The huge liabilities which can be incurred by ship owners when containers are lost overboard are frequently compounded by the problems of establishing the circumstances surrounding a particular incident and incomplete knowledge of the containers' contents.
This paper proposes that OPA 90's current limits for ships are realistic, adequate, allow for necessary increases, and incorporate well-tested, proactive spill response mechanisms. The removal of the shipowner's right of limitation would cut across the 'polluter pays' principle, the bedrock of OPA 90, which preserves a balance between shipowner and cargo owner/receiver liability. A shipowner must be able to insure its liabilities otherwise he cannot trade and revising any part of this equation could prejudice the continuance of oil imports to the United States.
This paper emphasises that differences between vessels and offshore facilities under OPA are necessary and that unlimited or unreasonable liability requirements for vessels under OPA should be opposed.
This paper provides a useful review of OPA 90 and argues that the offshore drilling industry warrants a different liability regime from that applicable to ship operators. It also provides comment on limitation and insurability.
This paper reviews the role of the Oil Spill Liability Trust Fund and the National Pollution Funds Center. The liability limits and financial responsibility of the proposed May 12th legislative package are reviewed. The arrangements put in place by BP to meet the requirements of the OPA claims process are also reviewed.
US Carriage of Goods by Sea Act: Liability of third party under bills of lading based on conduct. Case comment of Eimskip, The Iceland Steamship Company, Ltd v. Atlantic Fish Market, Inc., No. 04-2168 (1st Cir., July 27, 2005).
An Act to create a new offence that, in England and Wales or Northern Ireland, is to be called corporate manslaughter and, in Scotland, is to be called corporate homicide; and to make provision in connection with that offence.
In an action filed before the Courts of Sharjah, the Federal Court of Cassation held that, the holder of a bill of lading by endorsement is considered to have an interest in the bill of lading by virtue of having an interest and seeking to enforce the contract of carriage
Pursuant to the General Paramount clause, the Hague-Visby Rules as enacted in Spain govern claims involving cargo damage occurring during the tackle-to-tackle period, whereas U.S. law applies under the Jurisdiction clause to the litany of non-cargo maritime claims that may be brought as well as to cargo claims stemming from damage outside the tackle-to-tackle period.
This article provides an overview of the law and procedure of the ship arrest in Spain and consider the effect of the new Law of Civil Procedure, which entered into force in January 2001.
This November edition of Bodily Injury News includes articles on Collateral Estoppel; Depositions ; Punitive Damages; Medicare Reporting; Texas Third Party Practice
The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Rotterdam Rules) was adopted in December 2008 by the UN General Assembly. It will significantly increase the liability of shipowners and maritime carriers in respect of the carriage of cargo.
