The Carrier's Liability Under International Maritime Conventions PDF Download

Author: Hakan Karan
Publisher: Edwin Mellen Press
ISBN:
Category : Law
Languages : en
Pages : 594

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Book Description
Carriers who assume an obligation to carry cargo from one place to another by sea are the only ones in a position to prevent loss or damage to the cargo, and so by rights assume a degree of liability for its safety. Such liability is defined in the three maritime transport regimes, adopted respectively in 1924, 1968, and 1992. A practicing attorney and consultant to the Turkish Ministry of Foreign Affairs, Karan (law, Ankara U.) explores the liability principles that should be uniformly accepted or rejected for legal reasons, limiting his discussion to legal aspects of the international carriage of goods by sea as covered by the relevant sections of the three conventions. The text is double spaced. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).

Author: Assefa Aregay Sefara
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
A new development in the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, 2009 (commonly called Rotterdam rules) is the formula it adopted to deal with the basic question of the carrier's liability. It has set out a new structure of the carrier's liability and the burden of proof. Still its approach is not totally novel but extracted from the previous maritime conventions. It has preserved the 'fault-based liability system' established by the Brussels Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924 (also known as Hague Rules), the Hague Rules amended with 1968 Visby Protocol and the SDR protocol of 1979 (Hague-Visby Rules) and International Convention on the Carriage of Goods by Sea 1978 (Hamburg Rules). This piece of work analyses the new structure of carrier's liability introduced by this convention.

Author: Sze Ping-fat
Publisher: BRILL
ISBN: 9004479155
Category : Law
Languages : en
Pages : 256

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Book Description
This volume provides a critical analysis of the carrier's liability under both the Hague/Hague-Visby and Hamburg Rules. It also considers the question of whether or not the Hamburg Rules introduce a different liability regime and materially increase the carrier's liability vis-à-vis the Hague/Hague-Visby Rules. Focusing on Australian and English jurisprudence, the work demonstrates that, quite contrary to prevailing opinions, the Hamburg Rules do not significantly change the carrier's existing liability. Indeed, in a number of areas, the legal position of the carrier is ameliorated. On the basis that both international conventions do not differ materially in terms of practical legitimacy, concludes the author, it makes no fundamental difference whatsoever, within the general context of carrier liability, whether one convention or the other is adopted. This scholarly publication will be of particular interest to practising lawyers, law professors and students as well as professionals engaged in maritime transport.

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: Víctor Hugo Chacón
Publisher: Springer
ISBN: 3319660020
Category : Law
Languages : en
Pages : 255

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Book Description
This book discusses the problem of sea carriers’ liability, with a particular focus on role of the technologies that have been employed to support maritime transport in recent decades. It examines the Hague Rules, providing an overview of the precedent standard of liability, its historical development up until its application, and its construction at the current time. To do so, it presents two exemplary studies from English and American case law, and analyzes the situations in which the courts have required the application of new technologies as part of the duties set in the current governing liability regime. Written in an easy-to-follow style, the book offers not only an unique overview of the applications of technologies in making ships both seaworthy and cargo-worthy, but also a practice-oriented guide to understanding and making decisions about sea carriers’ liability. It is intended for law practitioners as well as advanced graduate students and researchers in the field of maritime shipping, transport and insurance law

Author: David Hodgkinson
Publisher: Routledge
ISBN: 1315514311
Category : Law
Languages : en
Pages : 366

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Book Description
International Air Carrier Liability brings together essential treaties and airline-to-airline agreements on air carrier liability, safety and security, and supplements these with expert commentary and analysis. The examination considers the general regulatory framework of international civil aviation (including the Chicago Convention and related documents) and how the liability regime fits within that framework. The book is divided into three parts: dealing in turn with liability, safety and security, and civil aviation regulation. Part I, for example, provides comment and analysis of the international air-carrier liability regime, how the main liability conventions operate, and the application of these conventions to international carriage by air (passengers, baggage and cargo). Given its subject matter and the universal state party participation in these conventions, this book has truly global application. David Hodgkinson and Rebecca Johnston aim to provide a reference aid for legal practitioners (at law firms, airlines, manufacturers, aviation-related corporations and government departments and agencies), as well as academics, students (undergraduate and post graduate) and government officials regarding treaties, domestic laws and documents concerned with these vital legal issues.

Author: David Hodgkinson
Publisher:
ISBN: 9781138200494
Category : Aeronautics
Languages : en
Pages : 0

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Book Description
Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Foreword -- Preface -- Abbreviations and Acronyms -- Introduction -- Part I Liability -- Commentary -- Section 1: Main Conventions -- 1.1 Warsaw Convention 1929 -- 1.2 Warsaw Convention 1929 as amended at The Hague 1955 -- 1.3 Guadalajara Supplementary Convention 1961 -- 1.4 Warsaw Convention 1929 as amended at The Hague 1955 and by Protocol No. 4 of Montreal 1975 -- 1.5 Montreal Convention 1999 -- Section 2: Additional Protocols -- 2.1 The Hague Protocol 1955 -- 2.2 Guatemala City Protocol 1971

Author: R. Asariotis
Publisher:
ISBN:
Category : Carriers
Languages : en
Pages : 48

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Book Description
"This study was co-funded by the European Commission, Directorate-General for Transport (DG VII).

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: Duygu Damar
Publisher: Springer Science & Business Media
ISBN: 3642215092
Category : Law
Languages : de
Pages : 333

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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.