Third Party Liability Of Classification Societies
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Third Party Liability Of Classification Societies
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Author : Jürgen Basedow
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-03-30
Third Party Liability Of Classification Societies written by Jürgen Basedow 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 2006-03-30 with Law categories.
Classification societies are charged with the technical supervision of maritime shipping to enhance the safety of life and property at sea by securing high te- nical standards of design, manufacture, construction and maintenance of seagoing vessels. Each and every shipping catastrophe caused by a technical defect reminds the maritime world of the central importance of the vessel’s proper technical supervision. Correspondingly, the liability of classification societies has become a particularly discussed issue over the past years. Their contractual liability is usually limited by general terms and conditions incorporated in the classification rules and cases brought by typical contracting partners of classification societies, such as ship owners and ship yards, are not an issue in the current debate. H- ever, one can note a substantial worldwide increase of actions brought by parties who are not in privity with classification societies. This study focuses on third-party liability of classification societies. It ori- nates in an expert opinion on selected issues relating to third-party liability which the authors compiled for the German classification society Germanischer Lloyd AG. Driven by the highly interesting legal issues and unexplored shores in this area of law, we continued our research and are able to present a relatively c- prehensive overview on the law on third-party liability of classification societies. Given the origins of our work, the discussion of limitations of liability clauses is based on the standard terms and conditions of the Germanischer Lloyd, version 2005.
The Liability Of Classification Societies
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Author : Nicolai I. Lagoni
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-06-29
The Liability Of Classification Societies written by Nicolai I. Lagoni 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 2007-06-29 with Law categories.
Because the liability of ship owners is limited, classification societies have been considered as exempt from liability. This book analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or American maritime law. In addition, it develops the fundamental aspects of an international convention on the limitation of the liability of classification societies.
Third Party Certifiers
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Author : Jan De Bruyne
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-07-12
Third Party Certifiers written by Jan De Bruyne and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-12 with Law categories.
Third-Party Certifiers Jan De Bruyne Third-party certifiers are organisations that are independent a requesting entity. They attest that a product, service, information or person possesses certain qualifications or meets safety, quality or technical standards. This important book presents an in-depth analysis of the liability and obligations of certifiers, evaluates existing certification processes in selected fields and proposes new mechanisms which could increase the accuracy and reliability of certifiers’ ratings, marks or reports. Highlighting the risks of errors in this activity – inaccurate certification was a major factor in the global financial crisis of 2008 – the author takes a comparative approach, looking at the certification process in several European countries, Australia and the United States. Such aspects of the process as the following are thoroughly described: obligations and liability of certifiers during the certification process; risk of ‘information asymmetry’ between the requesting entity and the end user; and relationship between the civil liability of certifiers and public law aspects. The analysis includes detailed research on key industries and jurisdictions and a specific proposed framework for more accurate and reliable certification. Because the efficient and effective functioning of third-party certifiers is extremely important in today’s world – especially in such areas as health, the environment, safety or economic values – this deeply researched contribution to an important area of commercial law, combining analysis of current issues with proposed reforms, will be welcomed by practitioners when confronted with legal issues with regard to the certification process. The book’s conceptual framework will also prove highly useful for policymakers charged with developing reliable certification mechanisms.
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.
Ship Sale And Purchase
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Author : Matt Hannaford
language : en
Publisher: Taylor & Francis
Release Date : 2013-06-07
Ship Sale And Purchase written by Matt Hannaford and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-07 with Law categories.
Ship Sale and Purchase is an essential working guide for anyone involved in the business of making ship sale contracts and also in the resolution of related disputes. It continues to be of great practical use, highlighting typical problems and tensions between the parties to ship sale contracts, as well as best practice. This sixth edition contains a clause-by-clause commentary on SALEFORM 2012, the latest edition of the highly successful Memorandum of Agreement for the Sale and Purchase of Ships, issued by BIMCO and the Norwegian Shipbrokers Association. Key differences with the previous SALEFORM are described in order to help all involved get up to speed. Recent case law is evaluated to highlight contractual issues that have arisen in recent years and a comprehensive description of the many ways in which the standard form provisions may be modified to suit the particular requirements of each transaction. It provides complete coverage on the subject by including a practical overview of two other ship sale contracts, the current (1999) edition of Nipponsale and the first edition (2011) of the Singapore Ship Sale Form.
Marine Insurance At The Turn Of The Millennium
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Author : Marc Huybrechts
language : en
Publisher: Intersentia nv
Release Date : 2000-09-26
Marine Insurance At The Turn Of The Millennium written by Marc Huybrechts and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-09-26 with Business & Economics categories.
Both volumes present an in depth analysis of actual marine insurance relative to hull insurance, cargo insurance and P&I insurance. The impact of European law on marine insurance and, more specifically, European Competition Rules in relation to P&I insurance are covered. In addition, specific issues such as the future Belgian Marine Insurance statute and the Antwerp Marine Policy are dealt with. The subjects are covered in a broad comparative law perspective, combining practice and theory. Also topics such as the ISM code and its relation to marine insurance and the position of classification societies and quality insurance are considered.
Modern Maritime Law Volume 2
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Author : Aleka Mandaraka-Sheppard
language : en
Publisher: CRC Press
Release Date : 2013-12-17
Modern Maritime Law Volume 2 written by Aleka Mandaraka-Sheppard and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-17 with Law categories.
This unique title examines in depth issues of jurisdiction, maritime law and practice from a modern perspective and highlights the importance of risk management with a view to avoiding pitfalls in litigation or arbitration and minimising exposure to liabilities. The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities. The second volume tackles the substantive maritime law with a particular emphasis on risk and liabilities, and analyses issues of contract, tort and criminal law, causation and remoteness of damages. Key features of Volume Two include: An analysis of the regulatory regime, new EU and IMO safety at sea legislation, reforming practices for flag states and recognised organisations, vetting, codes of good practice, and International Conventions. An explanation of the Rules of attribution of liability, the impact of the ISM Code upon liabilities, including criminal, corporate manslaughter, and the new Directive for ship-source pollution. Important developments in areas including: Ship-managing risks, best endeavours and fiduciary duties Mortgagees risks and economic torts New BIMCO standard terms of contracts Ship-sale risks – including sale ‘as is’ and ‘as she was’ Shipbuilding risks – guarantees and performance bonds New trends on wrongful acts of employees, collisions and measure of damages, salvage issues, environmental salvage, and towage contracts Piracy risks cases and general average New perspectives on risks and liabilities of port authorities Pollution liabilities, including trends of prosecution of class societies and charterers and new limits of liability under International Conventions Purchase Volumes 1 and 2 of the Modern Maritime Law together for a reduced price at http://www.routledge.com/books/details/9780415843201/
Law Of Yachts Yachting
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Author : Richard Coles
language : en
Publisher: CRC Press
Release Date : 2013-07-31
Law Of Yachts Yachting written by Richard Coles and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-31 with Law categories.
The book is the first comprehensive treatise on the law relating to yachts and provides its readers with a thorough analysis of maritime law as relevant to the superyacht sector. Written by a team of leading yachting practitioners and researchers, it covers the legal issues arising during the life of a yacht. The book is written for the legal practitioner, yacht-broker and manager concerned with the operation of professionally crewed yachts including financing, registration, chartering, insurance, compliance and casualty management. Key Features - •This is the first and only practitioners’ book on the area •It covers all major aspects of yachting law in a single book •The Law of Yachts and Yachting is highly comprehensive - despite its main focus on contract and tort law, it contains references to public law and international law and practice •References to case law, English, foreign and international •Appendices containing essential source materials
Policy Within And Through Law
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Author : J. De Bruyne
language : en
Publisher: Maklu
Release Date : 2015-06-30
Policy Within And Through Law written by J. De Bruyne and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-30 with Law categories.
'Practising law, whether as a politician, a judge, a lawyer or an academic, is to a certain degree creating or influencing policy', Walter Van Gerven once wrote. This statement and many other similar or opposite statements make one wonder about the nature of the policies concerned, the identities of the decision makers and the rationale underlying those policies. On these and related questions PhD researchers from different Belgian law schools debated at the ACCA-conference held at Ghent University in May 2014. This book holds the fruits of those debates. Hence, the book contains concise contributions focusing on policy questions in matters related to various fields of law, such as environmental, constitutional, civil, social, criminal, procedural or EU law. It seeks to provide an insight into the interplay between legislators and administrative bodies on the one hand and judges and legal scholars on the other hand, bringing about the creation of a new policy or the adjustment or abolishment of an existing policy.
General Reports Of The Xviith Congress Of The International Academy Of Comparative Law
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Author : Katharina Boele-Woelki
language : en
Publisher: Eleven International Publishing
Release Date : 2007
General Reports Of The Xviith Congress Of The International Academy Of Comparative Law written by Katharina Boele-Woelki and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
This work contains the General Reports presented at the XVIIth Congress of the International Academy of Comparative Law (IACL), which was held in July 2006 in Utrecht. A wide variety of topics is covered in this collection, ranging from liability of judges to competition law. The book provides an interesting assessment of the development of comparative law in recent decades and shows the growing importance of comparative law in various disciplines of law.