OPA 90's current limits for ships are realistic, adequate, allow for necessary increases, and incorporate well-tested, proactive spill response mechanisms
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.
In this paper the Department of Justice is advocating the revision of OPA 90 and it believes the current limits are inadequate. Although it presents its argument in the context of offshore drilling it does not exclude shipping from its scope.
Review of OPA 90: offshore drilling industry warrants different liability regime from that applicable to ship operators and comments on limitation & 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.
The TIR Convention 1975
12/05/2010
Customs Convention on the International Transport of Goods under Cover of TIR Carnets
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
UK P&I Club has successfully weathered the storms of the last 18 months and looks to the financial and regulatory future with confidence. The Club's results for the year ended February 20th 2010 were reported to the board in Genoa last week.
SOLAS (Safety of Life at Sea) Amendments
03/05/2010
A list of all the latest SOLAS convention amendments
Ship Arrest in Spain
19/04/2010
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.
Marine pollution regulations in PRC FAQs
22/03/2010
FAQ on Administration of Prevention and Control of Pollution to the Marine Environment by Vessels as published in the CMS newsletter 4/10 of 18
This Legal Briefing reviews the key directives issued by the EU regarding environmental protection and the regulation of shipping. The main directives are presented in tabular form to compare their scope and impact.
This book contains the Club's 2010 Rules and Bye-Laws, full contact details for the managers worldwide and the latest contact details for the Club's correspondents in a single edition.
If someone wants to introduce an innovation he has to give arguments against prevailing standpoints that support current status quo
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.
Piracy - Threat at sea: A risk analysis
22/09/2006
This latest work in Munich Re's knowledge series has been written as a contribution towards the international debate on this topical issue. Piracy - Threat at sea provides a risk analysis of the danger emanating from piracy and marine terrorism and explains the legal position at national and international levels. It highlights underwriting aspects and describes ways of minimising the risk.
Seamen's Personal Injuries
17/08/2006
Seamen's Personal Injuries and persons entitled to limit their liability under the Limitation of Liability Convention for Maritime Claims 1976.