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Wilful Misconduct In International Transport Law
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Book Synopsis Wilful Misconduct in International Transport Law by : Duygu Damar
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.
Book Synopsis Breaking the Liability Limits in Multimodal Transport by : Duygu Damar
Download or read book Breaking the Liability Limits in Multimodal Transport written by Duygu Damar and published by . This book was released on 2013 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Limitation of liability is a feature of transport law. Generally, personal wilful misconduct of the carrier must be proven by the claimant in order to break those liability limits. Since there is no generally accepted international regime for multimodal transport, other international instruments or national regimes must be applied to the issue. This article analyses the issues arisen from the lack of a uniformal regime for multimodal transport.This article is published in this Research Paper Series with the kind permission of the Tulane Maritime Law Journal in accordance with its Author/Journal Publication Agreement and Copyright License. For further information on the Journal, please visit its website.
Book Synopsis International Carriage of Goods by Road: CMR by :
Download or read book International Carriage of Goods by Road: CMR written by and published by CRC Press. This book was released on 2014-07-17 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: This key text analyses the international carriage of goods by road under the provisions of the CMR Convention. The updates in the fifth edition include: In Part I on CMR: • Cases on CMR in England • New cases in the higher courts other countries, notably Austria, France, Germany and Holland, many concerned with theft and ‘wilful misconduct’ • Advent of the Rotterdam Rules 2009 and their impact inland on CMR • Electronic consignment notes In Part II on English Domestic Law: Developments in the law of obligations affecting contracts of carriage: • Negligence • Conversion • Contract construction • Good faith • Vicarious liability
Book Synopsis Uniformity of Transport Law through International Regimes by : Olena Bokareva
Download or read book Uniformity of Transport Law through International Regimes written by Olena Bokareva and published by Edward Elgar Publishing. This book was released on 2019 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uniformity of Transport Law through International Regimes addresses the problem of uniformity of transport law and the potential solutions at international and EU levels. It concerns transport conventions and other instruments dealing mainly with carriage of goods by sea and multimodal transport as well as examining the Rotterdam Rules as one of the solutions towards uniformity in carriage of goods law. The discussion on international uniformity in transport law is complemented by an examination of regional harmonization in the context of EU law-making and jurisprudence in the field of international transport. The comparison between international and regional regimes reveals the complexities in application and interpretation of the certain transport conventions which is detrimental to achieving uniformity.
Book Synopsis Contracts of Carriage by Land and Air by : Malcolm A. Clarke
Download or read book Contracts of Carriage by Land and Air written by Malcolm A. Clarke and published by CRC Press. This book was released on 2013-12-17 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides: • In-depth clause-by-clause analysis and commentary of the major international conventions and standard form contracts within these areas • New editions of two standard forms of contract for international carriage by rail • Citation of the relevant case law and statutes • Footnote annotations and cross-references for each clause or provision
Book Synopsis Carriage of Goods by Sea, Land and Air by : Baris Soyer
Download or read book Carriage of Goods by Sea, Land and Air written by Baris Soyer and published by CRC Press. This book was released on 2013-08-15 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a combination of top academics, industry experts and leading practitioners, this book offers a detailed insight into both unimodal and multimodal carriage of goods. It provides a comprehensive and thoroughly practical guide to the issues that matter today on what is a very complex area of law. From the papers delivered at the 8th International Colloquium organised by Swansea Law School's prestigious Institute of International Shipping and Trade Law, this original work considers current opinions, trends and issues arising from contracts of carriage of goods by sea, land, air, and multi-modal combinations of these, not to mention the legal position of vital participants such as freight forwarders, terminal operators and cargo insurers. The topics under discussion range through issues such as paperwork, piracy, liability for defective containers, damage in transit, the CMR Convention, and the possible effects of the Rotterdam Rules. An indispensable resource for transport lawyers, industry professionals, academics and post-graduate students of maritime law.
Book Synopsis CMR: Contracts for the International Carriage of Goods by Road by : Donald James Hill
Download or read book CMR: Contracts for the International Carriage of Goods by Road written by Donald James Hill and published by Routledge. This book was released on 2017-07-05 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book has been completely revised and updated to provide a guide to the workings of the Convention on the Contracts for the International Carriage of Goods by Road. The text takes an article by article approach, discussing the relevant English and European case law to illustrate how the courts interpret the convention in practice.
Book Synopsis International Carriage of Goods by Road by : Malcolm Alistair Clarke
Download or read book International Carriage of Goods by Road written by Malcolm Alistair Clarke and published by Infroma Law. This book was released on 2003 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive guide to the workings of the Convention on the Contracts for the International Carriage of Goods by Road.
Book Synopsis Transport Law in Turkey by : Kerim Atamer
Download or read book Transport Law in Turkey written by Kerim Atamer and published by Kluwer Law International B.V.. This book was released on 2022-09-20 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in Turkey. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marine pollution; collision; and carriage of passengers. Other topics discussed include liability and limitation of liability, charter parties, and transport under bill of lading. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are also covered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling transport contracts or cases affecting Turkey. It will also be welcomed by researchers and academics for its contribution to a field that continues to gain significance in the study of comparative law.
Book Synopsis International Carriage of Goods by Road: CMR by : Malcolm A. Clarke
Download or read book International Carriage of Goods by Road: CMR written by Malcolm A. Clarke and published by CRC Press. This book was released on 2014-04-24 with total page 979 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style. This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including: New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case The concept of the "wilful misconduct" in failure to guard the vehicle Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG It also provides new coverage of the impact of e-commerce on road haulage. This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.
Book Synopsis Offshore Contracts and Liabilities by : Baris Soyer
Download or read book Offshore Contracts and Liabilities written by Baris Soyer and published by CRC Press. This book was released on 2014-09-25 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a team of top academics and highly-experienced legal practitioners, this is a very complex area of law. It provides both a critical analysis on contemporary legal issues concerning offshore contracts, and an in-depth account of the numerous liability regimes inherently connected to offshore operations. Key features of Offshore Contracts and Liabilities: Detailed insight into contemporary legal issues concerning offshore contracts, including Supplytime and Heavycon In-depth analysis of the current liability regimes with clear reference to contemporary industry practice Thorough examination of the current state of the law from national, regional and international perspectives Up-to-date coverage of hot topics such as liability for offshore installations, knock-for knock agreements in offshore contracts and recently-developed new standard forms, such as Windtime. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide
Book Synopsis Air Cargo by : Jean Louis Magdelénat
Download or read book Air Cargo written by Jean Louis Magdelénat and published by . This book was released on 1983 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Transportation Law on the Move by : Andreas Furrer
Download or read book Transportation Law on the Move written by Andreas Furrer and published by Stämpfli Verlag. This book was released on 2020-05-28 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scope of this book is to present the cornerstones of a modern transportation law embedded in a modern logistics and supply chain environment. For this purpose, internationally leading experts write contributions on specific topics of transportation law. The authors compare different legal approaches and present conceptually convincing answers. In addition, they discuss unsolved issues in transportation law. In a first step, the challenges and chances regarding the transformation of the transportation market will be illustrated. Subsequently, several key topics such as the basic principles in transportation law, regulative frameworks form digital freight documents and a look towards a modern logistics will be covered. In conclusion, the insights for a reform in Swiss transportation law reform are identified.
Book Synopsis The Professional Salvor's Liability in the Law of Negligence and the Doctrine of Affirmative Damages by : Miso Mudric
Download or read book The Professional Salvor's Liability in the Law of Negligence and the Doctrine of Affirmative Damages written by Miso Mudric and published by LIT Verlag Münster. This book was released on 2013 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The research in this book examines the issue of professional salvor's liability for damage caused due to negligent performance of salvage services. Analysis is focused on the relevant international law (1989 Salvage Convention, 1976 LLMC Convention, and the 1992 CLC Convention), the (professional) liability provisions of the chosen number of jurisdictions (England/Wales, Germany, France, and the US), the standard salvage contract forms, the standard of care, the relevant salvage case law, the sanctions for poor or non-performance, and the methods of calculating the limitation of liability. (Series: Writings on Maritime and Port Law / Schriften zum See- und Hafenrecht - Vol. 20)
Book Synopsis International Carriage of Goods by Road (CMR) by : Jan Theunis
Download or read book International Carriage of Goods by Road (CMR) written by Jan Theunis and published by . This book was released on 1987 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Port State Jurisdiction and the Regulation of International Merchant Shipping by : Bevan Marten
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.
Book Synopsis Container Carrier's Liability in International Multimodal Transport by : Jia Jia
Download or read book Container Carrier's Liability in International Multimodal Transport written by Jia Jia and published by Cuvillier Verlag. This book was released on 2023-08-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: International multimodal transport has been developed rapidly in recent 50 years and the worldwide use of containers made a valuable contribution. There are various effective international conventions for different modes of transport and this monograph focuses on the fundamental parts of the international multimodal transport, container carrier’s liability regime. The central research question is has the current liability regime provided a sufficient framework for container carriers in international multimodal transport? The question can be divided into three issues. Firstly, how wide should the scope of application of the international unimodal conventions be to cover the period of liability of container carrier in international multimodal transport? Secondly, do the existing conventions provide a proper and satisfactory framework to govern container carrier’s liability? Thirdly, if not, what solutions can be adopted? In order to answer the above questions, the novelty of this monograph lies on experiences gained from recent case law in relation to container transport. This monograph does not only discover problems in the existing legal system but also provides feasible suggestions for container carrier’s liability regime based on the Rotterdam Rules.
