This book aims to analyse the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation, identifies the constituent problems in such criminal accountability.
This book aims to analyse the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation, identifies the constituent problems in such criminal accountability.
Dr Simon Daniels qualified as a Solicitor in 1985, practising in marine litigation, with experience in commercial and criminal cases over many years, before he developed a career in alternative dispute resolution as a Qualified Dispute Resolver and Member of the Faculty of Mediation and ADR, founded by the Academy of Experts in London. He brought his professional background in maritime practice to the academic field at Solent University, where he managed the law and business parts of the MCA-accredited Merchant Vessel Operations programme at Warsash Maritime Academy, one of the world's leading centres of excellence in training for merchant shipping professionals. With the benefit of his experience across professional and academic fields, he took particular interest in the field of the criminalisation of the Ship's Master and, in 2012, was awarded a PhD for his thesis: The Criminalisation of the Ship's Master. A new approach for the new millennium. In August 2019, Simon left Solent University and established a new career in maritime research and consultancy. Most recently he has carried out a complete review and update of The Shipmaster's Business Self-Examiner, the flagship publication of the Nautical Institute.
Inhaltsangabe
INTRODUCTION 1. WHAT IS A CRIME? 2. SOURCES OF LAW 3. THE MASTER AND THE SHIP 4. THE RISK BUSINESS 5. PORT STATE SOVEREIGNTY: WHAT COULD POSSIBLY GO WRONG? 6. MANAGEMENT CONTROL BY THE FLAG STATE 7. CRIMINAL ACCOUNTABILITY FOR NEGLIGENCE 8. CRIMINALISATION AND SEAFARERS' RIGHTS: PROBLEMS AND SOLUTIONS 9. INVESTIGATIONS, EVIDENCE AND SELF-INCRIMINATION 10. THE FOUNDATIONS OF SENTENCING: CULPABILITY AND HARM 11. OCCUPATIONAL HAZARDS 12. COMPULSORY PILOTAGE: WHO TAKES THE BLAME? 13. POLAR RISKS 14. AUTONOMOUS SHIPS
INTRODUCTION 1. WHAT IS A CRIME? 2. SOURCES OF LAW 3. THE MASTER AND THE SHIP 4. THE RISK BUSINESS 5. PORT STATE SOVEREIGNTY: WHAT COULD POSSIBLY GO WRONG? 6. MANAGEMENT CONTROL BY THE FLAG STATE 7. CRIMINAL ACCOUNTABILITY FOR NEGLIGENCE 8. CRIMINALISATION AND SEAFARERS' RIGHTS: PROBLEMS AND SOLUTIONS 9. INVESTIGATIONS, EVIDENCE AND SELF-INCRIMINATION 10. THE FOUNDATIONS OF SENTENCING: CULPABILITY AND HARM 11. OCCUPATIONAL HAZARDS 12. COMPULSORY PILOTAGE: WHO TAKES THE BLAME? 13. POLAR RISKS 14. AUTONOMOUS SHIPS
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