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The Carrier's Liability Under International Maritime Conventions

The Carrier's Liability Under International Maritime Conventions
Author: Hakan Karan
Publisher: Edwin Mellen Press
Total Pages: 594
Release: 2004
Genre: Law
ISBN:

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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).


The Structure of Carrier's Liability and Burden of Proof Under the United Nations Convention on Contracts for the International Carriage of Goods Wholly Or Partly by Sea (2009).

The Structure of Carrier's Liability and Burden of Proof Under the United Nations Convention on Contracts for the International Carriage of Goods Wholly Or Partly by Sea (2009).
Author: Assefa Aregay Sefara
Publisher:
Total Pages:
Release: 2016
Genre:
ISBN:

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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.


Carrier's Liability under the Hague, Hague-Visby and Hamburg Rules

Carrier's Liability under the Hague, Hague-Visby and Hamburg Rules
Author: Sze Ping-fat
Publisher: BRILL
Total Pages: 256
Release: 2021-10-05
Genre: Law
ISBN: 9004479155

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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.


Limitation of Liability in International Maritime Conventions

Limitation of Liability in International Maritime Conventions
Author: Norman A. Martínez Gutiérrez
Publisher: Routledge
Total Pages: 550
Release: 2010-12-16
Genre: Business & Economics
ISBN: 1136847472

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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.


Intermodal Transportation and Carrier Liability

Intermodal Transportation and Carrier Liability
Author: R. Asariotis
Publisher:
Total Pages: 48
Release: 1999
Genre: Carriers
ISBN:

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


International Air Carrier Liability

International Air Carrier Liability
Author: David Hodgkinson
Publisher:
Total Pages: 0
Release: 2017
Genre: Aeronautics
ISBN: 9781138200494

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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


International Maritime Conventions (Volume 1)

International Maritime Conventions (Volume 1)
Author: Francesco Berlingieri
Publisher: CRC Press
Total Pages: 487
Release: 2014-05-09
Genre: Law
ISBN: 1317750594

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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 in force, including the topical Rotterdam Rules. Split into three convenient volumes, this comprehensive resource provides a thorough treatment of both wet and dry shipping treaties, combining breadth of coverage with depth of analysis. In this first volume, the author covers conventions dealing with the Carriage of Goods and Passengers by Sea, in particular: - International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924 and its Protocol of 1968 and 1979 (Hague-Visby Rules) - United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules) - United Nations Convention on the International Carriage of Goods wholly or Partly by Sea, 2008 (Rotterdam Rules) - Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 as amended by its Protocol of 2002 (Athens Convention) This book is an indispensable reference for maritime lawyers, academics and students of maritime law worldwide.


Maritime law in the second half of the 20th century. Selected articles

Maritime law in the second half of the 20th century. Selected articles
Author: Jan Łopuski
Publisher: Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika
Total Pages: 342
Release: 2008
Genre: Contracts, Maritime
ISBN: 8323120560

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The book contains a selection of articles written in the years 1962-2004 and published in English or French languages. They provide information and present views of the author on matters relating to the development and transforrnations which occurred in maritime law in the second haif of the 20th century. Articles on Polish maritirne law arę presented separately from morę numerous articles on international and transnational maritime law.The articles compiled in this book illustrate the process of important changes and developments occurred in maritime law in the said period.They indicate how problems created by the progress in the organisation of maritime trade, technical innovations and political changes on the map of the world were identified, consi-dered and sometimes solved, in the latter case the relevant article may have only a historical signif icance. At the same time some traditional institutions of maritime law were changingtheir role and neededa reappraisal and revision.


The IMLI Manual on International Maritime Law: Shipping law

The IMLI Manual on International Maritime Law: Shipping law
Author: David Joseph Attard
Publisher: Oxford University Press
Total Pages: 769
Release: 2016
Genre: Law
ISBN: 019968393X

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"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." --