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Author : W. R. Bisschop
Publisher : Unknown
Page : 72 pages
File Size : 46,5 Mb
Release : 1927
Category : Insurance, Marine
ISBN : UCAL:$B7625
Author : Muhammad Masum Billah
Publisher : Springer Science & Business Media
Page : 330 pages
File Size : 54,6 Mb
Release : 2014-01-07
Category : Law
ISBN : 9783319034881
The book examines how the absence of insurance in the past led to some special maritime liability law principles such as ‘general average’ (i.e., losses or expenses shared by all the parties to a maritime adventure) and the limitation of shipowners’ liability. In the absence of insurance, these principles served the function of insurance mostly for shipowners. As commercial marine insurance is now widely available, these principles have lost their justification and may in fact interfere with the most important goal of liability law i.e., deterrence from negligence. The work thus recommends their abolition. It further argues that when insurance is easily available and affordable to the both parties to a liability claim, the main goal of liability law should be deterrence as opposed to compensation. This is exactly the case with the maritime cargo liability claims where both cargo owners and shipowners are invariably insured. As a result, the sole focus of cargo liability law should be and to a great extent, is deterrence. On the other hand in the vessel-source oil pollution liability setting, pollution victims are not usually insured. Therefore oil pollution liability law has to cater both for compensation and deterrence, the two traditional goals of liability law. The final question the work addresses is whether the deterrent effect of liability law is affected by the availability of liability insurance. Contrary to the popular belief the work attempts to prove that the presence of liability insurance is not necessarily a hindrance but can be a complementary force towards the realization of deterrent goal of liability law.
Author : Norman A. Martínez Gutiérrez
Publisher : Routledge
Page : 550 pages
File Size : 41,7 Mb
Release : 2010-12-16
Category : Business & Economics
ISBN : 9781136847479
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.
Author : Bevan Marten
Publisher : Springer Science & Business Media
Page : 282 pages
File Size : 48,7 Mb
Release : 2013-08-31
Category : Law
ISBN : 9783319003511
This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states’ attempts to regulate aspects of a vessel’s structure or equipment, or even certain activities that may take place before a vessel’s arrival in port. The author argues that examples of unilateral measures being imposed by way of port state jurisdiction are growing, and that without active protests from flag states this concept will continue to expand in scope. As international law currently presents very few restrictions on the actions of ambitious port states, such developments may have a significant impact on the future of international maritime regulation.
Author : Patrick Griggs,Richard Williams
Publisher : Unknown
Page : 136 pages
File Size : 53,9 Mb
Release : 1986
Category : Law
ISBN : UVA:35007006888816
Author : David Attard,Malgosia Fitzmaurice,Ignacio Arroyo,Norman Martinez,Elda Belja
Publisher : Oxford University Press
Page : 675 pages
File Size : 42,9 Mb
Release : 2016-05-26
Category : Law
ISBN : 9780191506932
This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume II: Shipping Law provides a detailed understanding of the historical development of shipping law looking at concepts, sources, and international organisations relating to shipping law; nationality, registration and ownership of ships; ship sale and shipping contracts; ship management and ship finance; arrest of ships; international trade and shipping documents; carriage of goods, passengers and their luggage by sea; maritime labour law; law of maritime safety; law of marine collisions; law of salvage; law of wrecks; law of general average; law of towage; law of harbours and pilotage; limitation of liability for maritime claims; and law of marine insurance. Volume II published in October 2014 addresses the major issues which arise in the law of the sea. The forthcoming Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.
Author : David Joseph Attard,Malgosia Fitzmaurice,Norman A. Martínez Gutiérrez,Ignacio Arroyo,IMO International Maritime Law Institute
Publisher : Oxford University Press
Page : 769 pages
File Size : 47,6 Mb
Release : 2016
Category : Law
ISBN : 9780199683932
"This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact." --
Author : Norman Martínez Gutiérrez
Publisher : Routledge
Page : 493 pages
File Size : 49,8 Mb
Release : 2010-12-16
Category : Business & Economics
ISBN : 9781136847486
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.
Author : Anonim
Publisher : Maritime Institute of Malaysia (MIMA)
Page : 66 pages
File Size : 49,5 Mb
Release : 2016-06-01
Category : History
ISBN : 8210379456XXX
This issue of Bulletin has a number of articles that cover fairly broad range in the maritime sector. They cover issues such as means to define maritime jurisdiction, maritime insurance, ports and shipping, the maritime environment in the EEZs, Blue Carbon issues, and a report on a talk on the South China Sea.
Author : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Merchant Marine
Publisher : Unknown
Page : 829 pages
File Size : 47,5 Mb
Release : 1986
Category : Fishing boats
ISBN : UCR:31210012663298
Author : Wang Hui
Publisher : Kluwer Law International B.V.
Page : 411 pages
File Size : 41,5 Mb
Release : 2011-09-15
Category : Law
ISBN : 9789041142825
This remarkable book – the first in-depth examination of the civil liability regime for marine oil pollution damage from a law and economics perspective – examines the efficiency and effectiveness of the regime, with particular attention to whether it is in fact designed in the public interest or merely a distribution of risks and costs among interested parties. The question is asked: does the liability system give the potential polluter incentives to take precautionary measures to avoid pollution or to reduce the possibility of pollution? The international regime on civil liability for marine oil pollution rests on the International Convention on Civil Liability for Oil Pollution Damage (CLC) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund Convention). However, the world’s biggest oil consumer and importer – the United States – has ratified neither, preferring its own Oil Pollution Act of 1990 (OPA), and China – currently the world’s second oil-consuming country – has not ratified the Fund Convention. Thus it is reasonable to compare the three regimes – international, US, and China – as such a comparative study may reveal some advantages or disadvantages among the three systems. Among the issues raised and tackled head-on by the author are the following: whether the contents of international conventions can be considered as the result of the influence of the various interest groups involve; overview of the regulations of marine pollution; technical standards, rules for operation, professional criteria; to what extent a state may take action against trans-boundary polluting activities; what liability a state may incur for non-action or non-effective action; significance for liability of the charter-party, generally considered the evidence of the hire of a ship, and the bill of lading, considered the evidence of the contract of carriage of goods by sea; the crucial role of the so-called ‘International Group’ of 13 Protection and Indemnity (P & I) Clubs, non-profit organizations specializing in liability insurance; the main international players – the International Maritime Organization (IMO), the Comité Maritime International (CMI), and industry organizations such as INTERTANKO and the Oil Companies International Marine Forum (OCIMF); the particular regime on offshore facility pollution liability in the United States; port state control; criminal liability; and EU and other regional initiatives. In addition, a detailed study of the Erika case reveals some of the rationale for many of the persistent features of marine pollution liability regimes. The well-thought-out legal and economic analysis provided in this book, along with its clearly stated policy recommendations and constructive perspectives for future development of the liability system, will be immeasurably valuable to lawyers and policymakers active in this highly visible area of international law.
Author : Howard B. Hurd
Publisher : Unknown
Page : 198 pages
File Size : 43,8 Mb
Release : 1930
Category : Collisions at sea
ISBN : UVA:35007006888030
Author : Patrick Griggs,Richard Williams,Jeremy Farr
Publisher : Taylor & Francis
Page : 661 pages
File Size : 42,9 Mb
Release : 2020-11-25
Category : Law
ISBN : 9781000285758
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.
Author : Keith Owens
Publisher : Routledge
Page : 808 pages
File Size : 45,9 Mb
Release : 2013-03-04
Category : Law
ISBN : 9781135338688
Law for Non-Law Students is written in a clear and readable style and aims to make the law understandable for readers at undergraduate or comparable level. It explains the practical influences under which the law has been formed,so that the student will be better able to understand why the law has developed in the way that it has. It gives lots of straightforward examples as to how the law works in practice and aims to equip students with the ability to appraise the effectiveness of the law in a particular circumstance rather than simply providing a list of rules for the student to regurgitate at exam time. The facts of the more important cases are given in some detail to enable the student to appreciate the range of factors which the court may have taken into account in reaching its decision. The new edition has been updated to take account of all recent developments, both in relation to statute and to case law. Certain chapters, particularly in the area of sale of goods, have been substantially rewritten and expanded in an attempt to give more detail, while at the same time remaining student-friendly. New chapters on Agency and Negligence have been added. brThis new edition should be suitable for most courses which have a law element.
Author : United States. Congress. House. Merchant Marine and Fisheries
Publisher : Unknown
Page : 1382 pages
File Size : 53,8 Mb
Release : 1935
Category : Electronic
ISBN : STANFORD:36105045514119
