Author: Fan and Yan Lin Yang
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description

Author: Patrick Griggs
Publisher: Taylor & Francis
ISBN: 1000285758
Category : Law
Languages : en
Pages : 661

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Book Description
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.

Author: Xia Chen
Publisher: BRILL
ISBN: 900448194X
Category : Law
Languages : en
Pages : 186

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Book Description
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.

Author: University of Southampton. Institute of Maritime Law
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 418

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Book Description

Author: Norman A. Martínez Gutiérrez
Publisher: Routledge
ISBN: 1136847472
Category : Business & Economics
Languages : en
Pages : 550

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Book Description
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.

Author: Patrick Griggs
Publisher:
ISBN: 9780785540991
Category :
Languages : en
Pages :

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Book Description

Author: International Maritime Organization
Publisher:
ISBN: 9789280116502
Category :
Languages : en
Pages :

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Book Description
The Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC 1976) was adopted at the International Conference on Limitation of Liability for Maritime Claims held in London, from 1 to 19 November 1976, at the Invitation of the Inter-Governmental Maritime Consultative Organization (IMCO), now International Maritime Organization (IMO). The LLMC 1976 entered into force on 1 December 1986 and, as at 31 March 2007, 51 States have become Parties to it. The Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976 (the 1996 LLMC Protocol) was adopted at the International Conference on Hazardous and Noxious Substances and Limitation of Liability, 1996, held in London, from 15 April to 3 May 1996, at the invitation of the International Maritime Organization (IMO). The LLMC 1976 Protocol entered into force on 13 May 2004 and, as at 31 March 2007, 25 States have become Parties to it. The Protocol provides for enhanced compensation, as well as for a simplified procedure for updating the limitation amounts. Article 9 of the LLMC 1976 Protocol requires inter alia that, as between the Parties thereto, the 1976 LLMC and the 1996 LLMC Protocol shall be read and interpreted together as one single instrument. This publication contains the texts of the 1976 Convention and the 1996 Protocol. For practical purposes, a consolidated text of the substantive provisions of the Convention as amended by the Protocol and amended limits of liability is included

Author: Barış Soyer
Publisher: Taylor & Francis
ISBN: 135102812X
Category : Law
Languages : en
Pages : 445

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Book Description
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.

Author: Liang Zhao
Publisher: Taylor & Francis
ISBN: 1317266455
Category : Law
Languages : en
Pages : 670

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Book Description
A comprehensive treatment of Chinese maritime law and judicial practice, this book covers both substantive law and procedure law of maritime law in mainland China. This is a professional book for both academics and practitioners in the field of maritime law. Including analysis of and comment on judicial practice from the Supreme People’s Court, Higher People’s Courts and ten maritime courts, as well as a whitepaper of Chinese maritime adjudication for 30 years (1984-2014), this brings to an English-speaking audience for the first time some of the most technical aspects of maritime law. It is therefore an invaluable resource for all those interested in maritime law in China.

Author: Andrew Chamberlain (Lawyer)
Publisher:
ISBN: 9781804490792
Category : Maritime law
Languages : en
Pages : 0

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Book Description