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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Carriage of Dangerous Goods by Sea

ISBN13: 9783540758365
Published: December 2007
Publisher: Springer-Verlag
Country of Publication: Germany
Format: Paperback
Price: £166.50

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The carriage of goods by sea mainly focuses on loss of or damage to goods. There are voluminous discussions and texts on this issue. By contrast, the issue of loss or damage from goods has been paid little attention. Ever-increasing numbers of dangerous goods are carried by sea today. This increase draws attention to explosions or fire on ships, spillages, pollution, accidents and potential danger.

Worldwide concern with the risk posed by the increased frequency in the carriage of dangerous goods has led to the adoption of international technical standards to promote maritime safety and the insertion of special provisions in the carriage contracts. Moreover, growing environmental awareness and concern with the economic cost implications of maritime casualties have given rise to the regulation of liability and compensation in respect of damage caused by hazardous and noxious substances.

Shipping, Transport and Maritime Law
Part 1: Dangerous goods regulations
A. In general
B. Development of dangerous goods regulations
C. Other instruments
D. Dangerous goods provisions in the carriage conventions
E. The HNS Convention
F. Dangerous goods regulations for other modes of transport
G. Regional and national regulations concerning dangerous goods
Part 2: Meaning of dangerous goods
A. In general
B. Type of good
C. Restrictions on the goods
D. Relevance of the IMDG Code in carriage contracts
E. Meaning of dangerous goods
F. What should be considered dangerous?
Part 3: Duties of the parties in relation to dangerous goods
A. In general
B. Duties of the shipper
C. Duties of the carrier
D. Is the carrier obliged to carry dangerous goods?
E. Duties under the CMI/UNCITRAL draft instrument
Part 4: Rights and liabilities of the parties
A. In general
B. Shipper’s liability for dangerous goods
C. Is strict liability proper?
D. No strict liability where the carrier has knowledge
E. Liability where both parties have knowledge
F. The necessity to distinguish between dangerous goods and nondangerous goods which cause damage
G. Liability of transferees of bills of lading
H. Dangerous goods and charterparties
I. Extent of shipper’s liability
J. The carrier’s rights
K. Allocation of liability in concurrent causes
L. Liability towards third parties
M. Shipper’s liability in the CMI/UNCITRAL draft instrument
Part 5: Limitation of liability and insurance
A. Shipper’s or charterer’s exposure to liability in general
B. Limitation of liability
C. Package or kilo limitation for cargo loss or damage
D. Unlimited liability of shippers
E. CMI/UNCITRAL draft instrument
F. Global limitation of liability for maritime claims
G. Insurance
Part 6: Third-party liability for damage arising from the carriage of HNS
A. In general
B. Need for a HNS Convention
C. Development of HNS Convention
D. The HNS Convention 1996