The Carriage of Dangerous Goods by SeaSpringer Science & Business Media, 2007 M11 14 - 352 páginas This book represents the Ph. D. study conducted at the Max-Planck Research School for Maritime Affairs at the University of Hamburg between 2004 and 2007. The topic of the study was suggested by my supervisor, Prof. Dr. Peter Mankowski. I want to express my deepest gratitude and thanks to Prof. Dr. Mankowski for his meritorious contribution, invaluable support and encoura- ment. I would like to extend my appreciation and thanks to second examiner Prof. Dr. Ulrich Magnus for the expeditious submission of the second opinion on my dissertation. The Max-Planck Research School for Maritime Affairs is distinct in its mul- disciplinary post-graduate study on maritime matters. I am deeply honored to be a member of the Max-Planck Research School. I am most grateful to its Directors for admitting me as a scholar, providing me with a generous scholarship and grant for the publication of this book in the Hamburg Studies on Maritime Affairs series. Thanks are also due to the former and current coordinators of the Research School for their guidance and assistance. I owe particular thanks to Dr. Silke Knaut and Ms. Vera Wiedenbeck for their great care. The library of the Max- Planck Institute for Comparative and International Private Law is a treasury of resources and has provided me with a convenient and efficient environment to carry out research for my dissertation. The Hanseatic City of Hamburg with its maritime flair is an excellent place to study maritime matters. |
Dentro del libro
Resultados 1-5 de 86
Página x
... Shipper's liability in the CMI/UNCITRAL draft instrument......................... 198 Part 5: Limitation of liability and insurance .................................................. 203 A. Shipper's or charterer's exposure ...
... Shipper's liability in the CMI/UNCITRAL draft instrument......................... 198 Part 5: Limitation of liability and insurance .................................................. 203 A. Shipper's or charterer's exposure ...
Página xvi
... shipper............................................................................... 132 1. Delivery for carriage ... Shipper's liability for dangerous goods.......................................................... 134 135 135 137 137 ...
... shipper............................................................................... 132 1. Delivery for carriage ... Shipper's liability for dangerous goods.......................................................... 134 135 135 137 137 ...
Página xvii
... III. Express language of HGB § 564b in German law: strict liability of shipper/actual shipper if dangerous nature of goods unknown to the carrier .......................................................................................
... III. Express language of HGB § 564b in German law: strict liability of shipper/actual shipper if dangerous nature of goods unknown to the carrier .......................................................................................
Página xviii
... Shipper's liability to the other cargo owners.......................................... 196 I. In general ... Shipper's liability in the CMI/UNCITRAL draft instrument......................... II. Inclusion of strict liability with regard ...
... Shipper's liability to the other cargo owners.......................................... 196 I. In general ... Shipper's liability in the CMI/UNCITRAL draft instrument......................... II. Inclusion of strict liability with regard ...
Página xix
... Shipper's or charterer's exposure to liability in general ................................ 203 B. Limitation of ... shipper's liability in the draft instrument ...
... Shipper's or charterer's exposure to liability in general ................................ 203 B. Limitation of ... shipper's liability in the draft instrument ...
Contenido
| 5 | |
| 7 | |
Other instruments | 21 |
E The HNS Convention | 27 |
Meaning of dangerous goods | 39 |
dd Dangerous as particular characteristics undisclosed | 64 |
HagueHagueVisby Rules 2 Dangerous goods and inherent vice | 72 |
bb Goods which become dangerous under special | 77 |
II | 167 |
Extent of shippers liability | 181 |
J The carriers | 184 |
Liability towards third parties | 196 |
parties | 203 |
E The CMIUNCITRAL draft instrument | 209 |
c Interpretation of | 221 |
Criticisms on the limitation of liability | 227 |
F What should be considered dangerous? | 84 |
A In general | 89 |
39 | 97 |
To whom is the notice to be given? | 103 |
84 | 106 |
Documentation of dangerous goods | 111 |
E Duties under the CMIUNCITRAL draft | 132 |
B Shippers liability for dangerous | 138 |
II | 143 |
Is strict liability | 155 |
No strict liability where the carrier | 159 |
E Liability where both parties have | 163 |
A In general | 241 |
Nature purpose and significance of the Recommendations 3 The reformatted UN Recommendations 4 Status and future development of the Recomm... | 247 |
Cargoes covered by the Draft | 248 |
Other I The IBC Code | 261 |
The HNS Convention 1996 | 270 |
General average contribution and dangerous 5 German law goods | 277 |
Dangerous goods provisions in the carriage conventions | 284 |
Appendices | 291 |
39 | 322 |
Bibliography | 335 |
Index | 346 |
Otras ediciones - Ver todas
Términos y frases comunes
1976 Convention Aegean Sea apply arising bill of lading breach bulk cargoes Carriage by Sea carriage of dangerous carried carrier charterparty chemical Class clauses COGSA common law consignee containers contract of carriage Cooke/Young/Taylor court cover damage caused dangerous cargo dangerous nature delay draft instrument duty explosion fault fishmeal freight forwarder German law Hague Rules Hague-Visby Hague-Visby Rules Hague/Hague-Visby Rules Hamburg Rules Hazardous and Noxious HNS Fund Ibid IMDG Code indemnity inherent vice International Maritime Organization knowledge Liability and Compensation liability insurance limitation of liability listed Lloyd's Rep LMCLQ loading loss or damage Marine Cargo Claims maritime law MARPOL master negligence Noxious Substances obligation owner P&I clubs packaged packing parties person port regulations requirements respect responsible result risk safety Second Circuit shipment of dangerous shipowner shipper shipper's liability specific stowage strict liability tion Transport of Dangerous vessel Voyage Charters 2001
Pasajes populares
Página 121 - The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to — (a) Make the ship seaworthy. (b) Properly man, equip and supply the ship. (c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.
Página 297 - ... is not contrary to public policy), or the care or diligence of his servants or agents in regard to the loading, handling, stowage, carriage, custody, care and discharge of the goods carried by sea; provided, that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such.
Página 296 - If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place, or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average, if any.
Página 156 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Página 6 - To provide machinery for co-operation among Governments in the field of governmental regulation and practices relating to technical matters of all kinds affecting shipping engaged in international trade, and to encourage the general adoption of the highest practicable standards in matters concerning maritime safety and efficiency of navigation...
Página 292 - The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity, and weight as furnished by him, and the shipper shall indemnify the carrier against all loss, damages, and expense arising or resulting from inaccuracies in such particulars.
Página 207 - Where a container, pallet or similar article of transport is used to consolidate goods, the number of packages or units enumerated in the bill of lading as packed in such article of transport...
Página 292 - Either the number of packages or pieces, or the quantity, or weight as the case may be, as furnished in writing by the shipper: (c) The apparent order and condition of the goods: Provided, That no carrier, master or agent of the carrier, shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking. 4. Such a bill...
Página 136 - Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier, master or agent of the carrier, has not consented, with knowledge of their nature and character, may at any time before discharge be landed at any place or destroyed or rendered innocuous by the carrier without compensation, and the shipper of such goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment.