Systems of general limitations of liability in maritime law – the need for unification of maritime law
This paper discusses the issue of system of general limits of liability in maritime law. After a historical description of international legal regulation of this problem, the paper deals with this issue in the current international legal sources and Croatian law. It also investigates how this issue...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Pravni fakultet Sveučilišta u Splitu
2011-01-01
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| Series: | Zbornik Radova Pravnog Fakulteta u Splitu |
| Subjects: | |
| Online Access: | http://hrcak.srce.hr/file/107778 |
| _version_ | 1797641619993788416 |
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| author | Melita Bošnjak Aleksandra Vasilj |
| author_facet | Melita Bošnjak Aleksandra Vasilj |
| author_sort | Melita Bošnjak |
| collection | DOAJ |
| description | This paper discusses the issue of system of general limits of liability in maritime law. After a historical description of international legal regulation of this problem, the paper deals with this issue in the current international legal sources and Croatian law. It also investigates how this issue was regulated in the latest attempt of unification of transport by sea on the international level. The paper expounds the differences in approach of resolving this issue and possible solutions that should strive in modern regulations on national and international level, in order to harmonize the legal regulation. In the area of legal regulation of carriage of goods by sea, there are several different international legal instruments in respect of issues of common limitation of liability in maritime law, but conventions and texts of related protocols differ.
Although there are many conventions and protocols, the desired degree of unification of maritime law has not been achieved yet. The rules on limitation of liability are segments of maritime law in which comes to the fore the problem of lack of uniform international regulations. |
| first_indexed | 2024-03-11T13:48:18Z |
| format | Article |
| id | doaj.art-8187cef555ed45c0abf8bef42fc2a187 |
| institution | Directory Open Access Journal |
| issn | 0584-9063 1847-0459 |
| language | English |
| last_indexed | 2024-03-11T13:48:18Z |
| publishDate | 2011-01-01 |
| publisher | Pravni fakultet Sveučilišta u Splitu |
| record_format | Article |
| series | Zbornik Radova Pravnog Fakulteta u Splitu |
| spelling | doaj.art-8187cef555ed45c0abf8bef42fc2a1872023-11-02T09:51:28ZengPravni fakultet Sveučilišta u SplituZbornik Radova Pravnog Fakulteta u Splitu0584-90631847-04592011-01-01483549576Systems of general limitations of liability in maritime law – the need for unification of maritime lawMelita BošnjakAleksandra VasiljThis paper discusses the issue of system of general limits of liability in maritime law. After a historical description of international legal regulation of this problem, the paper deals with this issue in the current international legal sources and Croatian law. It also investigates how this issue was regulated in the latest attempt of unification of transport by sea on the international level. The paper expounds the differences in approach of resolving this issue and possible solutions that should strive in modern regulations on national and international level, in order to harmonize the legal regulation. In the area of legal regulation of carriage of goods by sea, there are several different international legal instruments in respect of issues of common limitation of liability in maritime law, but conventions and texts of related protocols differ. Although there are many conventions and protocols, the desired degree of unification of maritime law has not been achieved yet. The rules on limitation of liability are segments of maritime law in which comes to the fore the problem of lack of uniform international regulations.http://hrcak.srce.hr/file/107778general limitation of carrier’s liabilitycarrierthe specific limits of liabilitypollution with natural oils (petroleum)harmful and hazardous substances |
| spellingShingle | Melita Bošnjak Aleksandra Vasilj Systems of general limitations of liability in maritime law – the need for unification of maritime law Zbornik Radova Pravnog Fakulteta u Splitu general limitation of carrier’s liability carrier the specific limits of liability pollution with natural oils (petroleum) harmful and hazardous substances |
| title | Systems of general limitations of liability in maritime law – the need for unification of maritime law |
| title_full | Systems of general limitations of liability in maritime law – the need for unification of maritime law |
| title_fullStr | Systems of general limitations of liability in maritime law – the need for unification of maritime law |
| title_full_unstemmed | Systems of general limitations of liability in maritime law – the need for unification of maritime law |
| title_short | Systems of general limitations of liability in maritime law – the need for unification of maritime law |
| title_sort | systems of general limitations of liability in maritime law the need for unification of maritime law |
| topic | general limitation of carrier’s liability carrier the specific limits of liability pollution with natural oils (petroleum) harmful and hazardous substances |
| url | http://hrcak.srce.hr/file/107778 |
| work_keys_str_mv | AT melitabosnjak systemsofgenerallimitationsofliabilityinmaritimelawtheneedforunificationofmaritimelaw AT aleksandravasilj systemsofgenerallimitationsofliabilityinmaritimelawtheneedforunificationofmaritimelaw |