The Carrier S Liability Under International Maritime Conventions


The Carrier S Liability Under International Maritime Conventions
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The Carrier S Liability Under International Maritime Conventions


The Carrier S Liability Under International Maritime Conventions
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Author : Hakan Karan
language : en
Publisher: Edwin Mellen Press
Release Date : 2004

The Carrier S Liability Under International Maritime Conventions written by Hakan Karan and has been published by Edwin Mellen Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.


Carriers who assume an obligation to carry cargo from one place to another by sea are the only ones in a position to prevent loss or damage to the cargo, and so by rights assume a degree of liability for its safety. Such liability is defined in the three maritime transport regimes, adopted respectively in 1924, 1968, and 1992. A practicing attorney and consultant to the Turkish Ministry of Foreign Affairs, Karan (law, Ankara U.) explores the liability principles that should be uniformly accepted or rejected for legal reasons, limiting his discussion to legal aspects of the international carriage of goods by sea as covered by the relevant sections of the three conventions. The text is double spaced. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).



Carrier S Liability Under The Hague Hague Visby And Hamburg Rules


Carrier S Liability Under The Hague Hague Visby And Hamburg Rules
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Author : Sze Ping-fat
language : en
Publisher: BRILL
Release Date : 2021-10-05

Carrier S Liability Under The Hague Hague Visby And Hamburg Rules written by Sze Ping-fat and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-05 with Law categories.


This volume provides a critical analysis of the carrier's liability under both the Hague/Hague-Visby and Hamburg Rules. It also considers the question of whether or not the Hamburg Rules introduce a different liability regime and materially increase the carrier's liability vis-à-vis the Hague/Hague-Visby Rules. Focusing on Australian and English jurisprudence, the work demonstrates that, quite contrary to prevailing opinions, the Hamburg Rules do not significantly change the carrier's existing liability. Indeed, in a number of areas, the legal position of the carrier is ameliorated. On the basis that both international conventions do not differ materially in terms of practical legitimacy, concludes the author, it makes no fundamental difference whatsoever, within the general context of carrier liability, whether one convention or the other is adopted. This scholarly publication will be of particular interest to practising lawyers, law professors and students as well as professionals engaged in maritime transport.



The Function Of Protection Indemnity Marine Insurance In Relation To Ship Owner S Liability For Cargo Claims


The Function Of Protection Indemnity Marine Insurance In Relation To Ship Owner S Liability For Cargo Claims
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Author : Joseph Tshilomb JK, LLM;MSc
language : en
Publisher: AuthorHouse
Release Date : 2016-03-04

The Function Of Protection Indemnity Marine Insurance In Relation To Ship Owner S Liability For Cargo Claims written by Joseph Tshilomb JK, LLM;MSc and has been published by AuthorHouse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-04 with Technology & Engineering categories.


In the early days of shipping and international maritime trade many more casualties occurred at sea. Ever since, ship owners liability for cargo claims has been increasing both in number and in cost in spite of the huge technical development in international maritime transport. In order to make it easier for ship owners to operate safely and efficiently the Protection and Indemnity appeared around 1870 as mutual marine insurance. Besides Hull & Machinery and Cargo Insurance offered on the international commercial market in insurance, Protection and Indemnity Insurance (known under the acronym P&I) is a ship owners insurance cover for legal liabilities to third parties. This cover is generally achieved by entering the ship in a mutual insurance club. Nowadays, the mutuality is performed by an underwriter who endeavors to see that each owner carries his fair share of the risk. The members of P&I clubs are ship owners, charterers or ship management companies. At present, a major function of the Protection and Indemnity insurance is to cover the ship owner for legal and contractual liability for loss of cargo or damage to cargo if there has been a breach of the carriage contract. This liability is called Third party liability. The ship owner will handover the cargo claim to his P&I Club. In order to clarify this liability, Article 3, Paragraph 2 of the Hague Visby rules stipulates: Subject to the provisions of Article 4 the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried. Therefore, the focus in this research study is placed on the function of Protection and Indemnity insurance covering the ship owners liability for damage to cargo or loss of cargo.



Limitation Of Liability In International Maritime Conventions


Limitation Of Liability In International Maritime Conventions
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Author : Norman Martínez Gutiérrez
language : en
Publisher: Routledge
Release Date : 2010-12-16

Limitation Of Liability In International Maritime Conventions written by Norman 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.


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.



Intermodal Transportation And Carrier Liability


Intermodal Transportation And Carrier Liability
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Author : R. Asariotis
language : en
Publisher:
Release Date : 1999

Intermodal Transportation And Carrier Liability written by R. Asariotis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Carriers categories.


"This study was co-funded by the European Commission, Directorate-General for Transport (DG VII).



International Maritime Conventions Volume 2


International Maritime Conventions Volume 2
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Author : Francesco Berlingieri
language : en
Publisher: CRC Press
Release Date : 2014-10-17

International Maritime Conventions Volume 2 written by Francesco Berlingieri and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-17 with Law categories.


For the first time, this unique text brings together all private international maritime law conventions alongside expert commentary and analysis. Truly global in approach, the book covers each of the nineteen conventions currently in force, all scrutinised by this internationally-acclaimed author. It also examines important maritime conventions not yet fully ratified, including the topical Rotterdam Rules. This comprehensive resource provides a thorough treatment of both wet and dry shipping treaties, combining breadth of coverage with depth of analysis. In this second volume, the author covers the key conventions dealing with collision, salvage, maritime liens and mortgages, arrest of ships, and limitation of liability. In particular, the author covers: International Convention for the unification of Certain Rules of Law with respect to Collision between Vessels, 1910 International Convention on certain Rules Concerning Civil Jurisdiction in Matters of Collision, 1952 International Convention for the Unification of Certain Rules Relating to Penal Jurisdiction in Matters of Collision or Other Incidents of Navigation, 1952 International Convention for the Unification of Certain Rules of Law Relating to Assistance and Salvage at Sea, 1910 International Convention on Salvage, 1989 International Convention for the Unification of Certain Rules Relating to Maritime Liens and Mortgages, 1926 International Convention on Maritime Liens and Mortgages 1993 International Convention relating to the Arrest of Sea-Going Ships, 1952 International Convention on Arrest of Ships, 1999 International Convention Relating to the Limitation of Liability of Owners of Sea-Going Ships, 1957 and Protocol of 21 December 1979 International Convention on Limitation of Liability for Maritime Claims, 1976 and Protocol of 1996 This book is an indispensable reference for maritime lawyers, academics and students of maritime law worldwide.



The Obligations Of The Carrier Regarding The Cargo


The Obligations Of The Carrier Regarding The Cargo
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Author : Ilian Djadjev
language : en
Publisher: Springer
Release Date : 2017-08-22

The Obligations Of The Carrier Regarding The Cargo written by Ilian Djadjev and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-22 with Law categories.


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).



The Due Diligence In Maritime Transportation In The Technological Era


The Due Diligence In Maritime Transportation In The Technological Era
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Author : Víctor Hugo Chacón
language : en
Publisher: Springer
Release Date : 2017-10-08

The Due Diligence In Maritime Transportation In The Technological Era written by Víctor Hugo Chacón and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-08 with Law categories.


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



Limitation Of Liability For Maritime Claims


Limitation Of Liability For Maritime Claims
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Author : Patrick Griggs
language : en
Publisher: Taylor & Francis
Release Date : 2020-11-25

Limitation Of Liability For Maritime Claims written by Patrick Griggs and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-25 with Law categories.


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.



International Maritime Conventions Volume 1


International Maritime Conventions Volume 1
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Author : Francesco Berlingieri
language : en
Publisher: CRC Press
Release Date : 2014-05-09

International Maritime Conventions Volume 1 written by Francesco Berlingieri and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-09 with Law categories.


For the first time, this unique text brings together all private international maritime law conventions alongside expert commentary and analysis. Truly global in approach, the book covers each of the nineteen conventions currently in force, all scrutinised by this internationally-acclaimed author. It also examines important maritime conventions not yet in force, including the topical Rotterdam Rules. Split into three convenient volumes, this comprehensive resource provides a thorough treatment of both wet and dry shipping treaties, combining breadth of coverage with depth of analysis. In this first volume, the author covers conventions dealing with the Carriage of Goods and Passengers by Sea, in particular: - International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924 and its Protocol of 1968 and 1979 (Hague-Visby Rules) - United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules) - United Nations Convention on the International Carriage of Goods wholly or Partly by Sea, 2008 (Rotterdam Rules) - Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 as amended by its Protocol of 2002 (Athens Convention) This book is an indispensable reference for maritime lawyers, academics and students of maritime law worldwide.