Limitation of Liability in International Maritime Conventions

The Relationship between Global Limitation Conventions and Particular Liability Regimes

By Norman A. Martínez Gutiérrez

© 2012 – Routledge

416 pages

Purchasing Options:
Paperback: 9780415813228
pub: 2012-09-13
US Dollars$71.95
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Hardback: 9780415601405
pub: 2010-12-17
US Dollars$155.00
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About the Book

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.

Table of Contents

1. Historical Background 2. The LLMC Convention 3. The 1996 Protocol 4. Conventions Relating to the Carriage of Passengers and their Luggage by Sea 5. Conventions Relating to Liability and Compensation for Pollution Damage 6. The Nairobi Convention 7. Relationship between Global Limitation Conventions and Particular Liability Regimes 8. The Way Forward

About the Author

Norman A. Martínez Gutiérrez is a lecturer at the IMO International Maritime Law Institute, Malta.

About the Series

IMLI Studies in International Maritime Law

The IMO International Maritime Law Institute (IMLI) was established under the auspices of the International Maritime Organization, a specialised agency of the United Nations.

The Institute is an international centre for the training of specialists in international maritime law. It contributes to the development and dissemination of knowledge and expertise in the international regime of merchant shipping and related areas of maritime law and the general law of the sea, with special reference to the international regulations and procedures for safety and efficiency of shipping and the prevention of marine pollution. For further information on the Institute please visit its website at:www.imli.org.

The series is dedicated to publishing original, scholarly contributions which analyse key issues in international maritime law. The works published in the series will be of interest to an audience of students and scholars in maritime law, maritime lawyers and barristers, and professionals in the shipping industry.

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Subject Categories

BISAC Subject Codes/Headings:
BUS069020
BUSINESS & ECONOMICS / International / Economics
LAW000000
LAW / General
LAW009000
LAW / Business & Financial
LAW014000
LAW / Commercial / General
LAW014010
LAW / Commercial / International Trade
LAW049000
LAW / Insurance
LAW066000
LAW / Maritime
LAW113000
LAW / Liability