Legislation

Our woman in Havana, Georgina Noakes, visits the offices of Rado & Associates

LA HABANA (Havana), Cuba, is one of the most exciting cities in the world. But visit it quickly before it gets totally restored. The city has been declared a world heritage site and, with the help of UNESCO grants, the baroque Spanish architecture, hailing from the 16th century onwards, is being renovated, bit by bit. A Cuban historian, Leal Eusebio, is director of the...

India urged to ratify CLC

India urged to ratify CLC INDIA has been urged to become a signatory to the 1992 Civil Liability Convention and the associated Fund Convention, which set out the structure and conditions for dealing with those adversely affected by oil spills from tankers. Dr Chao Wu, environmental law adviser for the UK P&I Club at Thomas Miller (Americas) Inc, told leading members of the...

Korea pollution crackdown

Korea pollution crackdown RECENT amendments to the Korean Sea Pollution Prevention Act have imposed a number of new requirements on vessels operating in Korean waters. Oil tankers of more than 500 gross tons must have arranged for the necessary equipment or vessels to combat oil pollution. Alternatively, shipowners must have made arrangements to hire the necessary equipment or...

Reform of Australian cargo liability

Reform of Australian cargo liability NEW regulations governing cargo liability in Australia have come into force. As a result of amendments made last year to the Australian Carriage of Goods by Sea Act 1991, the Australian parliament authorised amendments by regulation to the Hague-Visby Rules, as scheduled to the act. The regulations made pursuant to the act have now been...

Venezuela opens its doors

Venezuela opens its doors VENEZUELA, a country with a traditionally restrictive ship registry, has opened its doors to foreign investors in the maritime sector. The Venezuelan congress has recently enacted legislation in the form of a new navigation law and a revised law for the protection of the merchant marine, both with much more flexible rules in respect of ship...

Enforcement of Cuban maritime debts in the Canadian courts

CANADA has maintained a liberal commercial policy with Cuba since the Cuban revolution of 1959. In the last decade, Canadians have invested in Cuba in areas such as real estate, tourism, health and technological assistance. This has enabled Cuban tramp ships to call at Canadian ports on a regular basis, and has even enabled the establishment of a liner service from Canada's...

Croatia maritime code to be thoroughly amended

In 1994, Croatia passed its Maritime Code regulating a whole range of maritime matters in a systematic and thorough manner. In 1996, work began towards a thorough amendment. Working groups have now completed their work, and a whole set of amendments has been sent into the parliamentary procedure. The most significant developments may be outlined as follows. The proposed...

Fáilte go...Irish maritime law

"BEFORE we go any further, it is important to point out that Ireland's maritime industry is very small, but we provide the very best maritime lawyers you will find anywhere," says Vincent Power, a partner in Dublin-based A&L Goodbody. This comment reflects the general feeling among the maritime lawyers in a country where, until recently, it was a struggle to encourage...

Late, but not for much longer

Late, but not for much longer John Guy takes a look at how Spain's legal market is coping with having to open itself to the global economy BELIEVE it or not, Spain is finally becoming part of Europe. No-one has removed the Pyrenees, and the food, wine and women still have a distinct flavour. But the sheer power of modern telecoms and the outreach of the global economy is...

For future reference

WHEN visiting a stranger's home, the contents of their bookcase can tell you a lot about their character. Similarly, a bookcase in an office can provide an insight into the type of person who works there, and what their profession is. The legal profession is no exception. In fact, the current plethora of legal directories should provide any legal eagle with sufficient volumes...

Russian Federation amends merchant shipping code

Russian Federation amends merchant shipping code THE number of cases relating to the detention and arrest of vessels in Russia may be set to increase following the adoption of the new Merchant Shipping Code of the Russian Federation in May 1999. Under the new code, harbour masters have the right to refuse permission for a vessel to leave port if (a) it is unseaworthy,...

The new United States COGSA proposal

Facts and fallacies Vincent De Orchis, of De Orchis, Walker & Corsa in New York, explains key elements of the proposed new Carriage of Goods by Sea Act and allays some misconceptions NEARLY eight years have gone by since a special steering group of the United States Maritime Law Association (MLAUS) began drafting a revised Carriage of Goods by Sea Act. The latest...

Special circumstances in Kenya

Ushwin Khanna, partner at Mombasa-based law firm Kapila Anjarwalla & Khanna, looks at the case for independent admiralty jurisdiction in Kenya THE high court in Mombasa in the Republic of Kenya has vested admiralty jurisdiction which can only be exercised in the same manner, to the same extent and in accordance with the same procedure as in the high court in England, as...

Wearing shades in Nigeria

NIGERIA has just made an historic turn from the past. Fifteen years of continuous and damaging military rule literally destroyed the country's social and political institutions, forcing a large part of the population into poverty, and seriously damaging the economy. A dominant enclave oil sector, a financial sector out of touch with the developmental requirements of a poor...

New rules in China

New rules in China NEW rules for hearing maritime cases in Chinese courts has been approved. The new Law of Special Procedures for Admiralty Proceedings entered a final round of consultation in December, prior to approval by the People's Congress and passage into law. "These new rules will have a tremendous impact on the handling of maritime cases in China," says Ruizong Wang...