LIABILITY REGIMES IN CONTEMPORARY MARITIME LAWPDF电子书下载

查看更多关于的内容

PART 1:SHIP SOURCE POLLUTION-OIL AND HAZARDOUS AND NOXIOUS SUBSTANCES 3

CHAPTER 1:SHIP SOURCE POLLUTION-OIL AND HAZARDOUS AND NOXIOUS SUBSTANCES&by M？ns Jacobsson 3

Introduction 3

Main features of the 1992 Conventions 3

Claims settlement 5

Uniform application of the Conventions 11

Review of the adequacy of the international compensation regime 12

Concluding remarks 16

Appendix:States parties to Conventions and Protocols 17

CHAPTER 2:POLLUTION FROM SHIPS:EU DIRECTIVE ON CRIMINAL SANCTIONS FOR SHIP-SOURCE POLLUTION&by Colin de la Rue 19

Background 19

The EU Directive 21

Intertanko and Others v Secretary of State for Transport 22

Appendix:Directive 2005/35/EC and Annex 25

CHAPTER 3:MARINE POLLUTION LIABILITIES UNDER US LAW&by Professor Robert Force 27

Introduction 27

Appendix:Code of Federal Regulations Subpart E 55

PART 2:PORT LIABILITIES 63

CHAPTER 4:LIABILITIES OF PORTS IN RESPECT OF MARINE POLLUTION AND RELATED MATTERS&by Professor Proshanto K.Mukherjee 63

Introduction 63

Port liability in general 64

Liability for wreck removal 66

Liability for marine pollution 73

Other liability related issues for a port or harbour authority 76

Conclusion 78

PART 3:CIVIL AND POLLUTION LIABILITIES OF SALVORS 81

CHAPTER 5:LIABILITIES OF SALVORS&by Professor Stephen Girvin and Toby Stephens 81

Introduction 81

Policy:support for salvors 82

Liability in Admiralty 83

Common law liability 84

Negligence and The Tojo Maru 84

Salvor's contractual duties 85

The Salvage Convention 1989 87

Salvage and limitation of liability under The Tojo Maru 89

Salvage and limitation of liability under the LLMC 90

Conclusions 97

CHAPTER 6:THE LIABILITY OF SALVORS FOR POLLUTION&by Archie Bishop 99

Civil liability 100

Criminal liability 100

UK Water Resources Act 101

The EU Ship-Source Pollution Directive 103

The hidden effect of criminalisation 104

Conclusions 105

PART 4:LIABILITIES OF CLASSIFICATION SOCIETIES UNDER ENGLISH AND US LAW 109

CHAPTER 7:THE LIABILITIES OF CLASSIFICATION SOCIETIES-MORE AWKWARD THAN IT LOOKS?&by Professor Andrew Tetunborn 109

Non-statutory surveys and other services 110

Liability arising out of statutory functions 123

Conclusion 127

CHAPTER 8:CLASSIFICATION SOCIETY LIABILITY IN THE UNITED STATES&by Professor Martin Davies 129

Introduction 129

Jurisdiction and choice of law 130

The US law on liability of classification societies 137

The Prestige litigation 142

Conclusion 147

PART 5:THE ISM AND ISPS CODES AND MARITIME LIABILITIES 151

CHAPTER 9:THE ISM AND ISPS CODES:INFLUENCE ON THE EVOLUTION OF LIABILITIES&by Simon Kverndal Q.C 151

Introduction 151

The ISM Code 152

The ISPS Code 164

Appendix:Standard clauses for time and voyage charterparties 167

CHAPTER 10:THE ISM AND ISPS CODES:A CRITICAL ANALYSIS OF CONTENT,PHILOSOPHY AND LEGAL IMPLICATIONS&by Dr Phil Anderson 169

The Three Fold Mantra 169

An ill-defined standard 171

Has ISM changed anything? 172

Audit trails 173

The designated person 175

The company verification,review and evaluation 176

The ISPS Code 178

Conclusion 178

PART 6:PASSENGER LIABILITIES AND INSURANCE 183

CHAPTER 11:BOUNDARIES OF THE ATHENS CONVENTION:WHAT YOU SEE IS NOT ALWAYS WHAT YOU GET!&by Dr Baris Soyer 183

Introduction 183

The Athens Convention 2002-A major step towards uniformity within the EU? 186

Application of the Athens Convention to tour operators 195

Conclusion 205

CHAPTER 12:PASSENGER LIABILITIES AND INSURANCE:TERRORISM AND WAR RISKS&by Professor Erik Rosag 207

Introduction 207

Athens overview 207

Terrorism and war exposure 210

The 2006 formal framework 212

The compromise-substantive framework 214

Insurance exceptions applicable all over 215

Division war-non-war 216

War/terrorism insurance 218

War/terrorism liability 222

Concluding remarks 224

Appendix A:IMO Guidelines for the implementation of the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea 2002 224

PART 7:LIABILITIES FOR WRONGFUL ARREST OF SHIPS UNDER COMMON LAW AND CIVIL LAW 233

CHAPTER 13:DAMAGES FOR WRONGFUL ARREST OF SHIPS IN THE ENGLISH ADMIRALTY JURISDICTION&by Professor D.Rhidian Thomas 233

Introduction 233

Ship arrest under the English Admiralty jurisdiction 234

When might an arrest be regarded as wrongful? 238

Wrongful arrest in the English Admiralty jurisdiction 239

The basis of liability for damages arising from wrongful arrest 242

Costs as a partial or complete remedy 245

Wrongful arrest under the international conventions on ship arrest 247

Reflection and proposals for reform 249

Conclusion 253

Appendix:Admiralty Claim Forms 254

CHAPTER 14:LIABILITY FOR WRONGFUL ARREST OF SHIPS FROM A CIVIL LAW PERSPECTIVE&by Professor Dr Frank G.M.Smeele 261

Introduction 261

Scope of the comparative study 262

Some statistics 262

German law 263

French law 267

Dutch law 272

Some comparative observations 276

PART 8:SUBSTANTIVE AND JURISDICTIONAL ISSUES RELATING TO LIMITATION OF LIABILITY 279

CHAPTER 15:PROBLEMATICAL AREAS IN THE CURRENT GLOBAL LIMITATION REGIME&by Professor Richard Williams 279

Issues arising out of the Convention itself 280

Issues arising out of the legislative instruments giving effect to the Convention in the United Kingdom 294

Conclusion 299

CHAPTER 16:JURISDICTIONAL ASPECTS OF LIMITATION OF LIABILITY FOR MARITIME CLAIMS&by Nigel Meeson Q.C 301

Introduction: 301

The pre-emptive use of a limitation action 301

Recognition of 1976 limits in 1996 Protocol contracting states 305

European jurisdictional issues relating to limitation of liability 306

APPENDICES 311

APPENDIX A:International Convention on Civil Liability for Oil Pollution Damage,1992 311

APPENDIX B:International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage,1992 321

APPENDIX C:Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage,1992 339

APPENDIX D:Small Tanker Oil Pollution Indemnification Agreement (STOPIA 2006) 351

APPENDIX E:Tanker Oil Pollution Indemnification Agreement (TOPIA 2006) 361

APPENDIX F:International Convention on Civil Liability for Bunker Oil Pollution Damage,2001 371

APPENDIX G:International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea,1996 381

APPENDIX H:Federal Oil Pollution Act of 1990 405

APPENDIX I:International Convention on Salvage,1989 453

APPENDIX J:International Safety Management (ISM) Code 2002 461

APPENDIX K:The International Ship and Port Security Code (ISPS) 469

APPENDIX L:Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea,2002 491

appendix M:International Convention on Limitation of Liability for Maritime Claims for 1976 and 1996 Protocol 505

APPENDIX N:International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships,1952 519

APPENDIX O:International Convention on the Arrest of Ships,1999 525

Index 531

查看更多关于的内容