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Author : W. R. Bisschop
Publisher :
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.:/5 (7 download)
Download or read book Limitation of Shipowner's Liability and Compulsory Insurance of Passengers written by W. R. Bisschop and published by . This book was released on 1927 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Patrick Griggs
Publisher : Taylor & Francis
ISBN 13 : 1000285758
Total Pages : 661 pages
Book Rating : 4.0/5 (2 download)
Download or read book Limitation of Liability for Maritime Claims written by Patrick Griggs and published by Taylor & Francis. This book was released on 2020-11-25 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Muhammad Masum Billah
Publisher : Springer Science & Business Media
ISBN 13 : 331903488X
Total Pages : 330 pages
Book Rating : 4.3/5 (19 download)
Download or read book Effects of Insurance on Maritime Liability Law written by Muhammad Masum Billah and published by Springer Science & Business Media. This book was released on 2014-01-07 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : University of Southampton. Institute of Maritime Law
Publisher :
ISBN 13 :
Total Pages : 418 pages
Book Rating : 4.3/5 (5 download)
Download or read book The Limitation of Shipowners' Liability written by University of Southampton. Institute of Maritime Law and published by . This book was released on 1986 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Norman A. Martínez Gutiérrez
Publisher : Routledge
ISBN 13 : 1136847472
Total Pages : 550 pages
Book Rating : 4.1/5 (368 download)
Download or read book Limitation of Liability in International Maritime Conventions written by Norman A. Martínez Gutiérrez and published by Routledge. This book was released on 2010-12-16 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Merchant Marine
Publisher :
ISBN 13 :
Total Pages : 856 pages
Book Rating : 4.0/5 (18 download)
Download or read book Limitation of Shipowner's Liability and Fishing Vessel Insurance and Safety written by United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Merchant Marine and published by . This book was released on 1986 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Barnabas Reynolds
Publisher :
ISBN 13 : 9789041124654
Total Pages : 0 pages
Book Rating : 4.1/5 (246 download)
Download or read book Shipowners' Limitation of Liability written by Barnabas Reynolds and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Bevan Marten
Publisher : Springer Science & Business Media
ISBN 13 : 3319003518
Total Pages : 282 pages
Book Rating : 4.3/5 (19 download)
Download or read book Port State Jurisdiction and the Regulation of International Merchant Shipping written by Bevan Marten and published by Springer Science & Business Media. This book was released on 2013-08-31 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : David Joseph Attard
Publisher : Oxford University Press
ISBN 13 : 019968393X
Total Pages : 769 pages
Book Rating : 4.1/5 (996 download)
Download or read book The IMLI Manual on International Maritime Law: Shipping law written by David Joseph Attard and published by Oxford University Press. This book was released on 2016 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 : Hyun Kim
Publisher :
ISBN 13 :
Total Pages : 398 pages
Book Rating : 4.F/5 ( download)
Download or read book Limitation of Shipowners' Liability in Korea written by Hyun Kim and published by . This book was released on 1990 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Norman Martínez Gutiérrez
Publisher : Routledge
ISBN 13 : 1136847480
Total Pages : 493 pages
Book Rating : 4.1/5 (368 download)
Download or read book Limitation Of Liability in International Maritime Conventions written by Norman Martínez Gutiérrez and published by Routledge. This book was released on 2010-12-16 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : David Attard
Publisher : Oxford University Press
ISBN 13 : 0191506931
Total Pages : 769 pages
Book Rating : 4.1/5 (915 download)
Download or read book The IMLI Manual on International Maritime Law Volume II Shipping Law written by David Attard and published by Oxford University Press. This book was released on 2016-05-26 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Rhidian Thomas
Publisher : Taylor & Francis
ISBN 13 : 1000341445
Total Pages : 510 pages
Book Rating : 4.0/5 (3 download)
Download or read book Liability Regimes in Contemporary Maritime Law written by Rhidian Thomas and published by Taylor & Francis. This book was released on 2020-12-23 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the topical and current issues in maritime law and brings them together into a coherent strand by the common perspective of liabilities for the professional reader. Liability Regimes in Contemporary Maritime Law appeals to both the industry and the legal profession and provides a degree of analysis and discussion, while also bringing together in a single volume the essential interest in a range of individual subject areas.
Author :
Publisher : Maritime Institute of Malaysia (MIMA)
ISBN 13 :
Total Pages : 66 pages
Book Rating : 4./5 ( download)
Download or read book MIMA Bulletin Volume 23 (1) 2016 written by and published by Maritime Institute of Malaysia (MIMA). This book was released on 2016-06-01 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :
Publisher :
ISBN 13 :
Total Pages : 864 pages
Book Rating : 4.3/5 (91 download)
Download or read book Shipbuilding & Shipping Record written by and published by . This book was released on 1921 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Aleka Mandaraka-Sheppard
Publisher : Cavendish Publishing
ISBN 13 : 1843141965
Total Pages : 1108 pages
Book Rating : 4.8/5 (431 download)
Download or read book Modern Admiralty Law written by Aleka Mandaraka-Sheppard and published by Cavendish Publishing. This book was released on 2011-02-10 with total page 1108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lucidly explaining the legal principles of Admiralty Law in a modern context, this new edition has been fully revised and updated to include recent case law and legislation, including extensive treatment of developments within the EC. Examining the law within a commercial perspective with suggestions for how legal risks should be managed, this is the ideal text for postgraduates studying admiralty or shipping law as well as professionals within the shipping industry. The intricate rules of the Brussels/Lugano Conventions are explained alongside conflict of jurisdictions, and the application of the forum non-conveniens, doctrine and forum shopping. Breach of jurisdiction agreements and remedies are also discussed and the vexed issues of anti-suit injunctions are dealt with comprehensively. Modern Admiralty Law analyses the corporate structures of ship owning companies and the circumstances in which the corporate veil may be pierced; suggestions for legitimate corporate structures for the purpose of risk management are also put forward. The consequences of non-compliance with the ISM Code are considered (such as potential criminal liability, the effect of non-compliance upon insurance contracts and limitation of liability), alongside an update of further measures being taken by the EC and the IMO on safety of ships and cleaner seas. An ideal reference tool, the new edition of this popular and comprehensive text includes summaries of the principles and case law and encourages further investigation. The practical and commercial orientation of this book will be of great benefit to readers studying the subject as an academic discipline as well as those who work in the area. From admiralty jurisdiction to limitation of liability, all aspects of admiralty law are thoroughly investigated, with recent developments providing new insights for this modern approach to admiralty law. This new edition is essential reading for postgraduates, practitioners, ship owners and managers, and a wide range of professionals within the shipping industry.
Author : Duygu Damar
Publisher : Springer Science & Business Media
ISBN 13 : 3642215092
Total Pages : 333 pages
Book Rating : 4.6/5 (422 download)
Download or read book Wilful Misconduct in International Transport Law written by Duygu Damar and published by Springer Science & Business Media. This book was released on 2011-07-17 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.
