Limitation Of Shipowner S Liability And Compulsory Insurance Of Passengers

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Limitation Of Shipowner S Liability And Compulsory Insurance Of Passengers

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Author : W. R. Bisschop
language : en
Publisher:
Release Date : 1927

Limitation Of Shipowner S Liability And Compulsory Insurance Of Passengers written by W. R. Bisschop and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1927 with Insurance, Marine categories.

Effects Of Insurance On Maritime Liability Law

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Author : Muhammad Masum Billah
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-01-07

Effects Of Insurance On Maritime Liability Law written by Muhammad Masum Billah and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-07 with Law categories.

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.

The Limitation Of Shipowners Liability

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Author : University of Southampton. Institute of Maritime Law
language : en
Publisher:
Release Date : 1986

The Limitation Of Shipowners Liability written by University of Southampton. Institute of Maritime Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Law categories.

Limitation Of Liability In International Maritime Conventions

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Author : Norman A. Martínez Gutiérrez
language : en
Publisher: Routledge
Release Date : 2010-12-16

Limitation Of Liability In International Maritime Conventions written by Norman A. Martínez Gutiérrez and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-16 with Business & Economics categories.

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.

Shipowners Limitation Of Liability

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Author : Barnabas Reynolds
language : en
Publisher:
Release Date : 2012

Shipowners Limitation Of Liability written by Barnabas Reynolds and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Contracts, Maritime categories.

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.

The Law And Practice Of Marine Insurance

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Author : Howard B. Hurd
language : en
Publisher:
Release Date : 1930

The Law And Practice Of Marine Insurance written by Howard B. Hurd and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1930 with Collisions at sea categories.

Limitation Of Liability For Maritime Claims

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Author : Patrick Griggs
language : en
Publisher: L L P
Release Date : 1998

Limitation Of Liability For Maritime Claims written by Patrick Griggs and has been published by L L P this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.

This is a treatment of the Convention on an article by article basis, and an analysis of the relevant case law.

Limitation Of Liability Of Shipowners

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Author : Narmada Khodie
language : en
Publisher:
Release Date : 1977

Limitation Of Liability Of Shipowners written by Narmada Khodie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Contracts, Maritime categories.

Limitation Of Shipowners Liability In Korea

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Author : Hyun Kim
language : en
Publisher:
Release Date : 1990

Limitation Of Shipowners Liability In Korea written by Hyun Kim and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Convention on Limitation of Liability for Maritime Claims categories.

Compulsory Liability Insurance For Shipowners

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Author : Patrick Griggs
language : en
Publisher:
Release Date : 1998

Compulsory Liability Insurance For Shipowners written by Patrick Griggs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Marine insurance categories.