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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Limitation of Liability for Maritime Claims

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ISBN13: 9789041115980
ISBN: 9041115986
Published: May 2001
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £101.00

Usually despatched in 1 to 3 weeks.

Limitation of liability for maritime claims is an important system for the shipping industry. The original rationale for such a system was to encourage the shipping enterprise. However, in the changed world of the 21st century, the system has been under severe attack and has been described as ""hopelessly anachronistic"". Yet, the debate over repeal or retention of the system is far from settled. This book traces the history and development of limitation law around the world. It compares various limitation laws in operation under different legal regimes. In particular, it analytically scrutinizes the limitation systems under US law, Chinese law and international conventions. It explores the possibility of international uniformity of maritime limitation law and points out that complete uniformity will not be achieved unless the United States joins the international community. It concludes that although there is a need for reform of the system, limitation of liability for maritime claims is here to stay. This book also thoroughly examines the limitation system under the Chinese legal regime through comparison with US law and in the context of international conventions.

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1. Persons and Vessels Entitled to Limitation of Liability.
2. Claims Subject to Limitation of Liability.
3. Conduct Barring Limitation of Liability.
4. Limitation Fund.
5. Limitation Proceedings.
6. Choice of Law in Limitation Actions.
7. Limitation of Liability for Claims Arising Out of Marine Oil Pollution Damage. Conclusion. Bibliography. Statutes Cited. Cases Cited.