A Critical Analysis of Liabilities of Ports
(2012) JASM01 20121Department of Law
- Abstract
- The thesis is an attempt to examine liabilities of ports mainly from a common law perspective. The emphasis has been on liability issues pertaining to the English Law, prevalent United Kingdom legislation, related international conventions as well as State specific law governing port liabilities. In trying to delve into the concept of port liability, the thesis explores the evolution and the notion of public and private ports. It also encompasses the discussion about the legal framework for the port governance and various port functions namely the landlord function, regulatory function and the operator function.
The liability of a port authority as an occupier of the premises has been analysed in the light of both common law as well as... (More) - The thesis is an attempt to examine liabilities of ports mainly from a common law perspective. The emphasis has been on liability issues pertaining to the English Law, prevalent United Kingdom legislation, related international conventions as well as State specific law governing port liabilities. In trying to delve into the concept of port liability, the thesis explores the evolution and the notion of public and private ports. It also encompasses the discussion about the legal framework for the port governance and various port functions namely the landlord function, regulatory function and the operator function.
The liability of a port authority as an occupier of the premises has been analysed in the light of both common law as well as relevant English statute law. The liability of port or harbour authorities for pilotage and the liability of the shipowner for negligence of pilot have been dealt with relevant case law. The port authority has an obligation to remove wreck and also incurs liability to third parties arising from unmarked wrecks. A synoptic overview has been presented on the potential liability of port operators as maritime performing party under the recently adopted United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, otherwise referred to as the Rotterdam Rules. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/2740440
- author
- Basu Bal, Abhisaran LU
- supervisor
- organization
- course
- JASM01 20121
- year
- 2012
- type
- H2 - Master's Degree (Two Years)
- subject
- language
- English
- id
- 2740440
- date added to LUP
- 2012-10-15 12:13:47
- date last changed
- 2012-10-15 12:13:47
@misc{2740440, abstract = {{The thesis is an attempt to examine liabilities of ports mainly from a common law perspective. The emphasis has been on liability issues pertaining to the English Law, prevalent United Kingdom legislation, related international conventions as well as State specific law governing port liabilities. In trying to delve into the concept of port liability, the thesis explores the evolution and the notion of public and private ports. It also encompasses the discussion about the legal framework for the port governance and various port functions namely the landlord function, regulatory function and the operator function. The liability of a port authority as an occupier of the premises has been analysed in the light of both common law as well as relevant English statute law. The liability of port or harbour authorities for pilotage and the liability of the shipowner for negligence of pilot have been dealt with relevant case law. The port authority has an obligation to remove wreck and also incurs liability to third parties arising from unmarked wrecks. A synoptic overview has been presented on the potential liability of port operators as maritime performing party under the recently adopted United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, otherwise referred to as the Rotterdam Rules.}}, author = {{Basu Bal, Abhisaran}}, language = {{eng}}, note = {{Student Paper}}, title = {{A Critical Analysis of Liabilities of Ports}}, year = {{2012}}, }