimately have failed anyway because of international courts’ reluctance to consider scientific matters, the dispute's underlying cause being the parties' scientific disagreements regarding both the tuna stock itself and the nature and risks of the experiment. In 2014, however, the ICJ decided in Australia's favour the case against Japan's scientific whaling, based on flaws in the design of that experiment. Reviewing the tuna experiment's evolving design, the propositions it was to (dis)prove and the use Japan intended for that proof, Andrew Serdy suggests that similar factors were at play in both disputes and that a similar outcome of the tuna case, though not inevitable, would have been amply justified.