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A Critical Analysis of Liabilities of Ports

Basu Bal, Abhisaran LU (2012) JASM01 20121
Department 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)
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author
Basu Bal, Abhisaran LU
supervisor
organization
course
JASM01 20121
year
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},
}