Limitation of Liability in International Maritime Conventions: The Relationship between Global Limitation Conventions and Particular Liability Regimes

The concept of limitation of liability for maritime claims is a well-established principle that allows shipowners to limit their liability for claims up to a maximum sum, regardless of the actual amount of the claims. This concept has been adopted by numerous conventions, including those relating to the carriage of goods, passengers, pollution damage, and wreck removal. This book provides an international perspective on limitation of liability, examining key conventions and their provisions, as well as the relationship between the limitation provisions in claim-specific liability conventions and the global limitation conventions. It also focuses on controversial aspects of limitation, such as 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, loss of the right to limit, and the limits of liability.

Format: Hardback
Length: 466 pages
Publication date: 01 January 2021
Publisher: Taylor & Francis Ltd

Limitation of liability for maritime claims is a well-established concept that has been deeply ingrained in the maritime industry for many years. Under this concept, the shipowner is allowed to limit his liability for maritime claims up to a maximum sum, regardless of the actual amount of the claims. This concept has been adopted by numerous conventions, covering various aspects of maritime transportation, including the carriage of goods by sea, the carriage of passengers and their luggage by sea, liability and compensation for pollution damage, and the removal of wrecks. Each of these conventions has its own approach to limitation of liability, but they all 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 takes an international perspective, examining a range of key conventions, including the global limitation conventions, the conventions relating to the carriage of passengers and their luggage by sea, the conventions relating to liability and compensation for pollution damage, and the 2007 Nairobi International Convention on the Removal of Wrecks. Each chapter of this book sets out to analyze and discuss the specific provisions of these conventions, providing a comprehensive understanding of the legal framework governing limitation of liability in the maritime industry. The book begins by examining the historical development of limitation of liability, tracing its roots back to ancient maritime laws and regulations. It then discusses the various approaches to limitation of liability, including the traditional approach, the modern approach, and the hybrid approach. The traditional approach, which is based on the principle of limited liability, limits the shipowner's liability to the value of the ship and its freight. The modern approach, which is based on the principle of unlimited liability, allows the shipowner to limit his liability to a maximum sum, regardless of the actual amount of the claims. The hybrid approach combines elements of both the traditional and modern approaches, providing a more flexible and balanced approach to limitation of liability. The book then explores the various limitations and exceptions to limitation of liability, including the requirement for proper notice, the limitation of liability for certain types of claims, and the limitation of liability for intentional acts. It also examines the impact of limitation of liability on third parties, including passengers, crew, and other individuals who may be affected by maritime accidents. The book also discusses the role of insurance in limitation of liability, including the types of insurance that are available and the requirements for obtaining insurance coverage. Finally, the book provides a comprehensive analysis of the legal issues surrounding limitation of liability, including the interpretation of the relevant conventions, the application of the conventions to specific cases, and the enforcement of the conventions. The book concludes by highlighting the importance of limitation of liability in the maritime industry and the need for continued development and refinement of the legal framework governing this area. In conclusion, limitation of liability for maritime claims is a complex and multifaceted concept that has been deeply ingrained in the maritime industry for many years. This book provides a comprehensive analysis of the legal framework governing limitation of liability, including the various approaches to limitation of liability, the limitations and exceptions to limitation of liability, the role of insurance in limitation of liability, and the legal issues surrounding limitation of liability. It is essential reading for anyone involved in the maritime industry, including shipowners, insurers, and legal professionals.

Dimension: 234 x 156 (mm)
ISBN-13: 9781138693609
Edition number: 2 New edition