Results 21 to 30 of about 1,436 (143)
The Defence of Public Necessity
This article challenges the idea that public necessity must be a complete defence to trespass liability. It identifies and distinguishes three distinct categories of public necessity: two afford justifications for interfering with person or property, whereas the third is better understood as an excuse.
Samuel Beswick
wiley +1 more source
ABSTRACT Illegal, unreported and unregulated (IUU) fishing has been internationally branded as a major threat to oceans. Frequently depicted as having profound societal impacts and operational synergies with other forms of criminal activities, which justify the need for a so‐called global fight against IUU fishing to protect the marine commons and ...
Paula Satizábal +3 more
wiley +1 more source
A Tale of Too Many Doctrines: Supervening Impossibility and the Sale of Goods
Contracts for the sale of goods contain three default rules addressing the problem of supervening impossibility: sections 7 and 20 of the Sale of Goods Act 1979 and the doctrine of frustration. This article uses a legal historical method to examine why this is the case and what the relationship between these rules is.
Chathuni Jayathilaka
wiley +1 more source
The Ethics of Belief Debate and the Norm of Teaching
Abstract The debate about the ethics of belief is a classic and it has given rise to wide‐ranging debates in epistemology, the philosophy of language, the philosophy of mind, as well as in ethics. In epistemology, the question is what the norms of belief are — should one believe what is true, what is well‐evidenced, what is pragmatic or what?
Ben Kotzee
wiley +1 more source
Continuing Conflict between United States and English Admiralty Law on Limitation of Liability: Whose Privity Binds the Corporate Shipowner [PDF]
Part I of this Note examines the difference in respective emphasis placed by United States and English admiralty law upon responsibility of a corporate employee and the employee’s position in the corporate hierarchy in determining the employer’s right to
Violino, Richard J.
core +1 more source
The geoeconomics of protecting profits from migrants in maritime distress
Abstract Commercial vessels play a significant role in rescuing migrants on the Mediterranean. There are physical and financial risks to performing these commercial rescues that are poorly understood and often ignored. For ship captains, migrants in maritime distress embody the close linkages between geoeconomic and geopolitical risk.
Terence Adam Rudolph
wiley +1 more source
Pravni učinci primjene ISM kodeksa na ograničenje odgovornosti brodara
Opisuju se i analiziraju pravne značajke ISM kodeksa kao konvencijskih međunarodnih pravila o standardu za sigurno upravljanje i vođenje broda i sprječavanje onečišćenja morskog okoliša.
Drago Pavić
doaj
Canadian cross‐border insolvency law and the triumph of “modified universalism”: A retrospective
Abstract “This article examines the implementation of the Model Law on Cross‐Border Insolvency in Canada and the evolution of the concept of “modified universalism”. In particular, the article argues that Canadian courts have developed an expansive view of modified universalism, based upon a liberal and purposive interpretive approach, that prioritizes
Alfonso Nocilla
wiley +1 more source
Between forests and coasts: Fishworkers on the move in India
Abstract The Covid‐19 lockdown in India in March 2020 revealed the presence of Adivasi communities in the marine fishing industry of Goa, a coastal state in India. While the migration for work of Adivasi communities from the central regions of the country is well recorded, their movement across geographies of the forest and the coast is relatively ...
Siddharth Chakravarty, Ishita Sharma
wiley +1 more source
Market or clan: A comparative study of risk sharing institutional evolution in China and Europe
Abstract In the psychological and sociological framework of risk, we establish a static and dynamic equilibrium model for risk‐sharing institutional evolution. Particularly, through a comparative study of marine insurance development in China and Europe, we address a wide set of research questions concerning why China and Europe relied on different ...
Wenge Zhu
wiley +1 more source

