Download or read book Limitation Of Liability in International Maritime Conventions written by Norman Martínez Gutiérrez and published by Routledge. This book was released on 2010-12-16 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Limitation of Liability for Maritime Claims written by Patrick Griggs and published by Taylor & Francis. This book was released on 2020-11-25 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book International Maritime Conventions Volume 2 written by Francesco Berlingieri and published by CRC Press. This book was released on 2014-10-17 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Download or read book The Law of Carriage of Goods by Sea written by Arun Kasi and published by Springer Nature. This book was released on 2021-09-01 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written in three parts, covers the basics of the international trade, financing and the legal framework related to the law of carriage of goods by sea, elaborates on bills of lading in depth and sea waybills and ship’s delivery orders in brief and charterparties in depth. While the book is based on the English law, cases and materials from other jurisdictions, particularly Singapore, Malaysia, India, the USA, and Australia are brought in to provide an international perspective. The practical analyses, commentary and critiques of cases would be a useful guide for practitioners in developing case arguments. Although written with practitioners, academicians and students in mind, the book will also serve as a useful guide for sea carriers, freight forwarders, international traders, financiers, etc. as the complex subject is presented in reader-friendly and easy to grasp manner.

Download or read book Shipowners Limitation of Liability written by Miguel Correia and published by Kluwer Law International B.V.. This book was released on 2013-01-06 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book refines the features of a variety of different common law and civil law systems down to a recognizable standard CIT system, identifying in the process the system’s core strengths and problems, as well as the factors that determine its impact on corporate behavior. The author offers insightful perspectives on such crucial issues as the following: corporate group members versus corporate groups as taxable entities; anti-abuse rules and developments in judicial anti-abuse doctrines; costs associated with, e.g., valuation of assets, compliance, and administration; how certain core CIT concepts are independent of tax law; efficiency, equity, and the protection of existing property rights; the firm’s reaction to behavioral control instruments; limitations on the use of losses; depreciation and amortization rules; manipulation of legal characterization; and transfer of assets and income. The work has an interdisciplinary approach drawing on the literatures of tax law, economics, corporate law, accounting, and business management. It concludes with a set of policy guidelines that should be considered when approaching the traditionally cumbersome interaction between tax systems and corporate groups. Especially valuable to the practitioner are the book’s extensive graphic design solutions illustrating the subtleties of the operation of corporate tax laws. Analyzing the taxation of corporate groups in a user-friendly form not available in any other source, this book greatly enhances the development of advanced tax planning methods that do not disrupt the economic operation of businesses. Its comprehensive conceptual framework will greatly facilitate the work of those, from practitioners to researchers, interested in developing a practical approach to corporate income taxation applicable at a global level.

Download or read book The Liability of Classification Societies written by Nicolai I. Lagoni and published by Springer Science & Business Media. This book was released on 2007-06-29 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Maritime Labour Convention 2006 written by Moira McConnell and published by Martinus Nijhoff Publishers. This book was released on 2011-05-23 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a detailed legal analysis of the fourth pillar of the international maritime regulatory regime, the comprehensive Maritime Labour Convention, 2006, and its provisions to achieve decent work for seafarers and a level playing field for shipowners.

Download or read book Limitation of Liability for Maritime Claims written by Xia Chen and published by BRILL. This book was released on 2021-11-29 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Limitation of liability for maritime claims is an important system for the shipping industry. The original rationale for such a system was to encourage the shipping enterprise. However, in our today's much changed world, the system has been under severe attack and has been described as `hopelessly anachronistic'. Yet, the debate over repeal or retention of the system is far from settled. This book traces the history and development of limitation law around the world. It compares various limitation laws in operation under different legal regimes. In particular, it analytically scrutinizes the limitation systems under U.S. law, Chinese law and international conventions. It explores the possibility of international uniformity of maritime limitation law and points out that complete uniformity will not be achieved unless the United States joins the international community. It concludes that although there is a need for reform of the system, limitation of liability for maritime claims is here to stay. This book also thoroughly examines the limitation system under the Chinese legal regime through comparison with U.S. law and in the context of international conventions. Both practitioners and academic scholars will find this book helpful in understanding Chinese law in general and Chinese maritime limitation of liability in particular.

Download or read book Shipping Law written by Martin Davies and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Fifth Edition of this well-respected text on Australian maritime law reflects captures the many developments that have occurred since the last edition published in 2016 and includes comparative reference to English and American law. It considers three fundamental developments that will change the whole environment of shipping over the next decade: Impacts of new technology on the way ships operate and on international carriage, particularly how the advent of blockchain technology has facilitated the use of electronic negotiable bills of lading; The rapid development of autonomous and remotely-controlled vessels and the way this impacts existing international conventions; and Amendment of the MARPOL convention to apply to carbon emissions effective from 2023, with legally enforceable targets for carbon reduction that have to be met by 2030. Other new developments include: Case law on cross-border insolvency, arising from the impacts of the Cross-Border Insolvency Act 2008 (Cth) on maritime liens; The 2016 decision by the Full Court of the Federal Court on recognition of foreign maritime liens, in Reiter Petroleum v Ship Sam Hawk; The 2018 decision by the NSW Court of Appeal relating to "house" bills of lading issued by freight forwarders, in Cro Solutions Pty Ltd v Australia Capital Financial Management Pty Ltd; Multiple decisions on ship registration, arising from Re Coco Saba Pty Ltd, Motor Yacht Sales Australia Pty Ltd v Megisti Yacht Charters Ltd, and Mentink v Registrar of Australian Register of Ships; The 2018 decision by the Federal Court in The Thor Commander affecting several areas, including the passing of rights under straight bills of lading, seaworthiness obligations under voyage charterparties, bills of lading, and salvage; The question of incorporating charterparty terms into bills of lading; and Divergence between Australian and UK law on matters of marine insurance."--

Download or read book Twenty third meeting written by Liverpool Domestic Mission Society (LIVERPOOL) and published by . This book was released on 1860 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Download or read book Drafting International Contracts written by Marcel Fontaine and published by BRILL. This book was released on 2015-03-31 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting International Contracts is an essential resource for anyone working in international business. The book is a straightforward, easy-to-use tool featuring all the latest trends and developments, including a summary of 25 years of meetings and discussions of the International Contracts Working Group, comprised of professional lawyers, corporate counsel, and academics. It offers a systematic analysis of the main clauses present in international contracts, providing abundant quotations of actual clauses, with critical assessments. The book fosters an understanding of how international contracts are drafted in actual practice. Published under the Transnational Publishers imprint.

Download or read book Guidelines on Fatigue written by International Maritime Organization and published by IMO Publishing. This book was released on 2002 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: To assist in the development of a marine safety culture by addressing the issue of fatigue, the IMO has developed practical guidance to assist interested parties to better understand and manage the issue of "fatigue".

Download or read book The Professional Salvor s Liability in the Law of Negligence and the Doctrine of Affirmative Damages written by Miso Mudric and published by LIT Verlag Münster. This book was released on 2013 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The research in this book examines the issue of professional salvor's liability for damage caused due to negligent performance of salvage services. Analysis is focused on the relevant international law (1989 Salvage Convention, 1976 LLMC Convention, and the 1992 CLC Convention), the (professional) liability provisions of the chosen number of jurisdictions (England/Wales, Germany, France, and the US), the standard salvage contract forms, the standard of care, the relevant salvage case law, the sanctions for poor or non-performance, and the methods of calculating the limitation of liability. (Series: Writings on Maritime and Port Law / Schriften zum See- und Hafenrecht - Vol. 20)

Download or read book The IMLI Manual on International Maritime Law written by David Joseph Attard and published by Oxford University Press. This book was released on 2014 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact." --

Download or read book Compendium of Maritime Labour Instruments written by and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: