Admiralty Litigation In Perpetuum: The Continuing Saga of Package Litigation and Third World Delivery Problems

Certain admiralty cargo issues are litigated frequently, often in search of a magical test which will preclude all further litigation. Three such issues are package limitations, the burden of proving the condition and quantity of cargo stowed within containers, and the point at which the ocean carrier delivers cargo at discharge and thus completes its duties under the contract of carriage. Despite the frequency with which these issues have been litigated, significant disagreement remains among the circuit courts as to their proper resolution. This article will examine the current state of judicial uncertainty in these areas and the indications given by the courts as the positions most likely to be adopted in the future

The effectiveness of manual stretching in the treatment of plantar heel pain: a systematic review

Background: Plantar heel pain is a commonly occurring foot complaint. Stretching is frequently utilised as a treatment, yet a systematic review focusing only on its effectiveness has not been published. This review aimed to assess the effectiveness of stretching on pain and function in people with plantar heel pain. Methods: Medline, EMBASE, CINAHL, AMED, and The Cochrane Library were searched from inception to July 2010. Studies fulfilling the inclusion criteria were independently assessed, and their quality evaluated using the modified PEDro scale. Results: Six studies including 365 symptomatic participants were included. Two compared stretching with a control, one study compared stretching to an alternative intervention, one study compared stretching to both alternative and control interventions, and two compared different stretching techniques and durations. Quality rating on the modified Pedro scale varied from two to eight out of a maximum of ten points. The methodologies and interventions varied significantly between studies, making meta-analysis inappropriate. Most participants improved over the course of the studies, but when stretching was compared to alternative or control interventions, the changes only reached statistical significance in one study that used a combination of calf muscle stretches and plantar fascia stretches in their stretching programme. Another study comparing different stretching techniques, showed a statistically significant reduction in some aspects of pain in favour of plantar fascia stretching over calf stretches in the short term. Conclusions: There were too few studies to assess whether stretching is effective compared to control or other interventions, for either pain or function. However, there is some evidence that plantar fascia stretching may be more effective than Achilles tendon stretching alone in the short-term. Appropriately powered randomised controlled trials, utilizing validated outcome measures, blinded assessors and long-term follow up are needed to assess the efficacy of stretching

Admiralty Litigation In Perpetuum: The Continuing Saga of Package Litigation and Third World Delivery Problems

Certain admiralty cargo issues are litigated frequently, often in search of a magical test which will preclude all further litigation. Three such issues are package limitations, the burden of proving the condition and quantity of cargo stowed within containers, and the point at which the ocean carrier delivers cargo at discharge and thus completes its duties under the contract of carriage. Despite the frequency with which these issues have been litigated, significant disagreement remains among the circuit courts as to their proper resolution. This article will examine the current state of judicial uncertainty in these areas and the indications given by the courts as the positions most likely to be adopted in the future

The Rotterdam Rules 2008. Commentary to the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea

The text- book \u201cThe Rotterdam Rules 2008\u201d is a commentary to the United Nations Convention on contracts for the international carriage of goods wholly or partly by sea, consisted in its final layout of eighteen chapters. Chapter: 1 General Provisions contains a series of definitions of terms used in the Convention to avoid the risk for the interpreter attributing to them a meaning other than the one originally attributed. Mention may be made of the definition of contract of carriage and of some terms created for the purposes of this Convention, such as performing party, maritime performing party, documentary shipper and electronic transport record; 2 Scope of Application defines the circumstances in which the Convention is compulsory applicable, that is, when it applies with the force of law as an international convention; 3 Electronic Transport Records sets out general provisions on the electronic equivalent of transport documents and specific provisions in respect to electronic transport records relating to transport documents throughout the Convention; 4 Obligations of the Carrier regulates first the period of responsibility of the carrier and then the obligations of the carrier that must be fulfilled during this period; 5 Liability of the Carrier for Loss, Damage or Delay is the logic complement of Chapter 4 because it regulates the liability of the carrier for the breach of its obligations relating to the goods; 6 Additional Provisions Relating to Particular Stages of Carriage regulates matters relating to a specific stage of the carriage, be it by sea or otherwise and also includes provisions on deviation and deck cargo, on stages other than by sea in respect to which the rules applicable are identified; 7 Obligations of the Shipper to the Carrier contains a comprehensive set of rules on all obligations and liabilities of the shipper; 8 Transport Documents and Electronic Transport Records contains rules on the issuance, content and evidentiary effect of transport documents and electronic transport records and a provision on the identity of the carrier; 9 Delivery of the Goods establishes when the obligation of the consignee to take delivery arises, identifies the persons from whom the carrier may seek instructions if he is unable to deliver the goods and regulates the situation in which the goods remain undelivered; 10 Rights of the Controlling Party regulates the identity of the person entitled to give instructions to the carrier (\u201ccontrolling party\u201d), the type of instruction that may be given to the carrier and the rights of the carrier as a consequence of the carrier\u2019s compliance with such instructions; 11 Transfer of rights sets out rules on the transfer of rights when a negotiable transport document or electronic transport record is issued; 12 Limits of Liability regulates the limit of liability for loss or damage to the goods and generally for breaches of the carrier\u2019s obligations under the Convention. Situations in which the carrier loses the right to limit are also provided; 13 Time for Suit regulates the time for suit, which is two years, not subject to suspension or interruption; 14 and 15 Jurisdiction and Arbitration regulate jurisdiction and arbitration; 16 Validity of Contractual Terms sets out those situations in which freedom of contract is permitted; 17 Matters Not Governed by this Convention deals with the relationship between the Rotterdam Rules and other conventions. 18 Final Clauses contains final clauses

Detecting short-term evolution of Etnean scoria cones: a LIDAR-based approach

The 2001 and 2002–2003 flank eruptions on Mount Etna (Italy) were characterized by intense explosive activity which led to the formation of two large monogenetic scoria cones (one from each eruption) on the upper southern flank of the volcano. Continuous monitoring of Etna, especially during flank eruptions, has provided detailed information on the growth of these cones. They differ in genesis, shape, and size. A set of high resolution (1 m) digital elevation models (DEMs) derived from light detection and ranging (LIDAR) data collected during four different surveys (2004, 2005, 2006, and 2007) has been used to map morphology and to extract the morphometric parameters of the scoria cones. By comparing LIDARderived DEMs with a pre-eruption (1998) 10 m DEM, the volume of the two scoria cones was calculated for the first time. Comparison of the LIDAR-derived DEMs revealed in unprecedented detail morphological changes during scoria cone degradation. In particular, the morphologically more exposed and structurally weaker 2002–2003 cone was eroded rapidly during the first few years after its emplacement mainly due to gravitational instability of slopes and wind erosion

The effects of water chemistry and lock-mediated connectivity on macroinvertebrate diversity and community structure in a canal in northern England

Freshwater ecosystems are under threat from habitat loss, partly due to urban expansion. However, some elements of urban freshwaters are already integral parts of the urban landscape and so are more resilient to loss, representing opportunities for the enhancement of freshwater resources within cities. This study investigated the biodiversity value of the Leeds-Liverpool Canal in Leeds, UK, in relation to its landscape context. Specifically, we tested the hypotheses that (i) biodiversity value is lowest nearest to the urban core, and (ii) the pattern of canal locks structured ecological communities. Nutrients, metals and dissolved carbon all existed at relatively low concentrations, contrary to what is often seen in urban water bodies, although concentrations were higher in the urban core. This gradient of chemical stress was associated with a decline in macroinvertebrate diversity towards the city centre, which manifested as pollution-sensitive taxa being excluded from this area. Community structures were found to vary between groups of sampling sites separated by locks, suggesting that locks may act as barriers for aquatic invertebrates by restricting dispersal. The results in this study indicate that canals in urban areas can be high-quality habitats, despite the associated anthropogenic stressors, and locks may represent a unique model for researching relationships between connectivity and community structure