Download or read book Civil Liability for Accidents at Sea written by Sarah Fiona Gahlen and published by Springer. This book was released on 2015-02-24 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a study on civil liability for accidents at sea, with a focus on the interests of parties that are not contractually participating in the maritime enterprise. Shipping and the maritime offshore industry are among the most international businesses in the world, and the operation of ships and facilities at sea can involve very different interests in a wide variety of relationships. Although there is an international legal framework that covers the most frequent types of cases, questions remain regarding the interplay of international and national legislation. Addressing those questions, the first part of this study analyses the rules and the limits of international regulation applicable at sea, namely regarding compensation for pollution damage. The second part focuses on the jurisdictional rules and conflict-of-law rules that may be used to deal with cases beyond the scope of international legislation, in accordance with the law of the sea.
Download or read book Marsden on Collisions at Sea written by Reginald Godfrey Marsden and published by Sweet & Maxwell. This book was released on 2003 with total page 1068 pages. Available in PDF, EPUB and Kindle. Book excerpt: Helps the reader keep abreast with the developments in Personal Injury, covering the cases, statutes and regulations, with their implications for practitioners. Providing analysis and summaries of PI cases, this book also gives the reader expert guidance on personal injury law with articles written by both claimants and defendants
Download or read book Civil Liability for Marine Oil Pollution Damage written by Wang Hui and published by Kluwer Law International B.V.. This book was released on 2011-09-15 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This remarkable book – the first in-depth examination of the civil liability regime for marine oil pollution damage from a law and economics perspective – examines the efficiency and effectiveness of the regime, with particular attention to whether it is in fact designed in the public interest or merely a distribution of risks and costs among interested parties. The question is asked: does the liability system give the potential polluter incentives to take precautionary measures to avoid pollution or to reduce the possibility of pollution? The international regime on civil liability for marine oil pollution rests on the International Convention on Civil Liability for Oil Pollution Damage (CLC) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund Convention). However, the world’s biggest oil consumer and importer – the United States – has ratified neither, preferring its own Oil Pollution Act of 1990 (OPA), and China – currently the world’s second oil-consuming country – has not ratified the Fund Convention. Thus it is reasonable to compare the three regimes – international, US, and China – as such a comparative study may reveal some advantages or disadvantages among the three systems. Among the issues raised and tackled head-on by the author are the following: whether the contents of international conventions can be considered as the result of the influence of the various interest groups involve; overview of the regulations of marine pollution; technical standards, rules for operation, professional criteria; to what extent a state may take action against trans-boundary polluting activities; what liability a state may incur for non-action or non-effective action; significance for liability of the charter-party, generally considered the evidence of the hire of a ship, and the bill of lading, considered the evidence of the contract of carriage of goods by sea; the crucial role of the so-called ‘International Group’ of 13 Protection and Indemnity (P & I) Clubs, non-profit organizations specializing in liability insurance; the main international players – the International Maritime Organization (IMO), the Comité Maritime International (CMI), and industry organizations such as INTERTANKO and the Oil Companies International Marine Forum (OCIMF); the particular regime on offshore facility pollution liability in the United States; port state control; criminal liability; and EU and other regional initiatives. In addition, a detailed study of the Erika case reveals some of the rationale for many of the persistent features of marine pollution liability regimes. The well-thought-out legal and economic analysis provided in this book, along with its clearly stated policy recommendations and constructive perspectives for future development of the liability system, will be immeasurably valuable to lawyers and policymakers active in this highly visible area of international law.
Download or read book Civil Liability for Bunker Oil Pollution Damage written by Dan Malika Gunasekera and published by Peter Lang. This book was released on 2010 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the liability conventions brought into existence by the International Maritime Organization and concentrates on the newly adopted instrument dealing with bunker oil pollution as an area of great concern for every stakeholder involved in shipping business. The work covers a wide spectrum ranging from the Convention itself to its scope of application, liable and aggrieved parties, jurisdiction, requirements of liability and admissibility of claims, defences and exoneration from liability. It addresses many areas of interest and of importance to international and national legal advisors, lawyers, law students and anyone interested in the relevant field such as shipowners, charterers, shipbrokers, ship personnel and associated contractors and sub-contractors.
Download or read book Liability for Damage to the Marine Environment written by Colin M. de la Rue and published by . This book was released on 1993 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite widely-accepted international systems of liability for pollution damage to the marine environment, uniformity is far from being achieved. This book is based on the papers delivered at the CMI seminar on liability for pollution damage. The purpose of the seminar was to take stock of the legal position worldwide as a prelude to discussions on unification of laws relating to the admissibility and assessment of claims. Among the main issues addressed are - oil pollution prevention and response, the effectiveness of present compensation methods, the importance of recent protocols to the compensation conventions, the ramifications of OPA 90, the underwriting of oil pollution risks and the need for an international convention on hazardous and noxious substances. These issues are covered by a broad range of international experts.
Download or read book Pollution at Sea written by Baris Soyer and published by Taylor & Francis. This book was released on 2013-06-07 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sharp, informed and thoroughly practical guide to contemporary and developing issues relating to sea pollution, prepared by leading academics and practitioners with everyday hands-on experience. Pollution at Sea focuses on a number of the vital private law issues – compensation, insurance, contract and tort – thrown up by contemporary developments in the law of pollution. The book also intends to offer a critical analysis on emerging public law concepts, such as the legal position of seafarers from the perspective of criminal law in cases of pollution and the impact of port state control as a pollution control mechanism. Pollution at Sea is divided into three parts: 1. Private Law Liability Regimes 2. Rights and Liabilities of Particular Parties 3. The Impact of Public Law on the Actors Concerned In part 1; various liability regimes are dissected, including those which have been under the spotlight in recent years. This section has particular international appeal, and many of the regimes discussed are based at least in part on international conventions, agreements or practices. In part 2; the impact of pollution at sea on third parties is considered, with respect to the legal position of parties that might be perused either by the victims of pollution incidents or in some cases by the parties liable by way of a recourse action. Finally in part 3; recent relevant developments, particularly in the realm of public law are covered.
Download or read book Liability in Collisions Between Vessels written by United States. Congress. Senate. Committee on Commerce. Subcommittee on Merchant Marine and Fisheries and published by . This book was released on 1962 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers (87) S. 2313, (87) S. 2314.
Download or read book Liability for Oil Pollution and Collisions written by Z. Oya Özçayir and published by . This book was released on 1998 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Collision at Sea written by Samir Mankabady and published by North Holland. This book was released on 1987 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book adopts a new scientific and practical approach in dealing with the law of collision at sea. It begins with a chapter on the navigational rules and then proceeds to a detailed coverage of the collision rules with reference to the relevant cases which are illustrated by sketches. Collision may give rise to other incidents and claims such as pollution, general average, salvage award, etc. A separate chapter is devoted to these claims. Another chapter is concerned with the criminal liability of the Master and the Shipowner. The last chapter describes the jurisdiction of the British Admiralty Court, choice of law, the procedures of the Court and the various remedies such as arrest, rearrest and the MAREVA injunction. The impact of new technology is carefully analysed, such as in the use of electronic charts, the use of Automatic Radar Plotting Aids (ARPA), and the effect of the introduction of Vessel Traffic Services (VTS) on collision incidents and the liability of the Master.
Download or read book Limitation of Liability in International Maritime Conventions written by Norman A. Martínez Gutiérrez and published by Routledge. This book was released on 2010-12-16 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Benedict on Admiralty written by Erastus Cornelius Benedict and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Benedict on Admiralty is the most complete research tool in the field. All the materials you need to practice maritime law are in this one set, including:concise discussion of every current issueexplanations of court opinions and their implicationsreprints of hard-to-find primary source materialcharter parties and clausestreaties; admiralty rulesmarine insurance formspractice and procedure forms on a variety of maritime issuesBenedict on Admiralty provides indices, a comprehensive index to the entire set, detailed tables of contents, charts and tables ideally suited to admiralty law practice. You'll find all text discussion, cases and documents applicable to your case in one quick glance.
Download or read book A Treatise on the Law of Collisions at Sea written by Reginald Godfrey Marsden and published by . This book was released on 1880 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Joint ILO IMO Ad Hoc Expert Working Group on Liability and Compensation Regarding Claims for Death Personal Injury and Abandonment of Seafarers written by International Labour Organisation. Joint Maritime Commission and published by International Labour Organization. This book was released on 2001 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Collisions at Sea written by Harry Hirst and published by Xlibris Corporation. This book was released on 2021-01-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been over forty years now since the present International Regulations for Preventing Collisions at Sea—the Collision Regulations—came into force. It’s been over forty years in which there have been considerable technological improvements in ship design and equipment. Despite these improvements, however, mariners are still having collisions; and marine lawyers are still being called upon to settle liability for these collisions. Understanding how the courts interpret the Collision Regulations and apportion liability, therefore, will benefit both the mariner and the marine lawyer and all those involved in teaching the rules and investigating the causes of collisions at sea. This book is for you.
Download or read book Maritime Liabilities in a Global and Regional Context written by Bar?? Soyer and published by Taylor & Francis. This book was released on 2018-09-20 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 13th International Colloquium at Swansea Law School in September 2017. Written by a combination of top academics and highly-experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding maritime liabilities. The book is set out in two parts: - Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities - Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.
Download or read book Warranty of Seaworthiness written by United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Merchant Marine and published by . This book was released on 1961 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pt. 1 Considers H.R. 207, to nullify shipowner liability to longshoremen based on warranty of seaworthiness; pt. 2 Continuation of hearings on H.R. 207, to limit vessel owners' liability in longshoremen's third party suits based on breach of seaworthiness warranty.
Download or read book Marsden on Collisions at Sea written by Reginald Godfrey Marsden and published by . This book was released on 1998 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a complete reference source for the law relating to collisions at sea, this text aims to guide practitioners seeking an authoritative statement of the law and practice in this area. As in previous editions coverage includes contract, tort, statute and criminal liability as well as specific chapters on damages, costs, shipping inquiries and salvage. Appendices contain technical data and a selection of pleadings.
