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Marine Cargo Claims, 4th ed., 2008

Marine Cargo Claims 4 Ed. (MCC, 4 Ed., 2008) has now appeared on the maritime law scene, twenty years after the publication in 1988 of the third edition (MCC, 3 Ed., 1988). The whole context and content of international maritime carriage of goods law has changed in those twenty years. In particular:

  • Marine Cargo Claims (MCC, 4 Ed., 2008) has gone from 1305 pages in one volume (in the 3rd Ed., 1988) to 3288 pages in two volumes in the 4th Ed., 2008 (MCC, 4 Ed., 2008).
  • MCC, 4 Ed., 2008 reviews the major principles and rules applied historically and today by the common law and the civil law to carriage of goods by sea, providing a detailed summary of those fundamental concepts.
  • MCC, 4 Ed., 2008 examines and compares cargo liability before loading, during carriage, and after discharge as seen in the Hague Rules (1924), the Hague/Visby Rules (1968/1979), the Hamburg Rules (1978), and the Multimodal Convention (1980).
  • MCC, 4 Ed., 2008 presents basic civil law, common law and maritime law principles as applied to marine cargo claims especially in the United Kingdom, the United States, France and Canada, with copious references as well to the laws of other jurisdictions, including through carriage, combined carriage and transhipment.
  • MCC, 4 Ed., 2008 examines and refers to past and recent case-law and writings of many of the world’s most influential authors on maritime transport law, as well as to much significant national legislation.
  • MCC, 4 Ed., 2008 not only contains the new maritime and trade law of carriage of goods by sea (including responsibility before loading and after discharge), but also presents 190 pages of summaries of the law of 48 countries written by legal experts from those countries.
  • MCC, 4 Ed., 2008 has more than twice as many pages than Marine Cargo Claims, 3 Ed., 1988.
  • Conclusion: Readers of MCC, 4 Ed., 2008 will benefit immensely from this greatly expanded new edition of Marine Cargo Claims.

The three main challenges

The three main challenges facing the author were 1) researching, 2) understanding, and then 3) presenting the new legislation and case law of the past twenty years in order to bring the text up-to-date.

The audience

It is clear that the law is increasingly complicated, so that practitioners have often become specialists today in one branch of maritime law, rather than the whole field. MCC, 4 Ed., 2008 will be of great benefit to those specialists as well as to the general practitioner.

Tetley’s website www.mcgill.ca/maritimelaw

The audience for MCC, 4 Ed., 2008 has expanded significantly in twenty years and is reflected in Tetley’s website www.mcgill.ca/maritimelaw which receives daily visitors from 90 countries in Europe, Asia, Africa, Australia and North and South America. The website refers constantly to MCC, 4 Ed., 2008 so that the text and website work hand-in-hand.

The Future – the UNCITRAL Draft Convention

The UNCITRAL Draft Convention on the Carriage of Goods [Wholly or Partly] [By Sea] (UNCITRAL Draft Convention) is being prepared by the UNCITRAL’s Working Group III (Transport Law). The Draft Convention aims to join various components of international carriage of goods by land and sea including multimodal carriage, negotiability, electronic commerce, freight, liens, right of control, transport documents, liability, delivery, on-carriage ashore etc. etc. into one international convention (the UNCITRAL Draft Convention). The UNCITRAL Draft Convention is a valiant effort, but it is deemed by some persons to be exceedingly complicated and therefore difficult to understand and put into effect by many carriers and practitioners. The final text of the UNCITRAL Convention will be signed at the end of 2008 and will be included in Volume 3 of Marine Cargo Claims 4 Ed., which volume is expected to be published in one year’s time, i.e. on April 30, 2009, with detailed commentaries by William Tetley and by leading interested groups and authors from around the world.

The October Crisis, 1970: An Insider's View, 2006

In this in-depth study, Prof. Tetley takes a fresh look at the October Crisis of 1970 in Quebec, in the light of new materials that have become available in the last few years, referring to a wide variety of published and previously unpublished sources, including the diary which he kept at the time as Minister of Financial Institutions, Companies and Cooperatives in the Cabinet of Quebec Premier Robert Bourassa. He explodes certain myths which have grown up around the Crisis as a result of historical "revisionism" over the last thirty-six years, analyzes how Canadian federalism worked during these difficult days and discusses the long-term significance of the Crisis for both Quebec and Canada and its place in the continuing saga of French Canadian nationalism.

International Maritime and Admiralty Law, 2003, is like no other maritime law text. It is a commentary on not merely the great international maritime law conventions but also the laws and reported cases of the United States, the United Kingdom, France and Canada and with references to the Scandinavian, Continental Europe and Chinese maritime codes and the laws of many other countries. It is a compilation of Tetley's 50 years of experience in maritime or admiralty law as a practitioner, legislator, professor and author.

This unique 1200 page reference text reports on and analyses the law of carriage of goods, charterparties, towage, collision, limitation, salvage, G.A., jurisdiction, pollution, liens and mortgages, passengers, personal injury, marine insurance and law of the sea.

This unique reference book courageously offers analysis, synthesis and critical statements on the differences, advantages and disadvantages of the different law systems studied. It covers both civil law and common law traditions and is a genuine comparative law text, unlike any other.

Please click here, for reviews of Tetley's book: International Maritime and Admiralty Law.

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The first edition of Professor Tetley's Maritime Liens and Claims, 1985, was a comprehensive and comparative analysis of American, British, Canadian and French law of maritime liens. This work has now been released in its second edition, 1998. This second edition is an updated and completely rewritten version. The new edition continues Professor Tetley's unique approach to maritime liens and claims of comparing and contrasting four different systems of law- the United States, the United Kingdom, Canada and France - and also provides a complete comparison of civilian and common law approaches to the subject.

This edition contains an indexing system consisting of four indices (word, case, statute and international convention) which provides readers with easy and quick access to the relevant portions of the text. This edition also contains lien summaries written by respected admiralty attorneys from thirty-five major shipping nations. These summaries outline, for each country, the major principles of law applied, the liens recognized and the order in which each jurisdiction ranks them, the enforceability of ship mortgages, and the resolution of troublesome conflict of laws issues.

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International Conflict of Laws, 1994, is the first book of its kind to be truly international. It draws on the laws of the United States, the United Kingdom, France and Canada and has a considerable number of references to the laws of Australia and of the European Union. In addition, the book deals with both common law and civil law in every chapter. The text is written in a readable style for the expert and the layman, the lawyer and the businessman, as well as the professor and student alike. Professor Tetley has drawn on maritime law as his principle source material and this book is, for this reason, invaluable to the maritime law practitioner with a conflicts problem. Nevertheless, the book has general chapters applicable to all conflicts problems.

The work also contains summaries of the conflicts law of 41 different countries written by experts from each country.

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