Limitation of Liability for Maritime Claims: A Study of U.S. Law, Chinese Law, and International Conventions
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 our today's much changed world, 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 U.S. 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 U.S. law and in the context of international conventions. Both practitioners and academic scholars will find this book helpful in understanding Chinese law in general and Chinese maritime limitation of liability in particular.
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PERSONS AND VESSELS ENTITLED TO LIMITATION OF LIABILITY
CLAIMS SUBJECT TO LIMITATION OF LIABILITY
Table of Contents
CONDUCT B ARRING LIMITATION OF LIAB ILITY
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1976 Convention provides 2d Cir 5th Cir apply Article barge Benedict on Admiralty cargo carriage cert charterers China Chinese Maritime Code choice of law Christopher Hill claimants claims arising collision concursus conflict of laws court held crew members death claims doctrine entitled to limitation F.Supp global limitation Ibid injury and death Institute of Maritime jurisdiction L.Ed law rules legal regimes Liability Act limitation actions limitation fund limitation law limitation of liability Limitation of Shipowners limitation proceeding limitation regime limitation system limited liability Lloyd's of London Marine marine salvage Maritime Law master and crew matter navigation negligence Oil Pollution Damage owner parties Personal Contract personal injury privity or knowledge pro hac vice Protocol respect right to limitation S.Ct salvage salvors ship subject to limitation Sweet & Maxwell tonnage Torrey Canyon Towing Tulane Law Review U.S. courts U.S. law U.S. Supreme Court United Warsaw Convention