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Limitation of Liability for Maritime Claims by Patrick Griggs,Richard Williams,Jeremy Farr Pdf
This fourth edition addresses certain developments, including the 1996 Protocol to the 1976 Limitation Convention, which have come into effect since publication of the previous edition. The chapters on limitation of liability for passenger claims and in relation to the carriage of goods have been updated, as has the chapter on limitation regimes worldwide. The book also focuses upon the practicalities of seeking to limit by reference to case law and procedural rules.
Limitation of Liability for Maritime Claims by Xia Chen Pdf
Limitation of liability for maritime claims is an important system for the shipping industry. The original rationale for such a system was to encourage the shipping enterprise. However, in our today's much changed world, the system has been under severe attack and has been described as `hopelessly anachronistic'. Yet, the debate over repeal or retention of the system is far from settled. This book traces the history and development of limitation law around the world. It compares various limitation laws in operation under different legal regimes. In particular, it analytically scrutinizes the limitation systems under U.S. law, Chinese law and international conventions. It explores the possibility of international uniformity of maritime limitation law and points out that complete uniformity will not be achieved unless the United States joins the international community. It concludes that although there is a need for reform of the system, limitation of liability for maritime claims is here to stay. This book also thoroughly examines the limitation system under the Chinese legal regime through comparison with U.S. law and in the context of international conventions. Both practitioners and academic scholars will find this book helpful in understanding Chinese law in general and Chinese maritime limitation of liability in particular.
Limitation of Liability for Maritime Claims by International Maritime Organization Pdf
The Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC 1976) was adopted at the International Conference on Limitation of Liability for Maritime Claims held in London, from 1 to 19 November 1976, at the Invitation of the Inter-Governmental Maritime Consultative Organization (IMCO), now International Maritime Organization (IMO). The LLMC 1976 entered into force on 1 December 1986 and, as at 31 March 2007, 51 States have become Parties to it. The Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976 (the 1996 LLMC Protocol) was adopted at the International Conference on Hazardous and Noxious Substances and Limitation of Liability, 1996, held in London, from 15 April to 3 May 1996, at the invitation of the International Maritime Organization (IMO). The LLMC 1976 Protocol entered into force on 13 May 2004 and, as at 31 March 2007, 25 States have become Parties to it. The Protocol provides for enhanced compensation, as well as for a simplified procedure for updating the limitation amounts. Article 9 of the LLMC 1976 Protocol requires inter alia that, as between the Parties thereto, the 1976 LLMC and the 1996 LLMC Protocol shall be read and interpreted together as one single instrument. This publication contains the texts of the 1976 Convention and the 1996 Protocol. For practical purposes, a consolidated text of the substantive provisions of the Convention as amended by the Protocol and amended limits of liability is included
Limitation of Liability in International Maritime Conventions by Norman A. Martínez Gutiérrez Pdf
Limitation of liability for maritime claims is a concept of respectable antiquity which is now deeply entrenched in the maritime industry. Under this concept, the shipowner is entitled to limit his liability for maritime claims up to a maximum sum regardless of the actual amount of the claims. The concept of limitation of liability has been adopted by many conventions ranging from those relating to the carriage of goods by sea, carriage of passengers and their luggage by sea, liability and compensation for pollution damage, to liability for the removal of wrecks. Each of these conventions has its own approach to limitation of liability. However, these particular liability regimes share the international arena with global limitation conventions such as the 1976 Convention on Limitation of Liability for Maritime Claims and the 1996 Protocol thereto. This book approaches limitation of liability from an international perspective looking at a number of key conventions including the global limitation conventions, the conventions relating to the carriage of passengers and their luggage by sea (1974 Athens Convention relating to the Carriage of Passengers and Their Luggage by Sea and the 2002 Protocol thereto), conventions relating to liability and compensation for pollution damage (1969 International Convention on Civil Liability for Oil Pollution Damage and the 1992 Protocol thereto, the 1996 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea and the 2010 Protocol thereto, and the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage), as well as the 2007 Nairobi International Convention on the Removal of Wrecks. Each chapter of this book sets out to analyze provisions in the conventions which have proved to be controversial and subject to debate by courts and authors, as well as the relationship between the limitation provisions in claim specific liability conventions and in the global limitation conventions. Particular attention is also given to the persons entitled to limit liability, ships in respect of which liability can be limited, claims subject to limitation, claims excepted from limitation, basis of liability (where applicable), loss of the right to limit, and the limits of liability. Limitation of Liability in International Maritime Conventions is of interest to academics and practicing lawyers who wish to understand the intricacies of the law of limitation.
University of Southampton. Institute of Maritime Law
Author : University of Southampton. Institute of Maritime Law Publisher : Unknown Page : 418 pages File Size : 40,8 Mb Release : 1986 Category : Law ISBN : UVA:35007007107216
Limitation of Liability for Maritime Claims Act 1989 (Australia) (2018 Edition) by The Law The Law Library Pdf
Limitation of Liability for Maritime Claims Act 1989 (Australia) (2018 Edition) The Law Library presents the complete text of the Limitation of Liability for Maritime Claims Act 1989 (Australia) (2018 Edition). Updated as of May 15, 2018 This book contains: - The complete text of the Limitation of Liability for Maritime Claims Act 1989 (Australia) (2018 Edition) - A table of contents with the page number of each section
Maritime Liabilities in a Global and Regional Context by Bar?? Soyer,Andrew Tettenborn Pdf
Maritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 13th International Colloquium at Swansea Law School in September 2017. Written by a combination of top academics and highly-experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding maritime liabilities. The book is set out in two parts: - Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities - Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.
Shipowners' Limitation of Liability by Barnabas Reynolds,Michael N. Tsimplis Pdf
How limitation issues arise -- Tonnage and value based limitation systems -- Who may invoke global limitation? -- For which types of vessel is limitation available? -- The claims to which limitation may apply -- When is the right to limited liability lost? -- The limits of liability -- Multiple funds, multiplicity of defendants and counterclaims -- Constitution of the fund and priority of claims -- The admiralty jurisdiction of the English High Court and English limitation procedure -- Jurisdiction for global limitation of liability proceedings -- Passenger liability -- Cargo claims and the Hague-Visby Rules -- Limitation of liability for oil pollution -- Bunker and lubricating oils -- Liability for oil pollution not covered by international conventions -- Hazardous and noxious substances -- Appendix I. Ratification status of the 1924 Limitation Convention -- Appendix II. Ratification status of the 1957 Limitation Convention and its 1979 Protocol -- Appendix III. Ratification status of the 1976 and 1996 LLMCs -- Appendix IV. 1924 Limitation Convention -- Appendix V. 1957 Limitation Convention -- Appendix VI. 1976 LLMC -- Appendix VII. 1996 LLMC.
