Wilful Misconduct in International Transport Law
Wilful Misconduct in International Transport Law

Author: Duygu Damar

Publisher: Springer Science & Business Media

Published: 2011-07-17

Total Pages: 333

ISBN-13: 3642215092

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The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.

Transport Law in Turkey
Transport Law in Turkey

Author: Kerim Atamer

Publisher: Kluwer Law International B.V.

Published: 2022-09-20

Total Pages: 244

ISBN-13: 9403549742

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in Turkey. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marine pollution; collision; and carriage of passengers. Other topics discussed include liability and limitation of liability, charter parties, and transport under bill of lading. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are also covered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling transport contracts or cases affecting Turkey. It will also be welcomed by researchers and academics for its contribution to a field that continues to gain significance in the study of comparative law.

International Carriage of Goods by Road: CMR
International Carriage of Goods by Road: CMR

Author: Malcolm A. Clarke

Publisher: CRC Press

Published: 2014-04-24

Total Pages: 979

ISBN-13: 1317915585

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Now in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style. This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including: New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case The concept of the "wilful misconduct" in failure to guard the vehicle Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG It also provides new coverage of the impact of e-commerce on road haulage. This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.

International Carriage of Goods by Road: CMR
International Carriage of Goods by Road: CMR

Author: Malcolm Clarke

Publisher: CRC Press

Published: 2014-04-24

Total Pages: 577

ISBN-13: 1317915593

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Now in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style. This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including: New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case The concept of the "wilful misconduct" in failure to guard the vehicle Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG It also provides new coverage of the impact of e-commerce on road haulage. This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.

Transportation Law on the Move
Transportation Law on the Move

Author: Andreas Furrer

Publisher: Stämpfli Verlag

Published: 2020-05-28

Total Pages: 388

ISBN-13: 3727216115

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The scope of this book is to present the cornerstones of a modern transportation law embedded in a modern logistics and supply chain environment. For this purpose, internationally leading experts write contributions on specific topics of transportation law. The authors compare different legal approaches and present conceptually convincing answers. In addition, they discuss unsolved issues in transportation law. In a first step, the challenges and chances regarding the transformation of the transportation market will be illustrated. Subsequently, several key topics such as the basic principles in transportation law, regulative frameworks form digital freight documents and a look towards a modern logistics will be covered. In conclusion, the insights for a reform in Swiss transportation law reform are identified.

The Professional Salvor's Liability in the Law of Negligence and the Doctrine of Affirmative Damages
The Professional Salvor's Liability in the Law of Negligence and the Doctrine of Affirmative Damages

Author: Miso Mudric

Publisher: LIT Verlag Münster

Published: 2013

Total Pages: 365

ISBN-13: 3643904053

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The research in this book examines the issue of professional salvor's liability for damage caused due to negligent performance of salvage services. Analysis is focused on the relevant international law (1989 Salvage Convention, 1976 LLMC Convention, and the 1992 CLC Convention), the (professional) liability provisions of the chosen number of jurisdictions (England/Wales, Germany, France, and the US), the standard salvage contract forms, the standard of care, the relevant salvage case law, the sanctions for poor or non-performance, and the methods of calculating the limitation of liability. (Series: Writings on Maritime and Port Law / Schriften zum See- und Hafenrecht - Vol. 20)

Port State Jurisdiction and the Regulation of International Merchant Shipping
Port State Jurisdiction and the Regulation of International Merchant Shipping

Author: Bevan Marten

Publisher: Springer Science & Business Media

Published: 2013-08-31

Total Pages: 282

ISBN-13: 3319003518

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This book examines the concept of port state jurisdiction in the context of international maritime law. In particular the book focuses on situations where port states have used their jurisdiction over visiting foreign-flagged vessels to apply unilateral domestic law, as compared with the internationally-agreed standards enforced by regional port state control organisations. To illustrate the legal issues involved three recent pieces of legislation are analysed in detail: the United States' Cruise Vessel Security and Safety Act 2010, the EU's liability insurance directive of 2009, and Australia's Fair Work Act 2009. Key issues include the legality of port states’ attempts to regulate aspects of a vessel’s structure or equipment, or even certain activities that may take place before a vessel’s arrival in port. The author argues that examples of unilateral measures being imposed by way of port state jurisdiction are growing, and that without active protests from flag states this concept will continue to expand in scope. As international law currently presents very few restrictions on the actions of ambitious port states, such developments may have a significant impact on the future of international maritime regulation.​

Container Carrier's Liability in International Multimodal Transport
Container Carrier's Liability in International Multimodal Transport

Author: Jia Jia

Publisher: Cuvillier Verlag

Published: 2023-08-28

Total Pages: 241

ISBN-13: 3736968493

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International multimodal transport has been developed rapidly in recent 50 years and the worldwide use of containers made a valuable contribution. There are various effective international conventions for different modes of transport and this monograph focuses on the fundamental parts of the international multimodal transport, container carrier’s liability regime. The central research question is has the current liability regime provided a sufficient framework for container carriers in international multimodal transport? The question can be divided into three issues. Firstly, how wide should the scope of application of the international unimodal conventions be to cover the period of liability of container carrier in international multimodal transport? Secondly, do the existing conventions provide a proper and satisfactory framework to govern container carrier’s liability? Thirdly, if not, what solutions can be adopted? In order to answer the above questions, the novelty of this monograph lies on experiences gained from recent case law in relation to container transport. This monograph does not only discover problems in the existing legal system but also provides feasible suggestions for container carrier’s liability regime based on the Rotterdam Rules.

Civil Liability for Accidents at Sea
Civil Liability for Accidents at Sea

Author: Sarah Fiona Gahlen

Publisher: Springer

Published: 2015-02-24

Total Pages: 440

ISBN-13: 3662455552

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​This book presents a study on civil liability for accidents at sea, with a focus on the interests of parties that are not contractually participating in the maritime enterprise. Shipping and the maritime offshore industry are among the most international businesses in the world, and the operation of ships and facilities at sea can involve very different interests in a wide variety of relationships. Although there is an international legal framework that covers the most frequent types of cases, questions remain regarding the interplay of international and national legislation. Addressing those questions, the first part of this study analyses the rules and the limits of international regulation applicable at sea, namely regarding compensation for pollution damage. The second part focuses on the jurisdictional rules and conflict-of-law rules that may be used to deal with cases beyond the scope of international legislation, in accordance with the law of the sea.​

Miller's Marine War Risks
Miller's Marine War Risks

Author: Michael Davey

Publisher: Taylor & Francis

Published: 2020-06-24

Total Pages: 353

ISBN-13: 1351859498

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Miller's Marine War Risks is the only book devoted to drawing together and analysing the insurance of commercial shipping against war risks. It merges analysis of the legal principles, case law, and legislation with the practice of the insurance market in order to provide commentary on difficult questions concerning liabilities, claims, and coverage. With global events becoming more uncertain in the Gulf and elsewhere, the updating of Michael Miller’s classic text will be of great use to legal practitioners, the insurance market, and the shipping industry throughout the world.