The Limitation Of Shipowners Liability

Author : Miguel Correia
Publisher : Kluwer Law International B.V.
Page : 405 pages
File Size : 52,9 Mb
Release : 2013-01-06
Category : Law
ISBN : 9789041148483

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Shipowners' Limitation of Liability by Miguel Correia Pdf

This book refines the features of a variety of different common law and civil law systems down to a recognizable standard CIT system, identifying in the process the system’s core strengths and problems, as well as the factors that determine its impact on corporate behavior. The author offers insightful perspectives on such crucial issues as the following: corporate group members versus corporate groups as taxable entities; anti-abuse rules and developments in judicial anti-abuse doctrines; costs associated with, e.g., valuation of assets, compliance, and administration; how certain core CIT concepts are independent of tax law; efficiency, equity, and the protection of existing property rights; the firm’s reaction to behavioral control instruments; limitations on the use of losses; depreciation and amortization rules; manipulation of legal characterization; and transfer of assets and income. The work has an interdisciplinary approach drawing on the literatures of tax law, economics, corporate law, accounting, and business management. It concludes with a set of policy guidelines that should be considered when approaching the traditionally cumbersome interaction between tax systems and corporate groups. Especially valuable to the practitioner are the book’s extensive graphic design solutions illustrating the subtleties of the operation of corporate tax laws. Analyzing the taxation of corporate groups in a user-friendly form not available in any other source, this book greatly enhances the development of advanced tax planning methods that do not disrupt the economic operation of businesses. Its comprehensive conceptual framework will greatly facilitate the work of those, from practitioners to researchers, interested in developing a practical approach to corporate income taxation applicable at a global level.

Author : University of Southampton. Institute of Maritime Law
Publisher : Unknown
Page : 418 pages
File Size : 43,6 Mb
Release : 1986
Category : Law
ISBN : UVA:35007007107216

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The Limitation of Shipowners' Liability by University of Southampton. Institute of Maritime Law Pdf

Author : Cornelius Van Santvoord
Publisher : Unknown
Page : 180 pages
File Size : 46,8 Mb
Release : 1887
Category : Maritime law
ISBN : UVA:35007007109493

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Limitation of the Liability of Shipowners Under the Laws of the United States by Cornelius Van Santvoord Pdf

Author : Norman Martínez Gutiérrez
Publisher : Routledge
Page : 493 pages
File Size : 50,9 Mb
Release : 2010-12-16
Category : Business & Economics
ISBN : 9781136847486

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Limitation Of Liability in International Maritime Conventions by Norman Martínez Gutiérrez Pdf

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 : Xia Chen
Publisher : BRILL
Page : 186 pages
File Size : 42,6 Mb
Release : 2021-11-29
Category : Law
ISBN : 9789004481947

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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.

Author : W. R. Bisschop
Publisher : Unknown
Page : 72 pages
File Size : 50,8 Mb
Release : 1927
Category : Insurance, Marine
ISBN : UCAL:$B7625

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Limitation of Shipowner's Liability and Compulsory Insurance of Passengers by W. R. Bisschop Pdf

Author : Patrick Griggs,Richard Williams,Jeremy Farr
Publisher : Taylor & Francis
Page : 661 pages
File Size : 40,7 Mb
Release : 2020-11-25
Category : Law
ISBN : 9781000285758

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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.

Author : United States. Congress. Senate. Committee on Commerce. [from old catalog],United States. Congress. Senate. Committee on Commerce. Subcommittee on Merchant Marine and Fisheries
Publisher : Unknown
Page : 190 pages
File Size : 53,6 Mb
Release : 1963
Category : Liability for marine accidents
ISBN : LOC:00100962573

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Vessel and Shipowner Liability in Collisions Or Other Maritime Casualties by United States. Congress. Senate. Committee on Commerce. [from old catalog],United States. Congress. Senate. Committee on Commerce. Subcommittee on Merchant Marine and Fisheries Pdf

Author : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Merchant Marine
Publisher : Unknown
Page : 884 pages
File Size : 47,8 Mb
Release : 1986
Category : Fishing boats
ISBN : STANFORD:36105029333205

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Limitation of Shipowner's Liability and Fishing Vessel Insurance and Safety by United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Merchant Marine Pdf

Author : Narmada Khodie
Publisher : Unknown
Page : 584 pages
File Size : 40,8 Mb
Release : 1977
Category : Contracts, Maritime
ISBN : UVA:35007006886331

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Limitation of Liability of Shipowners by Narmada Khodie Pdf

Author : Muhammad Masum Billah
Publisher : Springer Science & Business Media
Page : 330 pages
File Size : 45,5 Mb
Release : 2014-01-07
Category : Law
ISBN : 9783319034881

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Effects of Insurance on Maritime Liability Law by Muhammad Masum Billah Pdf

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 : 52,7 Mb
Release : 2010-12-16
Category : Business & Economics
ISBN : 9781136847479

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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.

Author : Cornelius Van Santvoord
Publisher : Palala Press
Page : 176 pages
File Size : 52,5 Mb
Release : 2015-09-03
Category : Electronic
ISBN : 1341358593

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Limitation of the Liability of Shipowners Under the Laws of the United States by Cornelius Van Santvoord Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Patrick Griggs,Richard Williams
Publisher : Unknown
Page : 128 pages
File Size : 48,5 Mb
Release : 1986
Category : Electronic
ISBN : 0785540997

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Limitation of Liability for Maritime Claims by Patrick Griggs,Richard Williams Pdf

Author : Nicolai I. Lagoni
Publisher : Springer Science & Business Media
Page : 394 pages
File Size : 54,6 Mb
Release : 2007-06-29
Category : Law
ISBN : 9783540729150

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The Liability of Classification Societies by Nicolai I. Lagoni Pdf

Because the liability of ship owners is limited, classification societies have been considered as exempt from liability. This book analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or American maritime law. In addition, it develops the fundamental aspects of an international convention on the limitation of the liability of classification societies.