
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 c
This book investigates the complex legal interplay between global maritime limitation conventions and specific liability regimes governing international shipping. The author, Norman A. Martínez Gutiérrez, provides a rigorous analysis of how various international treaties—ranging from passenger carriage to pollution damage—interact with overarching limitation frameworks. By examining the historical and practical application of these rules, the text addresses the persistent conflicts that arise when multiple liability conventions overlap in the maritime industry.
What You Will Find
Legal scholars and maritime practitioners frequently cite this work as a comprehensive reference for understanding the technical nuances of international liability frameworks. Experts highlight the text for its meticulous breakdown of complex treaty relationships and its utility in navigating the often-conflicting requirements of global maritime law.
Page Count:
496
Publication Date:
2011-01-01
Publisher:
Routledge
ISBN-10:
0203834038
ISBN-13:
9780203834039
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