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Author: Duygu Damar Publisher: Springer Science & Business Media ISBN: 3642215092 Category : Law Languages : de Pages : 333
Book Description
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.
Author: Duygu Damar Publisher: Springer Science & Business Media ISBN: 3642215092 Category : Law Languages : de Pages : 333
Book Description
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.
Author: Chia-Jui Cheng Publisher: BRILL ISBN: 9004345140 Category : Law Languages : en Pages : 1281
Book Description
Studies in International Air Law: Selected Works of Bin Cheng brings together for the first time the most influential of his many significant works. The selected essays, collected by editor Professor Cheng Chia-Jui, provide a comprehensive survey of international air law, authoritative and pioneering analyses of international air transport, the legal status of aircraft and crimes on board and against aircraft and air carrier’s liability. Widely acknowledged as the "Father of International Air Law,” Studies in International Air Law reveals the author’s enormous contributions to the science of air law along with his extraordinary intellectual and analytical spirit.
Author: Malcolm A. Clarke Publisher: CRC Press ISBN: 1317915585 Category : Law Languages : en Pages : 979
Book Description
Now in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style. This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including: New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case The concept of the "wilful misconduct" in failure to guard the vehicle Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG It also provides new coverage of the impact of e-commerce on road haulage. This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.
Author: Louis Flannery Publisher: ISBN: 9780414027879 Category : Comparative law Languages : en Pages : 278
Book Description
There is an increasing demand for advice regarding the legal framework applicable to frauds in foreign jurisdictions. This book provides a single starting point of reference for clients and advisers relating to international civil fraud.
Author: David Joseph Attard Publisher: Oxford University Press ISBN: 0199683948 Category : Law of the sea Languages : en Pages : 657
Book Description
"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." --
Author: Sarah Fiona Gahlen Publisher: Springer ISBN: 3662455552 Category : Law Languages : en Pages : 440
Book Description
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.
Author: Simon Baughen Publisher: Routledge ISBN: 1134010745 Category : Law Languages : en Pages : 721
Book Description
Shipping Law covers the whole spectrum of English shipping law. It takes a structured and integrated approach to the highly specialised rules of shipping, which are placed in their commercial context and related to the general principles of English contract and tort law. The fourth edition has been expanded in many areas, to take into account developments such as the 2007 Wreck Removal Convention and the Rotterdam Rules on contracts for the international carriage of goods wholly or partly by sea. In-depth analysis is provided of recent important judicial decisions, such as that of the European Court of Justice in Owusu v Jackson; those of the House of Lords in The Jordan II, The Achilleas, The Rafaela S and The Golden Victory; and those of the Court of Appeal in The CMA Djakarta and The Tropical Reefer. This book provides an invaluable source of reference on the subject and will be of use to both students and to those in practice.
Author: Francesca Pellegrino Publisher: Springer Nature ISBN: 303023178X Category : Law Languages : en Pages : 161
Book Description
This book reviews and critically analyzes the current legal framework with regard to a more just culture for the aviation sector. This new culture is intended to protect front-line operators, in particular controllers and pilots, from legal action (except in the case of willful misconduct or gross negligence) by creating suitable laws, regulations and standards. In this regard, it is essential to have an environment in which all incidents are reported, moving away from fears of criminalization. The approach taken until now has been to seek out human errors and identify the individuals responsible. This punitive approach does not solve the problem because frequently the system itself is (also) at fault. Introducing the framework of a just culture could ensure balanced accountability for both individuals and complex organizations responsible for improving safety. Both aviation safety and justice administration would benefit from this carefully established equilibrium.
Author: Simon Baughen Publisher: Routledge ISBN: 1136329269 Category : Law Languages : en Pages : 676
Book Description
Shipping Law covers the whole spectrum of English shipping law and is the only student text to address both wet and dry shipping law matters. It takes a structured and integrated approach to the highly specialised rules of shipping, which are placed in their commercial context and related to the general principles of English contract and tort law. This fifth edition offers a brand new section on arbitration, as well as detailed consideration of recent developments in law from the LOF 2011 and the 2010 Protocol to the HNS Convention. With in-depth commentary and analysis on recent important judical decisions of the Supreme Court in The Cendor Mopu, and of the Court of Appeal in The Eternity, The Wadi Sudr, The Kos, and The Eagle Valencia, this textbook presents fully-to-date and well-balanced coverage of key cases and is an essential reference source for both students and those in practice.
Author: Donald James Hill Publisher: Routledge ISBN: 1351571656 Category : Law Languages : en Pages : 590
Book Description
This new book has been completely revised and updated to provide a guide to the workings of the Convention on the Contracts for the International Carriage of Goods by Road. The text takes an article by article approach, discussing the relevant English and European case law to illustrate how the courts interpret the convention in practice.
Author: Duygu Damar
Author: Duygu Damar
Author: Chia-Jui Cheng
Author: Malcolm A. Clarke
Author: Louis Flannery
Author: David Joseph Attard
Author: Sarah Fiona Gahlen
Author: Simon Baughen
Author: Francesca Pellegrino
Author: Simon Baughen
Author: Donald James Hill