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Oil tankers are not solely to blame for pollution at sea. Non-tankers have released numerous spills. The International Convention on Civil Liability for Bunker Oil Pollution Damage has been adopted, but has not yet come into force. This timely and comprehensive book studies compulsory insurance, its main purpose of ensuring compensation and its interrelations with other features such as the rule of strict liability, the limitation of liability of that convention.
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.
This book deals with the liability conventions brought into existence by the International Maritime Organization and concentrates on the newly adopted instrument dealing with bunker oil pollution as an area of great concern for every stakeholder involved in shipping business. The work covers a wide spectrum ranging from the Convention itself to its scope of application, liable and aggrieved parties, jurisdiction, requirements of liability and admissibility of claims, defences and exoneration from liability. It addresses many areas of interest and of importance to international and national legal advisors, lawyers, law students and anyone interested in the relevant field such as shipowners, charterers, shipbrokers, ship personnel and associated contractors and sub-contractors.
The Law of Liability Insurance addresses a specialist niche of law with comprehensive coverage of common law and statute. Liability insurance provides indemnity against loss to the insured flowing from their liability to another. Types of liability insurance discussed in this two volume work include: motor vehicle, product liability, directors' and officers', employers' liability, professional indemnity, householders' liability, home contents, occupiers' liability, aviation.The Law of Liability Insurance is the decisive title covering the fundamental areas of insurance liability. This new edition has been substantially revised and updated. The area of insurance has changed significantly since the publication of the second edition in 2005. The authors' renowned expertise have woven these developments throughout the new edition and offer insightful analysis and vital references.The purpose of The Law of Liability Insurance is to provide for practitioners and insurers a practical discussion of matters where controversy arises, and to provide the authorities upon which the discussion is based. This review was first published in the Law Institute Journal Victoria 88.01, April 2014 This review was published in LawNews - February 28, 2014 Features; Comprehensive two volume; High level practitioner work; Detailed reference to authorities on subjects discussed, with commentary on their relevance and validity.; References to articles by learned authors on specific issues.; Extensive Index to contents
From its starting point within international law, throughout its progression from regional to national law, The Law of Environmental Damage combines the disciplines of environmental law, liability law and insurance in its analysis of the development of reparative environmental law. In the model adopted, three generations of reparative schemes are identified, based on civil liability or administrative liability or self-taken measures from the area of insurance. The analysis applied is based on factors of standard and designation of liability, as well as the definition and assessment of environmental damage. Issues such as environmental lender liability and damage to public natural resources are highlighted. The results of the study are evaluated within the framework of a theory of environmental efficiency; among other factors, the reparative effect of liability rules is discussed.
Lucidly explaining the legal principles of Admiralty Law in a modern context, this new edition has been fully revised and updated to include recent case law and legislation, including extensive treatment of developments within the EC. Examining the law within a commercial perspective with suggestions for how legal risks should be managed, this is the ideal text for postgraduates studying admiralty or shipping law as well as professionals within the shipping industry. The intricate rules of the Brussels/Lugano Conventions are explained alongside conflict of jurisdictions, and the application of the forum non-conveniens, doctrine and forum shopping. Breach of jurisdiction agreements and remedies are also discussed and the vexed issues of anti-suit injunctions are dealt with comprehensively. Modern Admiralty Law analyses the corporate structures of ship owning companies and the circumstances in which the corporate veil may be pierced; suggestions for legitimate corporate structures for the purpose of risk management are also put forward. The consequences of non-compliance with the ISM Code are considered (such as potential criminal liability, the effect of non-compliance upon insurance contracts and limitation of liability), alongside an update of further measures being taken by the EC and the IMO on safety of ships and cleaner seas. An ideal reference tool, the new edition of this popular and comprehensive text includes summaries of the principles and case law and encourages further investigation. The practical and commercial orientation of this book will be of great benefit to readers studying the subject as an academic discipline as well as those who work in the area. From admiralty jurisdiction to limitation of liability, all aspects of admiralty law are thoroughly investigated, with recent developments providing new insights for this modern approach to admiralty law. This new edition is essential reading for postgraduates, practitioners, ship owners and managers, and a wide range of professionals within the shipping industry.
This book provides a comprehensive collection of Cases and Materials On Marine Insurance Law. The sources included here are not always readily accessible. Each chapter is introduced with a brief resume of the general principles,before the facts of each case are summarised and the extracts of the relevant parts of judgments reproduced. The significance of the judicial extracts, the statutory materials and standard terms are then discussed with particular emphasis on important and problematical areas of the law.This book will be indispensable not only to postgraduate students of law, in-house lawyers, insurance brokers and claims adjusters, but also to students of maritime studies, legal practitioners and a wide range of professionals within the shipping industry who may wish to have at hand a convenient source of information. Whilst the book is a companion to the authors The Law of Marine Insurance, it is also structured to stand as a marine insurance text in its own right.
This latest and fourth volume in the series comprises ten contributions written by an expert team of academics and practitioners and which collectively analyse and expound many of the contemporary legal issues and debates in the law and practice of marine insurance. Some of the contributions touch upon areas of the law which will be amended by the Insurance Act 2015, and provide an insight to the future changes in the law. The topics covered are: An assessment of the Marine Insurance Act 1906 Construction of marine policies Litigating against brokers – the measure of damages Co-insurance and leading underwriter clauses Duties of good faith of insurers and reinsurers Assured right to interest when a policy is avoided The impact of The Cendor MOPU on the Institute Cargo Clauses Fraudulent claims Aspects of Subrogation Conflict of laws in light of the recast Brussels I Regulation This book is essential reading for maritime lawyers, brokers and insurance market practitioners, academics, and companies associated with the marine insurance markets worldwide.
The first edition of this book was quickly acclaimed as the new leading text worldwide on the law and practice of pollution from ships. The second edition deals with a variety of developments since then in this fast-moving subject: the Erika and the Prestige; changes in international law on maritime safety and compensation; latest decisions on claims for compensation; analysis of the SCOPIC regime; new material on ports of refuge, transboundary movements, and pollution from offshore craft; latest cases and regulatory changes in the US; and enlarged chapters on enforcement of laws and criminal sanctions. Like its predecessor, the second edition is superbly indexed and written clearly with the needs in mind of a wide international readership.
The approach throughout is both legal multi-disciplinary and comparative. The relevant international conventions are examined (particularly the 'Bunker Convention' of 2008), with particular attention to their implementation in China and Europe, as well as the independent US regime. In addition, detailed empirical data from well-known case studies provide important insights into the working of international and national prevention and compensation mechanisms.