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A Comparative Study Of The Obligation Of Due Diligence To Provide A Seaworthy Vessel Under The Hague Hague Visby Rules And The Rotterdam Rules
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Book Synopsis A Comparative Study of the Obligation of Due Diligence to Provide a Seaworthy Vessel Under the Hague/Hague-Visby Rules and the Rotterdam Rules by : Talal Hamad Aladwani
Download or read book A Comparative Study of the Obligation of Due Diligence to Provide a Seaworthy Vessel Under the Hague/Hague-Visby Rules and the Rotterdam Rules written by Talal Hamad Aladwani and published by . This book was released on 2016 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Obligations of the Carrier Regarding the Cargo by : Ilian Djadjev
Download or read book The Obligations of the Carrier Regarding the Cargo written by Ilian Djadjev and published by Springer. This book was released on 2017-08-22 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the legal and contractual obligations of sea carriers regarding due care for the cargo under a contract of carriage. While the general framework employed is the leading international liability regime, the Hague-Visby Rules, the discussions in each chapter also account for the possible future adoption of a new regime, the Rotterdam Rules. The subject matter concerns the standard for the duty of care for goods as codified in the Hague-Visby Rules, but the work also touches upon a wide range of related topics found both in law and in practice, providing valuable commercial, technical and historical links as well as various solutions that have been found at the national and international level to address challenges arising in this specialised area of law. The book is divided into six chapters, which gradually reveal the complexity of the topic. Chapter 1 provides a thorough introduction to the two main transport documents in use, and to the basic logic behind shipping, sea-going trade and related national and international legislation. In turn, Chapter 2 presents an overview of the relevant provisions of the Hague-Visby Rules. Chapters 3, 4 and 5 examine the problems arising out of the insertion of a FIOS(T) clause in the contract of carriage; the carriage of goods on deck; and the carriage of goods in containers, respectively. Lastly, Chapter 6 provides an overall conclusion on the legal status quo and current practice, as well as future prospects. The book was written with a number of potential readers in mind and is intended to open up the topic to a broader audience. It is suitable both for readers who wish to advance their learning (e.g. professionals, practitioners and postgraduates) and for readers with little or no prior knowledge of the topic (e.g. students and researchers).
Book Synopsis The Due Diligence in Maritime Transportation in the Technological Era by : Víctor Hugo Chacón
Download or read book The Due Diligence in Maritime Transportation in the Technological Era written by Víctor Hugo Chacón and published by Springer. This book was released on 2017-10-08 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the problem of sea carriers’ liability, with a particular focus on role of the technologies that have been employed to support maritime transport in recent decades. It examines the Hague Rules, providing an overview of the precedent standard of liability, its historical development up until its application, and its construction at the current time. To do so, it presents two exemplary studies from English and American case law, and analyzes the situations in which the courts have required the application of new technologies as part of the duties set in the current governing liability regime. Written in an easy-to-follow style, the book offers not only an unique overview of the applications of technologies in making ships both seaworthy and cargo-worthy, but also a practice-oriented guide to understanding and making decisions about sea carriers’ liability. It is intended for law practitioners as well as advanced graduate students and researchers in the field of maritime shipping, transport and insurance law
Book Synopsis Serving the Rule of International Maritime Law by : Norman A. Martínez Gutiérrez
Download or read book Serving the Rule of International Maritime Law written by Norman A. Martínez Gutiérrez and published by Routledge. This book was released on 2009-12-16 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: International maritime law is far from inert, everyday international affairs constantly test existing law and, in many occasions, require its development. The collection contains innovative studies on current issues and events that are testing the present state of international maritime law. The book is intended as a Festschrift to Professor David Attard and celebrates his career in international law. This work represents a close collaboration amongst many practitioners and academics involved in the field of international maritime law including Judge Helmut Tuerk, Francis Reynolds, William Tetley Q.C. and Patrick J.S. Griggs.
Book Synopsis The System of Liability of Articles III and IV of the Hague (Visby) Rules by : N. J. Margetson
Download or read book The System of Liability of Articles III and IV of the Hague (Visby) Rules written by N. J. Margetson and published by Uitgeverij Paris. This book was released on 2008 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a study of the system of liability under the Hague and Hague Visby Rules. The application of the Rules under American, English and Dutch law and incidentally Australian and Canadian law is researched to determine if the Rules are construed and applied uniformly. Where it is found that there are differences in the way a Rule is applied the intended construction of the Rule is established After a chapter on the construction of the Rules, the duties of the carrier contained in article III(1) and III(2) are discussed. Some of the most important exceptions of article IV and the relationship between those exceptions and the duties of the carrier are discussed in two separate chapters. There is also a chapter on the division of the burden of proof. The book ends with a chapter containing the conclusions derived from the comparative legal research throughout the book. A summary is included in English and Dutch.
Book Synopsis The Rotterdam Rules by : Michael F. Sturley
Download or read book The Rotterdam Rules written by Michael F. Sturley and published by . This book was released on 2017-12-31 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Rotterdam Rules by : Yvonne Baatz
Download or read book The Rotterdam Rules written by Yvonne Baatz and published by CRC Press. This book was released on 2013-09-11 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rotterdam Rules represent the most comprehensive overhaul of the law of carriage of goods by sea in more than fifty years. To coincide with the signing ceremony, six members of the Institute of Maritime Law have written a detailed commentary on the Rules. The Rotterdam Rules: A Practical Annotation examines the text of the Rules, all ninety-six articles of the new Convention, and compares them to the text of the Hague-Visby Rules, the instrument currently covering most bills of lading. The authors have also examined the judgments in cases decided in the English Courts under the Carriage of Goods by Sea Acts of 1971 and 1992 and have indicated whether these cases would be decided differently under the new Rotterdam Rules.
Book Synopsis Cases and Materials on the Carriage of Goods By Sea by : Martin Dockray
Download or read book Cases and Materials on the Carriage of Goods By Sea written by Martin Dockray and published by Routledge. This book was released on 2013-03-04 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases Materials on the Carriage of Goods by Sea includes a collection of legislative material, standard form contracts and up-to-date coverage of English case law. It covers the major areas of chartering and bills of lading, as well as matters such as exclusion and limitation of liability. This edition has been comprehensively updated and adds the latest cases to its strong coverage of classic authorities. Notable additions in the chapters dealing with bills of lading include The Starsin, The Rafaela S, Motis Exports and The David Agmashenebeli. On the Carriage of Goods by Sea Act 1992, the important decisions of The Berge Sisar and East West Corp are incorporated, while key recent decisions on chartering, such as The Hill Harmony, The Happy Day and The Stolt Spur are fully treated. This book provides an up-to-date collection of materials relating to the carriage of goods by sea which will be of value to both students of law and legal practitioners.
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 Marine Cargo Claims by : William Tetley
Download or read book Marine Cargo Claims written by William Tetley and published by . This book was released on 1965 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Effects of Insurance on Maritime Liability Law by : Muhammad Masum Billah
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.
Book Synopsis Carriage of Goods by Sea by : John F. Wilson
Download or read book Carriage of Goods by Sea written by John F. Wilson and published by Pearson Education. This book was released on 2004 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Carriage of Goods by Sea is the definitive textbook on this important area of international trade law and is suitable for both undergraduate and postgraduate students. Written by an expert in the field, it provides an authoritative, in-depth and critical survey of all aspects of the law relating to carriage of goods by sea. The book successfully combines a clear analysis of legal principles with sound practical considerations, allowing for a more complete treatment of the subject."--BOOK JACKET.
Book Synopsis Principles of the Carriage of Goods by Sea by : Paul Todd
Download or read book Principles of the Carriage of Goods by Sea written by Paul Todd and published by Routledge. This book was released on 2015-10-05 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of the Carriage of Goods by Sea offers students studying this topic as part of their LLM or LLB course an accessible, comprehensive overview of the subject from a leading expert in the field. Written specifically with students in mind, concentrating on principles, and tailored to common law coverage, this title presents all the essential topics and is supported by the following useful pedagogy: Line Diagrams: illustrating the relationships between parties so that this may be understood at a glance; also where appropriate, time lines Case Studies: looking at topical matters such as piracy, and problematic areas of law such as reachable on arrival clauses and the carriage of bulk oil by sea Sample Problem Questions: problem questions and suggestions to help students to prepare for assessment Annotated appendices: concise appendix of the most important legislation and international conventions, with useful annotation from the author that explains these and puts them in context
Book Synopsis Review of Maritime Transport 2009 by : United Nations
Download or read book Review of Maritime Transport 2009 written by United Nations and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the background of a global financial crisis and economic downturn, growth in seaborne trade continued, albeit at a slower rate. Existing forecasts suggest that the outlook for seaborne trade is uncertain and that some challenging times lie ahead for shipping and international seaborne trade. These challenges are further compounded by other developments, including maritime security at sea and the need to address the climate change challenge. The Review of Maritime Transport examines trends in sea-borne trade and analyses the comparative performance of different geographic regions and countries. Every year, the Review of Maritime Transport gives attention to transport developments in a particular region. The focus in 2009 is on developments in Africa since 2006 when UNCTAD last reported on the region.
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 335 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 Transport Documents in Carriage Of Goods by Sea by : Časlav Pejović
Download or read book Transport Documents in Carriage Of Goods by Sea written by Časlav Pejović and published by Taylor & Francis. This book was released on 2020-03-05 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing a fresh, comparative approach to transport documents used in the carriage of goods by sea, this book covers bills of lading, sea waybills, ship’s delivery orders, multimodal transport documents, and electronic transport documents. The book covers historic developments, current conventions, and thoughts for the future on these transport documents; and delves deeply into the legal issues concerning them. It represents a comprehensive compilation of case and statute law from around the world on this subject. In addition to English law, the book covers American, French, German, and Italian laws, as well as the laws of several East Asian jurisdictions (China, Japan, South Korea). Primarily, the book will be of use to maritime law scholars and students, and lawyers who deal with shipping. It may also be of interest to international traders, banks, and ship masters and officers.
Book Synopsis Energy Efficiency Clauses in Charter Party Agreements by : George Adamantios Psarros
Download or read book Energy Efficiency Clauses in Charter Party Agreements written by George Adamantios Psarros and published by Springer. This book was released on 2016-12-10 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides practical solutions for addressing energy efficiency as a clause term within a charter party contract. For this, upon a reflection of the regulatory craft, it analyzes key concepts of case law, and discusses them together with commercial and economic principles. In this way, the book aims at offering a comprehensive, interdisciplinary view of the chartering process, together with a new approach for safeguarding energy efficiency investments. A special emphasis is given to the maritime industry. Here, the newly developed framework, based on game theory, has been successfully applied to demonstrate the importance of including a clause term in contract negotiation to achieve protection against both an uncertain market and an even more challenging shipping environment. The book not only fills a gap in the literature, covering a topic that has been largely neglected to date, yet it offers researchers and practitioners extensive information to change the chartering process radically.
