Limitation of Shipowner's Liability and Fishing Vessel Insurance and Safety PDF Download

Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Merchant Marine
Publisher:
ISBN:
Category : Fishing boats
Languages : en
Pages : 829

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Author: National Research Council
Publisher: National Academies Press
ISBN: 0309043794
Category : Technology & Engineering
Languages : en
Pages : 303

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Book Description
In response to a continuing high loss of commercial fishing vessels and crews, the U.S. Congress has mandated development of new safety requirements for the industry. This volume provides a blueprint for an integrated national safety program that responds realistically to industry conditions, with priority on the most cost-effective alternatives. Fishing Vessel Safety addresses the role of the U.S. Coast Guard and the fishing industry and evaluates such safety measures as vessel inspection and registration, and the training and licensing of fishermen. It explores vessel condition, the role of human behavior, the problem of weather prediction, the high cost of insurance, and more.

Author: Food and Agriculture Organization of the United Nations
Publisher: Food & Agriculture Org.
ISBN: 9251322066
Category : Law
Languages : en
Pages : 119

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This circular summarizes the findings of an FAO assessment of legal frameworks in five Caribbean countries (Barbados, Dominica, Saint Kitts and Nevis, Saint Vincent and the Grenadines and Trinidad and Tobago) in terms of entry points for introducing fishing vessel insurance. It also contains an overview of international conventions governing marine insurance and examples of mandatory fishing vessel insurance legislation from selected countries. The origins of compulsory third party liability insurance in the maritime industry and its introduction in international instruments (e.g. the Bunkers Convention, the Wreck Removal Convention, and the EU Directive 2009/20/EC) are discussed. The benefits of introducing compulsory third party liability insurance for everyone involved in the fisheries industry (claimants, shipowners, and society in general) in line with those in the merchant shipping industry are presented. Model regulations to facilitate introduction of compulsory third party liability insurance for fishing vessels are provided, as well as information to support fishers’ awareness raising and capacity building on this subject. This circular also contains the proceedings of a Stakeholder Meeting on Fisheries Insurance Legislative Frameworks for the Caribbean, held on 15 November 2019 in Barbados, where the assessment findings, best-practices and model regulations were presented. The circular makes a case for introduction of compulsory third party liability insurance for fishing vessels in the Caribbean, and claims that such insurance contributes to improving the working conditions of fishers, their safety and to responsible fishing practices.

Author: Miguel Correia
Publisher: Kluwer Law International B.V.
ISBN: 9041148485
Category : Law
Languages : en
Pages : 391

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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.

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: United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on Merchant Marine
Publisher:
ISBN:
Category : Fishing boats
Languages : en
Pages : 128

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Author: United States. Congress. Senate. Commerce
Publisher:
ISBN:
Category :
Languages : en
Pages : 388

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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: Bevan Marten
Publisher: Springer Science & Business Media
ISBN: 3319003518
Category : Law
Languages : en
Pages : 282

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Book Description
This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states’ attempts to regulate aspects of a vessel’s structure or equipment, or even certain activities that may take place before a vessel’s arrival in port. The author argues that examples of unilateral measures being imposed by way of port state jurisdiction are growing, and that without active protests from flag states this concept will continue to expand in scope. As international law currently presents very few restrictions on the actions of ambitious port states, such developments may have a significant impact on the future of international maritime regulation.​

Author: Van Anrooy, R., Espinoza Córdova, F., Japp, D., Valderrama, D., Gopal Karmakar, K., Lengyel, P., Parappurathu, S., Upare, S., Tietze, U., Costelloe, T., Zhang, Z.
Publisher: Food & Agriculture Org.
ISBN: 9251360588
Category : Nature
Languages : en
Pages : 220

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Book Description
This world review of capture fisheries and aquaculture insurance presents the findings of five regional and four national reports conducted in 2020. An estimated 450 000 fishing vessels worldwide are covered by marine hull insurance. Nearly all of the estimated 67 800 large-scale industrial fishing vessels are covered by marine hull insurance, as well as 50–60 percent of the estimated 430 000 semi-industrial fishing vessels. However, over 95 percent of the 2.3 million motorized small-scale fishing vessels operate uninsured. Most small-scale fishers do not have access to adequate insurance services. Between 2009 and 2019, underwriting experiences in fishing vessel insurance were generally reported as “Good”. What is more, access to accident, life and health insurance services for crew on fishing vessels and small-scale fishers in developing countries has improved in recent years. In 2020, the number of aquaculture insurance policies in force was estimated at over 40 000 worldwide, with China and Indonesia the largest markets for this type of insurance. While large-scale aquaculture producers are well served by the insurance industry, the provision of insurance is inadequate for mediumand small-scale farmers, particularly in Asia. Underwriting experiences for aquaculture stock mortality insurance were reported as “Good” to “Very good” (40 percent), or “Neutral” (36 percent). The insurance industry has consolidated the market and increased profitability in aquaculture insurance. This world review contains information on the capture fisheries and aquaculture insurance market, the prevailing underwriting practices, perils covered, policies in force, risk management and claim handling procedures. Finally, it offers a series of recommendations for increasing insurance service provision to the fisheries and aquaculture industries.