Wilful Misconduct In International Transport Law

Author : Duygu Damar
Publisher : Springer Science & Business Media
ISBN 13 : 3642215092
Total Pages : 333 pages
Book Rating : 4.94/5 ( download)

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Download or read book Wilful Misconduct in International Transport Law written by Duygu Damar and published by Springer Science & Business Media. This book was released on 2011-07-17 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author :
Publisher : CRC Press
ISBN 13 : 1317912209
Total Pages : 569 pages
Book Rating : 4.00/5 ( download)

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Download or read book International Carriage of Goods by Road: CMR written by and published by CRC Press. This book was released on 2014-07-17 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: This key text analyses the international carriage of goods by road under the provisions of the CMR Convention. The updates in the fifth edition include: In Part I on CMR: • Cases on CMR in England • New cases in the higher courts other countries, notably Austria, France, Germany and Holland, many concerned with theft and ‘wilful misconduct’ • Advent of the Rotterdam Rules 2009 and their impact inland on CMR • Electronic consignment notes In Part II on English Domestic Law: Developments in the law of obligations affecting contracts of carriage: • Negligence • Conversion • Contract construction • Good faith • Vicarious liability

Author : Huibert Drion
Publisher : Springer
ISBN 13 :
Total Pages : 428 pages
Book Rating : 4.49/5 ( download)

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Download or read book Limitation of Liabilities in International Air Law written by Huibert Drion and published by Springer. This book was released on 1954 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deal[s] with the problems arising in connection with limitation of liability under the Warsaw Convention of 1929 and under the two Rome Conventions of 1933 and of 1952 on surface damage.

Author : Malcolm A. Clarke
Publisher : CRC Press
ISBN 13 : 1317748883
Total Pages : 721 pages
Book Rating : 4.85/5 ( download)

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Download or read book Contracts of Carriage by Land and Air written by Malcolm A. Clarke and published by CRC Press. This book was released on 2013-12-17 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides: • In-depth clause-by-clause analysis and commentary of the major international conventions and standard form contracts within these areas • New editions of two standard forms of contract for international carriage by rail • Citation of the relevant case law and statutes • Footnote annotations and cross-references for each clause or provision

Author : David A. Glass
Publisher :
ISBN 13 :
Total Pages : 378 pages
Book Rating : 4.46/5 ( download)

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Download or read book Introduction to the Law of Carriage of Goods written by David A. Glass and published by . This book was released on 1989 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to the Law of Carriage of Goods is a comprehensive guide to the law of carriage of goods by land, sea and air, along with a brief summary of the law relating to passengers and their luggage.

Author : Kerim Atamer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403549742
Total Pages : 244 pages
Book Rating : 4.43/5 ( download)

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Download or read book Transport Law in Turkey written by Kerim Atamer and published by Kluwer Law International B.V.. This book was released on 2022-09-20 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Malcolm A. Clarke
Publisher : CRC Press
ISBN 13 : 1317915585
Total Pages : 979 pages
Book Rating : 4.84/5 ( download)

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Download or read book International Carriage of Goods by Road: CMR written by Malcolm A. Clarke and published by CRC Press. This book was released on 2014-04-24 with total page 979 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Miso Mudric
Publisher : LIT Verlag Münster
ISBN 13 : 3643904053
Total Pages : 365 pages
Book Rating : 4.58/5 ( download)

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Download or read book The Professional Salvor's Liability in the Law of Negligence and the Doctrine of Affirmative Damages written by Miso Mudric and published by LIT Verlag Münster. This book was released on 2013 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)

Author : Bevan Marten
Publisher : Springer Science & Business Media
ISBN 13 : 3319003518
Total Pages : 274 pages
Book Rating : 4.11/5 ( download)

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Download or read book Port State Jurisdiction and the Regulation of International Merchant Shipping written by Bevan Marten and published by Springer Science & Business Media. This book was released on 2013-08-31 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.​

Author : Jia Jia
Publisher : Cuvillier Verlag
ISBN 13 : 3736968493
Total Pages : 241 pages
Book Rating : 4.93/5 ( download)

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Download or read book Container Carrier's Liability in International Multimodal Transport written by Jia Jia and published by Cuvillier Verlag. This book was released on 2023-08-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.