Cartner on the International Law of the Shipmaster
On The New Command at Sea
Samenvatting
This unique book rethinks and rewrites the previous edition. It categorises simply the nine interactive legal duties of the shipmaster, analysing and relating them to laws and conventions within a single volume.
Cartner on the International Law of the Shipmaster contends that command depends on decision-making, and that shipmasters are not provided sufficient, timely, relevant, and pertinent information for command decisions. The book proposes voyage planning follow the spacecraft model of the USA's National Aeronautics and Space Administration, providing readers with a metric for command. It constructively criticises the conventions and management and is aimed at reducing catastrophes by focusing on the hitherto elusive human factor in the shipmaster. Cartner proposes that command at sea be its own profession and discipline with those called to it specifically trained in its intricacies; he argues that current ships are not designed to be command-worthy or security-worthy and that management should reorder its relationships with shipmasters as tactical managers afloat. The insights the book provides are an invaluable aid to decision making for the modern civil commander and anyone association with this pivotal and essential profession.
This book is a necessary reference and guide for shipmasters, technologists, naval architects, regulators, underwriters, students, practitioners and courts of maritime law and command worldwide.
Specificaties
Inhoudsopgave
Part 1: Shipping and Navies
Part 2: Definition of Civil Command at Sea
Part 3: The Maritime Venture
Part 4: Seven Pillars of Wisdom
Part 5: The Nine Duties of the Civil Commander
Part 6: From Whence the Civil Commander Came
Part 7: Modern Laws and the Licensee and Appointee
Part 8: Technologically-Driven Revolution in Shipping
Part 9: The TITANIC
Part 10: The Last Century?
Part 11: Hang [Him or Her] from a Sour Apple Tree!
Chapter 1 : The Duty of Self:Toward the Compleat Civil Commander at Sea
Part 1: The Duty of Self and of Self-Competence
Part 2: The Fit and Informed Self-Competent Civil Commander
Part 3: Civil Commander Resilience
Part 4: The Civil Commander Manager
Part 5: Lead, Follow or Get Out of the Way
Part 6: The Progression To Command
Part 7: Three Existential Identities
Part 8: Death, Be Not Proud
Part 9: The Legal Duties of Self to the Offices Held and to Others
Chapter 2: THE DUTY TO PUBLIC AUTHORITY: The Regulatory Regime of Command at Sea
Part 1: How the world is organised
Part 2: Registry States
Part 3: Coastal States
Part 4: Port States
Part 5: The Natal state
Part 6: Interdiction
Chapter 3: THE DUTY TO PRIVATE AUTHORITY: The Private Tactical Mission in Command at Sea
Part 1: Agencies of the Shipmaster
Part 2: The Owner
Part 3: The Shipmaster and His or Her Agency
Part 4: The Shipmaster’s Agency Contract
Part 5: Acts within the Scope of Authority.
Part 6: Torts of the Shipmaster
Part 7: Limitation of the civil commander's liability
Part 8: The Seven R’s: (1) Repudiation (and Nullification), (2) Rescission (pleaded and Cancellation), (3) Renunciation, (4) Release, (5) Ratification (And Acquiescence and Waiver) and (6) Retroactiveness
Chapter 4: THE DUTY TO THE VESSEL: The Command-worthy Vessel and Commander at Sea
Part 1: Seaworthiness
Part 2: The Conventions as to Vessels.
Part 3: Solas 78 as to the duty of the Vessel
Part 4: Security of the vessel
Chapter 5: THE DUTY TO CARGO: The Duty Safely to Carry and Contain
Part 1. Observing and Measuring Cargo
Part 2: The Bill of Lading
Part 3: SOLAS 78 Chapter VI
Part 4: SOLAS 78 Chapter VII– Carriage of Dangerous Goods
Part 5: Charterparties
CHAPTER 6: DUTY TO LIFE
Part 1: The MSC 2006
Part 2: MLC 2006 Title 1: Minimum Requirements for Seafarers
Part 3: MSCL, 2006 Title 2: Conditions of Employment
Part 4: MLC 2006 Title 3: Accommodations, Recreational Facilities, Catering
Part 5: MLC 2006 Title 4: Health Protection, Medical Care, Welfare, Social Security
Part 6: MLC 2006 Title 5: Compliance and Enforcement
Part 7: Other Lives
Part 8: The STCW 95 as Amm. 2010
Part 9: Unsafe, Dangerous and Enclosed Spaces
Chapter 7: Duty to the Voyage: The Voyage is the Mission
Part 1: SOLAS 78
Part 2: Radiocommunications
Part 3: STCW and the New Civil Commander
Part 4: International Code for Ships Operating in Polar Waters (the Polar Code)
Part 5: The Mission Must Continue: Deliver the Goods
Chapter 8: Duty to the Environments: Air and Ocean, Inside and Out
Part 1: Fire and the Internal Environment
Part 2: The External Environment and MARPOL 73/78
Chapter. 9: Epilogue: The Duty to Information and the Steps to Change
Part 1: The Civil Commander
Part 2: Vessels and Command
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